Having a baby with my Tier 2 partner

Hello helpful people!

I am an Irish citizen (male) living in the UK for over 10 years. I do not need a visa due to the special relationship between Ireland and the UK, If i have a baby here my baby would be the entitled to an irish or british passport.

I have been with my Chinese partner (female) for four years now. We are considering having a child and we are wondering what the situation would be like?

I am irish but she is a tier 2 visa holder, she has 2 years left on her Tier 2 visa, her and her company would like to extend this visa when the time is right.

If we had a baby would the baby be entitled to an irish/british passport due to my status?
Would my partner be able to take maternity pay from her employer?
Would I be able to take paternity pay from my employer?

Thanks for your help!

Tier2partner wrote: ↑

Mon Feb 27, 2023 5:23 pm

If we had a baby would the baby be entitled to an irish/british passport due to my status?

British - yes.
https://www.gov.uk/check-british-citize ... 21-onwards

You’ll be a British citizen if when you were born at least one of your parents was either:

a British citizen
an Irish citizen living in the UK

Irish - depends on where you were born, either yes straight away or yes, but via FBR (unless child was born in Northern Ireland, then yes straight away).
https://www.citizensinformation.ie/en/r ... broad.html

If you (or the other parent of your child) are an Irish citizen who was born in Ireland, then your child is automatically an Irish citizen – no matter where they are born. This means that you can apply for an Irish passport for your child.

If you or your child’s other parent were not born in Ireland, but one of you is an Irish citizen, your child can get Irish citizenship, but you must register your child’s birth in the Foreign Birth Register. Your child can apply for an Irish passport once they are registered in the Foreign Birth Register.

For NI: https://www.citizensinformation.ie/en/m ... scent.html

If you were born in Northern Ireland to an Irish or British parent, you can choose to be an Irish citizen.

Not sure about pay questions, will leave it up to other members.

Thank you so much for your helpful reply!

It is good to know the child would be entitled to a passport (either British or Irish)

As for the maternity pay i think she is not entitled to any as she has 'no recourse to public funds'.

Thank you again

Tier2partner wrote: ↑

Mon Feb 27, 2023 5:41 pm

It is good to know the child would be entitled to a passport (either British or Irish)

It's both, just with a bit more hassle if you were born outside Ireland with regards to an Irish passport.

Tier2partner wrote: ↑

Mon Feb 27, 2023 5:41 pm

As for the maternity pay i think she is not entitled to any as she has 'no recourse to public funds'.

post1987687.html#p1987687

Also:
Work-related benefits such as Statutory Maternity Pay, Maternity Allowance, Statutory Paternity Pay and Statutory Sick Pay are not affected by your immigration status and are not classed as public funds.

Taken from another member, so leave for others to confirm, but here's food for thought.

Thanks to you for a super helpful post. I suspect if we do have a child we will just get them a british passport and then get the irish at a later date. I know a few of my irish friends have had babies here and don't want their children having british passports so they have got irish passports rather than British passports, but I have no issue getting a british passport for my child here.

interesting re maternity pay. will wait to hear what others say.

Statutory maternity pay is not public funds.

CR001 wrote: ↑

Mon Feb 27, 2023 7:56 pm

Statutory maternity pay is not public funds.

Thanks very much! that is excellent to know!