Rights, status & facilities to children born to HSMP par

[sajidzaidi]

can some one please update me on the Rights, status & facilities to children born to HSMP parents

Regards

[sajidzaidi]

My wife is expecting and we also have the HSMP clearance now.

Is there any advantage in rushing to UK to have the baby born there.


regards

[hsmp_victory]

You are NOT suppose to use public funds if you are on HSMP visa, and any child benefit you claim will go against you when you apply for Extension / ILR. Your application will stand rejected as you signed an agreement with HO while filling the HSMP/TIER 1 form that you will NOT use public funds. The list of benefit we cannot use are available elsewhere in this forum and have been discussed several times.
There are no benefits for taking such a hassel, plus i don't know too much of your details. If at all I will be more worried about getting a job here first before thinking about child benefits.
I have heard from a friend whos lawyer told him that your child can claim British Citizenship if he/she was born here and has been going to school for 7 years. But since I am not 100% sure about this and haven't read it anywhere I wouldn't really rely on it as it might be another solicitor scam to rip a poor guy off.
Plus it seems a bit silly for such a possibility to exist as if you cannot live in this country due to any reason would the child not go with you incase you leave the country.??
But I will still wait for an advice from a senior member.

[f2k]

the issue of benefits is really relative and personal. While I agree you cannot claim 'benefits' from the govt as posted above I doubt that is what you are asking about. You will still be able to use the NHS for pre and post natal for free, whether this is a benifit to you depends on your personal circumstances. it terms of visa, i think it is easier to apply for a dependent's visa for child born in uk as an 'in-country' application than for an entry clearance visa for someone born outside. Infact if child is born here you may not even have to apply for a leave to remain for them if you wish until you either extend your leave or when you apply for ILR

[jei2]

It's a bit of a vague query but here goes.

Your child will not be British unless it is born after you have been granted settlement (assuming you or your wife don't alreadyhave some residual right of citizenship).

You are generally not entitled to public funds. However there is a list of countries that are entitled to claim particular benefits including Child benefit. (most of these already have some kind of reciprocal arrangement with the UK - nothing's free in this world).

Some hospitals may try and charge you for the cost of postnatal and delivery services and any other medical related needs - although strictly speaking you should still be able to access these services. It can depend on how your doctor views the Hippocratic oath (as one once informed me!)

hsmp_victory, your friend's lawyer is talking through his or her behind. The 7 year concession for children (of overstayers) was removed on 9 December 2008. The concession for children (of overstayers) born in the UK and resident for 10 years is at the Secretary of State's discretion.

By which time sajid's child may well have it's British citizenship. If that entitlement hasn't been removed for all non-EU migrants by then..

[bani]

As other posters noted, NHS may ask you if you've been in the UK for a year already to access services (they asked me that when I went in for a procedure). So it could be a hassle getting free prenatal/postnatal care.