Child born in uk

[kingraja]

Hi
I'm on tier 1 entrepreneur visa already got extension in November 2016, I will apply for ILR in February 2018 after completing 5 years.
My child born in uk after my extension in May 2017
My questions are following to all
1- Do I need to apply for child dependant visa even if I'm not planning to travel abroad?
2- If i don't need to apply for child dependant visa then what about IHS because you can't pay IHS without visa application in that case is it NHS services are free for my child till I apply for BC after my ILR using MN1 form...

[marcnath]

Hi
I'm on tier 1 entrepreneur visa already got extension in November 2016, I will apply for ILR in February 2018 after completing 5 years.
My child born in uk after my extension in May 2017
My questions are following to all
1- Do I need to apply for child dependant visa even if I'm not planning to travel abroad?
2- If i don't need to apply for child dependant visa then what about IHS because you can't pay IHS without visa application in that case is it NHS services are free for my child till I apply for BC after my ILR using MN1 form...

See my response at indefinite-leave-to-remain/tier-1-enter ... l#p1507098

[kingraja]

Hi
I'm on tier 1 entrepreneur visa already got extension in November 2016, I will apply for ILR in February 2018 after completing 5 years.
My child born in uk after my extension in May 2017
My questions are following to all
1- Do I need to apply for child dependant visa even if I'm not planning to travel abroad?
2- If i don't need to apply for child dependant visa then what about IHS because you can't pay IHS without visa application in that case is it NHS services are free for my child till I apply for BC after my ILR using MN1 form...

See my response at indefinite-leave-to-remain/tier-1-enter ... l#p1507098

But it is not satisfied reply as you are not sure what actually law says

[Mrchaany]

Q1. No need to wait for your ILR under section 3(1)
Q2. Do not need to pay NHS because your child is free regardless if you have planing to apply for PBS visa

[marcnath]

Q1. No need to wait for your ILR under section 3(1)
Q2. Do not need to pay NHS because your child is free regardless if you have planing to apply for PBS visa

1 is straightforward and understood.
I have been unable to locate any basis for the "Do not need to pay NHS because your child is free.." part of it. From what I have been able to see so far, only the first three months is free for the child. It will be useful to share where your conclusion is from.

[Mrchaany]

Ok
If child born in uk, and the parent have plan to wait for their settlement, and no plan for travelling, so child do. It need nhs surcharge because child have no pervious leave to remain or enter, and the child is not overstay,

[ishfaqsangra]

From my understandings, I am under the impression that: At the time of applying your ILR you can apply child BC as they will look your application first and if successful child will be granted BC.(They do not need to apply ILR)

This is I understood from some other topics discussed on this forum.

I am not sure if a UK born child need to be in for certain time period before BC(such as 2 years)

If you are applying for Child BC no IHS.

[marcnath]

From my understandings, I am under the impression that: At the time of applying your ILR you can apply child BC as they will look your application first and if successful child will be granted BC.(They do not need to apply ILR)

This is I understood from some other topics discussed on this forum.

I am not sure if a UK born child need to be in for certain time period before BC(such as 2 years)

If you are applying for Child BC no IHS.

They are two separate process, so I am not sure if you can combine.
But once ILR is granted, if the child is UK born, BC application can be made immediately.
There is minimum period of stay needed

[marcnath]

Ok
If child born in uk, and the parent have plan to wait for their settlement, and no plan for travelling, so child do. It need nhs surcharge because child have no pervious leave to remain or enter, and the child is not overstay,

Your message is a bit confusing.
But yes, the child is not an overstayer.

And again, strictly speaking, the NHS surcharge does not need to be paid.

But NHS is not free to the child after three months if surcharge is not paid.

[marcnath]

Hi
I'm on tier 1 entrepreneur visa already got extension in November 2016, I will apply for ILR in February 2018 after completing 5 years.
My child born in uk after my extension in May 2017
My questions are following to all
1- Do I need to apply for child dependant visa even if I'm not planning to travel abroad?
2- If i don't need to apply for child dependant visa then what about IHS because you can't pay IHS without visa application in that case is it NHS services are free for my child till I apply for BC after my ILR using MN1 form...

See my response at indefinite-leave-to-remain/tier-1-enter ... l#p1507098

But it is not satisfied reply as you are not sure what actually law says

I am quite sure what the law says to be best of my ability as a non legal person.
To your specific questions
1. No, you do not need to apply for child dependant visa
2. NHS services are not free if you don't pay IHS. So you have to actually pay for anything in NHS other than emergency services. When you go to the clinic next time, tell them your situation and they should be giving you a bill.

[kingraja]

Hi
Zimba88 & vinny I'm waiting for your response on it

[zimba]

1- Do I need to apply for child dependant visa even if I'm not planning to travel abroad?

No. The child can remain in the UK and will not become an overstayer.

2- If i don't need to apply for child dependant visa then what about IHS because you can't pay IHS without visa application in that case is it NHS services

The UK born children to legal migrants will be entitled to up to 3 months of free NHS treatment unless they leave the UK.
The Guidance on implementing the overseas visitor hospital charging regulations 2015 says:

Those who have paid the health surcharge or are covered by transitional arrangements
• Non-EEA nationals, who are subject to immigration control, are exempt from charge if one of the following applies to them while their leave to enter/remain is valid:
– they have paid the surcharge; or
– they are exempt from payment of the surcharge 3 or have had the requirement waived or reduced, or have had part (but not all) of the surcharge refunded to them; or
– they would have been covered under one of the above, but for the fact that they applied for leave to enter or remain in the UK before the start of the surcharge (this will include some people already resident here without indefinite leave to remain, and a small number of people arriving after 6 April 2015 who applied for leave before that date).

• A child born in the UK to an above mentioned exempt person is also exempt from charge up to the age of three months provided that the child has not left the UK since birth.

[ishfaqsangra]

I think the Main applicants ILR application and dependents lets say wife (who has spent 5 consecutive years) and UK born children B.C can be at the same time.

Caseworker guidance also explain that how to consider main application and then dependents for such cases/ILR