Tier 2 to ILR - IHS for dependants?

[Salvi]

I am completely confused about the IHS surcharge and would be greatful if somebody could help.

I am currently on a Tier 2 General visa and intend to apply for my ILR soon. Only last year, I brought my wife over as my dependent and we had our first baby a couple of weeks ago.

I understand that once my visa category switches from Tier 2 to settled status, my wife would need to apply for a change in visa too. Our newborn daughter does not have a visa / BRP just yet.

I also understand that as the main applicant, I am not required to pay the IHS. However, will I need to pay for IHS when applying to switch my wife's visa, as well as for my daughter? Only last year I paid IHS for my wife for a period of 3 years; is that all gone to waste now??

[CR001]

If you apply for ilr based on 5 years tier 2, then she does Not have to switch visa categories. She can continue to extend her pbs dependent visa until she qualifies for ilr.

When does her visa expire?

[JB007]

Our newborn daughter does not have a visa / BRP just yet.

I also understand that as the main applicant, I am not required to pay the IHS. However, will I need to pay for IHS when applying to switch my wife's visa, as well as for my daughter?

If your child was born in the UK-


Children born in the UK to those here lawfully for more than 6 months

If you give birth to a child in the UK, your child will be entitled to free NHS hospital treatment in England on the same basis as someone who's ordinarily resident up to 3 months of age, but only if they remain in the UK during that period.

You'll also need to meet one of these criteria:

you have a valid visa of more than 6 months and paid the surcharge for that visa
you have a valid visa of more than 6 months, but were exempt from paying the surcharge
you have a valid visa of more than 6 months, which you applied for prior to 6 April 2015

You should apply for a visa for your child during the 3-month period after your child's birth.

If required, you may have to pay the surcharge for your child. Failure to do so means you may be charged for NHS services provided for your child after the 3-month period.

https://www.nhs.uk/nhs-services/visitin ... -area-eea/

[Salvi]

If you apply for ilr based on 5 years tier 2, then she does Not have to switch visa categories. She can continue to extend her pbs dependent visa until she qualifies for ilr.

When does her visa expire?

Her visa expires in 2 years time, so there is still a long way to go. When her BRP goes for renewal, I think its at that point she will need to switch the category and pay IHS at that point. Out of curiosity, will she remain on pathway to get ILR after completing 5 years? I don't suppose the clock will reset for her if she switches from Tier 2 Dependent to Dependent of a settled immigrant at that point?

[Salvi]

Our newborn daughter does not have a visa / BRP just yet.

I also understand that as the main applicant, I am not required to pay the IHS. However, will I need to pay for IHS when applying to switch my wife's visa, as well as for my daughter?

If your child was born in the UK-


Children born in the UK to those here lawfully for more than 6 months

If you give birth to a child in the UK, your child will be entitled to free NHS hospital treatment in England on the same basis as someone who's ordinarily resident up to 3 months of age, but only if they remain in the UK during that period.

You'll also need to meet one of these criteria:

you have a valid visa of more than 6 months and paid the surcharge for that visa
you have a valid visa of more than 6 months, but were exempt from paying the surcharge
you have a valid visa of more than 6 months, which you applied for prior to 6 April 2015

You should apply for a visa for your child during the 3-month period after your child's birth.

If required, you may have to pay the surcharge for your child. Failure to do so means you may be charged for NHS services provided for your child after the 3-month period.

https://www.nhs.uk/nhs-services/visitin ... -area-eea/

Thanks a lot for your response and clarification. As I am due to get ILR soon, I might as well apply for my daughter's visa right after then to get her visa in the right category from the outset

[CR001]

When her BRP goes for renewal, I think its at that point she will need to switch the category and pay IHS at that point.

She does Not have to switch visa categories. She applies to extend her pbs dependent visa, which is a 3 year extension if you hold ilr.

Out of curiosity, will she remain on pathway to get ILR after completing 5 years?

If she switches to ILR dependent visa, she needs a new 5 years as ilr dependent before she can apply for ilr. She cannot combine obs dependent time with ilr dependent time to make up 5 years.

I don't suppose the clock will reset for her if she switches from Tier 2 Dependent to Dependent of a settled immigrant at that point?

The clock does reset. They are two completely different visa routes and rules.

As I am due to get ILR soon, I might as well apply for my daughter's visa right after then to get her visa in the right category from the outset

If your child was born in the UK, you can register the child as British once you have ilr. The child does not need a visa or ilr to register as British.