Ancestry Visa and newborn

[TheGrove]

Hey all, hoping I could get some help with a few questions.

So my partner and I entered the UK in July 2015, I have an ancestry visa and my partner (unmarried) is a dependant on my visa.

We where not planning on having children until we where in ILR but things happen and we have a little one due in December.

Now I am trying to understand what needs to be done, we paid the £2000 health surcharge during our application and have been told the birth of the baby will be covered but should the baby require medical attention this will not be covered under the NHS until we get a visa for the baby which could take up to 6 months so we would need to pay cash for anything.

Is this really the case? I have no idea what needs to be done besides complete the FLR(0) form and just trying to get my facts straight regarding the NHS.

[CR001]

Possibly yes as the child will have no legal status in the UK and is not a UK Citizen. The child won't be denied treatment though.

You can apply in person for a same day decision if you wish to (costs extra)

[TheGrove]

Thanks CR001, I have been told by some people at the hospital that we have 3 months of NHS cover to get it sorted others have said this is not the case, just really confused at this point.

What would the process be if I was to do everything on the same day, would I need to go into London?

[CR001]

There are premium service centres located around the UK so it depends on where you are based which one would be closer to you. See the link below.

https://www.gov.uk/ukvi-premium-service ... s/overview

The baby will need to go with you though if you apply in person as they need to do biometric enrollment as part of the appointment process (digital photo for a baby).

[TheGrove]

Thanks again,

Does anyone know how it works with regards to NHS, the immigration person at the hospital says the baby will be covered for 3 months from birth which gives us time to pay the health surcharge and get the visa sorted out. But when I called immigration they are not aware of this.

I just can't understand how they could expect you to get a visa the moment baby is born, seems a a bit crazy.

[CR001]

I don't unfortunately. The baby won't be denied treatment, so don't stress about that. Suggest try to get visa sorted out as soon as possible once baby is born.

UKVI/HO call centre are well known for giving incorrect advice so don't take what they say as gospel truth. If the hospital has advised you already, suggest ask for it in writing and go with their advice. That will give you the time to sort out the visa.

[vinny]

See also Tier 2 dependant visa for newborn in UK.

[Petaltop]

Does anyone know how it works with regards to NHS, the immigration person at the hospital says the baby will be covered for 3 months from birth which gives us time to pay the health surcharge and get the visa sorted out. But when I called immigration they are not aware of this.

I just can't understand how they could expect you to get a visa the moment baby is born, seems a a bit crazy.

The immigration person at the hospital has been reading her NHS guidelines that the government gave the NHS staff. It's says 3 months free NHS for your baby. The mother is on a valid visa.

Ask the immigration person at the hospital for a copy of those guidelines. Or have a search on the internet as that is where I read the NHS guidelines when the UK changed who they would give free NHS to.

Plenty of time to get a visa and pay the IHS for your baby, to avoid NHS bills after those 3 months.

[Petaltop]

The immigration person at the hospital has been reading her NHS guidelines that the government gave the NHS staff. It's says 3 months free NHS for your baby. The mother is on a valid visa.

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

[CR001]

See also Tier 2 dependant visa for newborn in UK (click).

Well this link that vinny provided gives the relevant bits.

[Petaltop]

See also Tier 2 dependant visa for newborn in UK (click).

Well this link that vinny provided gives the relevant bits.

Not really because vinny said about the NHS for a baby born in the UK
However, as A280(b), 304 does not require a child born in the UK to apply for leave to remain, I do not know where the justification of three-month requirement comes from?

Not needing a visa for a baby is not the same as being allowed free NHS, as the Immigration Act 2014 changed that for the NHS from April 2015.

If you look at that link in vinny's post and and my quote above about NHS only being bill free for up to 3 months-

- if the parents decide not to get a visa for their baby born in the UK, then they won't be billed for NHS for that child for up to 3 months if the mother is allowed to use the NHS for free. BUT, after that, they will pay for their child to use the NHS. With 50% added if they don't have insurance to pay.

- if they chose to get a visa for their child born in the UK, then they can pay the IHS for that child, which will then give their child free use of the NHS.


It is their choice. But considering the government have already said they will end free A&E in England for those who can't have free use of the NHS, and ran a consultancy on it from December 2015 to March 2016, the first choice could work out to be very expensive.

For the OP, it reads that what the immigration person at the hospital told him, is true. He can always ask them for a copy of their guidance too.

NOTE. This is not a dig at vinny ( I think he is great) but I'm just stating why there is now that 3 month only NHS. The Immigration Act 2014 changed who can have the use of the NHS for free.