Tier 2 ICT Visa and Spouse Visa for pregnant wife???

[ATANG]

hi all,

I am from Hong Kong and my company will soon be transferring me to London office in Nov/Dec and therefore I will then apply for a Tier 2 (ICT) visa to work in the UK for 1-2 years. My original plan is that my wife and my little son will come to UK together with me and I understand that I can apply the spouse/ family visa for them so that they can stay in the UK.

A very big surprise to me is that my wife gets pregnant recently (probably already one month) and I am just wondering whether my wife's pregnancy will prevent her from applying for spouse visa to come to UK?

Appreciate if anyone has knowledge/ similar experience on this that can share with me as this will largely impact my decision whether or not to go ahead with the transfer plan.

Many thanks in advance!
ATANG

[CR001]

A very big surprise to me is that my wife gets pregnant recently (probably already one month) and I am just wondering whether my wife's pregnancy will prevent her from applying for spouse visa to come to UK?

No, it will not as that would be discriminatory. It is a Tier 2 ICT Dependent visa she will apply for. What is generally known as 'spouse visa' is another category not applicable to you.

[ATANG]

Thanks. There are two more questions in my mind:

1. After my wife gets the dependent visa to come to UK with me, I would like to know if my wife's maternity (checkup, ultrasounds, delivery) will be covered under NHS and whether there will be any exclusions ? I still have not made up my mind whether she will give birth in Hong Kong or whether we can have the baby in UK itself? We want to have the baby together in UK, but we don't want it to cost a fortune in UK.

2. If my baby is born in UK, but my wife and myself is not a UK citizen, will my baby become UK citizen or can get UK passport?

Thanks
ATANG

[CR001]

1. When she gets the visa and arrives in the UK, she will be able to use the NHS without any problems.

2. No, your baby will not be a citizen automatically or be able to get a British passport if born in the UK while you are on Tier 2. However, if you are granted indefinite leave to remain (ILR/permanent residence) at some point (Tier 2 ICT does not lead to ILR/settlement), then you can register the baby (if born in the UK) as British as it will be an entitlement to register as soon as you have ILR/settled status.