Tier 1 Entre. dependant - New Born in the UK & extension

[zamanam]

HI there,


I will be grateful for your kind advice on below query.
My brother is on Tier 1 entrepreneur visa under £200K category and his wife is on (PBS Dependant) – They will apply for extension/ILR in Sep 2018 and my niece is born just 10 days ago.
I am worried about what we have to do for her visa. Do we need to apply for PBS Dependant visa for her? If so what should be the timeline.

We just have her birth certificate. It means first we have to apply for with our embassy and get a passport and then UK visa - it seems it will take at least few months. Can you kindly share what have you done?
If not how would she apply for extension and ILR and will she be entitled for NHS

Many thanks & kind regards

Thanks

A

[zimba]

There is nothing to worry. A baby born in the UK to legal residents has the right to remain here with the parents and if the parents get ILR, she will be eligible for British citizenship. You do not need to get her a leave to remain if you do not intend to travel outside the UK but if the parents what to travel outside with the baby, they need to apply for dependant PBS visa for her, showing the required documents and maintenance and paying the IHS.

[zamanam]

Dear zimba88,

Many thanks for your reply. Its great new.

This also means that

1- When my brother will apply for extension - he doesn't need to include her as a dependant

2- They will not be paying separate NHS surcharge for her - can she still get treatment?

Kindly clarify these two issues.

Thanks

[zimba]

1- When my brother will apply for extension - he doesn't need to include her as a dependant

No as the new born has no leave to remain to be extended, so there is no such requirement.
You only include a UK born child in the application if she was previously been granted leave to remain.
Please bear in mind that If the parents want to travel outside the UK in future, they must apply for visa for the baby before leaving the UK. If they get her a visa, then she has to be included as a dependant in every visa application.

2- They will not be paying separate NHS surcharge for her - can she still get treatment?

Yes she will be covered by the NHS but if they choose to apply for visa, then they have to pay the IHS

[zamanam]

Dear zimba88,

Many thanks for your reply. It is extremely helpful - Just one remaining query
re no 2 below:

1- they are so busy setting up new busines for fast route (10 staff) & with new born.
So atleast they dont need visa for travelling purposes for next 2-3 years.

My question 2- They will not be paying separate NHS surcharge for her - can she still get treatment?

your response. Yes she will be covered by the NHS but if they choose to apply for visa, then they have to pay the IHS

Just a query - This is not against law (im sorry I know you wont give illegal advise) but I'm just concern when my brother will apply for extension or ILR then Home Office can reject saying you are not paying for your baby's NHS charges?
Kindly just clarify this or send me a link of law for this as I googles it but cant find.

Thanks again

[vinny]

See also Tier 2 dependant visa for newborn in UK.

[Petaltop]

See also Tier 2 dependant visa for newborn in UK.

Your link says the child will only be covered for 3 months for the NHS.

Your child is covered until three months of age, but only if he/she hasn't left the UK during that period.

and

You should apply for a visa for your child during the three-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 three-month period.

This is also written in the new guide for NHS England staff on who they must now bill - just 3 months free NHS now for the baby.

I assume this all came in from 6 April 2016 when the Immigration Act 2014 changed who could have free NHS to, free only for those who live in the UK and are PR (British citizen, ILR).

The baby may not need a visa under the PBS rules, but under the Immigration Act 2014, for the NHS the parents will be billed if their child uses the NHS after 3 months. 50% added to the bill if they don't have insurance to pay. Or they can get a visa during that 3 months for their baby and pay the IHS.

[Petaltop]

This is also written in the new guide for NHS England staff on who they must now bill - just 3 months free NHS now for the baby.

It was in the guidence where the NHS staff were told to make sure a BRP is presented for them to give free use of the NHS.

The guideance told NHS staff to check that persons BRP AND check on the NHS SPINE system too as their visa may have been cutailed and they could be using an invalid BRP to try to get free NHS. UKVI will put a green banner on the SPINE system to let the NHS staff know that they can let that person use the NHS for free.

How will the baby have a green banner (free use of the NHS) on their name on the SPINE system if the parents haven't paid the IHS and their baby is more than 3 months old?

[Petaltop]

The baby may not need a visa under the PBS rules, but under the Immigration Act 2014, for the NHS the parents will be billed if their child uses the NHS after 3 months. 50% added to the bill if they don't have insurance to pay. Or they can get a visa during that 3 months for their baby and pay the IHS.

This seems to confirm what I understand: not needing a visa for a baby born in the UK, does not mean the parents get free NHS for that child.

This isn't the guidance for NHS staff that I read before, but it says the same thing.

On page 41 of the document

5 .15
A child born to a person who is exempt from charges under Regulation 10 or 11 will
also be exempt from charges while they are aged three months or younger provided that the
child has not left the UK since birth. Parents should ensure that they regularise their child’s
immigration status in the UK during this three-month period, which may include the parent
paying the surcharge on their child’s behalf. If the parent does not regularise their child’s
status, they will be liable for any charges for treatment provided to the child after the three-
month period.

https://www.gov.uk/government/uploads/s ... g_accs.pdf

Moderator edit:[/i] https://www.gov.uk/government/uploads/s ... g_accs.pdf

[zamanam]

Hi Thanks all

This was for Tier 2 - is this law same for tier 1 entrepreneur and your advise will be to get a visa for the newborn ?
Thanks

[vinny]

A280(b), 304 covers all non British children born in the UK. When child is not applying for leave, as is permitted, there doesn't appear to be any justification for the three month period.

[zamanam]

Per 304 below it seems new born is under immigration control which means we need to get a leave to remain. I am sure where its says its exempted. Sorry am I confusing myself or law is confusing.


Children born in the United Kingdom who are not British citizens
304. This paragraph and paragraphs 305-309 apply only to dependent children under 18 years of age who are unmarried and are not civil partners and who were born in the United Kingdom on or after 1 January 1983 (when the British Nationality Act 1981 came into force) but who, because neither of their parents was a British Citizen or settled in the United Kingdom at the time of their birth, are not British Citizens and are therefore subject to immigration control. Such a child requires leave to enter where admission to the United Kingdom is sought, and leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom. If he qualifies for entry clearance, leave to enter or leave to remain under any other part of these Rules, a child who was born in the United Kingdom but is not a British Citizen may be granted entry clearance, leave to enter or leave to remain in accordance with the provisions of that other part.

[vinny]

and leave to remain where permission is sought

implies it's optional.

[zamanam]

Thanks a lot Vinny. It means it’s not conditional its if you need it say for travelling purposes.

Thanks again for clarifying