Tier2 Dependant VISA for child newly born in UK

[adi27]

Hello,
I've been living with my family in UK on a valid Tier2 (Gen) visa since 2015. My wife and child have a dependant Tier2 (Gen) visa. We're now planning for our second child to be born in UK.I appreciate if you can advise on the following:

1) Can we apply for a dependant visa for the new born?
2) How soon should such application be made after the child birth? I mean how long does the child can stay in UK legally, say if we do not have immediate need to travel out of UK?
3) What would be the fees approximately?
4) Our VISA is valid until 2019 and we then would be eligible for ILR application. Will the same be applicable for the new born(in UK)? OR does he/she would have to wait for a period of another 5 years to be eligible for ILR?

Thanks for your time! Appreciate any advice!

Regards
Adi

[iworker]

1 yes
2. as soon as u have his passport ready. U should apply within 3 months. If the child doesnt have a leave after 3 months, he may have to pay for nhs if he uses nhs.
3. tier 2 dependent visa £650 and IHS £200/per year.
4. he can register directly for british citizenship once u have ilr, or if u would not like to take british nationality, then, provided both u and your wife have ilr, he can apply for ilr as well

[adi27]

Thanks so much for the answer! On #3, do I have pay the NHS costs upfront for whole period of the VISA validity OR is it something that I can renew on yearly basis? The new born may just need the dependant VISA for 1 year before I attain the eligibility for ILR.

[iworker]

you will need to pay upfrant for the duration of the visa.
End date of his/her visa in line with yours.

[adi27]

Thank you so much!

[Djsuccess]

1 yes
2. as soon as u have his passport ready. U should apply within 3 months. If the child doesnt have a leave after 3 months, he may have to pay for nhs if he uses nhs.
3. tier 2 dependent visa £650 and IHS £200/per year.
4. he can register directly for british citizenship once u have ilr, or if u would not like to take british nationality, then, provided both u and your wife have ilr, he can apply for ilr as well

Hi iworker,
sorry for adding a question to this.
regarding question number 2. Has anything changed? I have had the impression that a child born in the UK might not require a visa if the parent did not take the child out of the country. And that the parent could wait until they are qualified for ILR and then do registration for the child. And if they decide to take the child out of UK, then they will apply for a dependant visa as normal.
Your response sounds like it is now compulsory for every new born child to apply for visa within 3 months.
I will appreciate if you can through more light on it.
cheers

[iworker]

yes i beleive something has changed recently, where the guidance say that the child MAY have to pay for nhs charges after 3 months if he doesnt have a visa.
In my opinion, and strictly my opinion and not rules, i dont see how this can be policed. its a stupid thing to add.
I have experienced, depending on where u live in the country, the records are different. A friend who has ilr had a child with wife on spouse visa, but since the names sounded foreign, they were sent a letter to prove that mother had the right to live in the uk and eligible for free treatment. Whereas, in other areas, nothing of that sort.. in fact some areas dont even ask to show a visa when registering with GP surgery for very first time.

[hassanh]

where the guidance say that the child MAY have to pay for nhs charges after 3 months if he doesnt have a visa.

Hi iworker,

Is it in official Home Office Guidance or in the NHS one? As I could only find this information in NHS internal guidance?

Thanks,
Hassan

[hassanh]

I have found a new draft guidance available here:

https://www.gov.uk/government/publicati ... ns#history

but the new guidance says that it will not be effective until 21st August. Not sure if the rules be applicable after 21st August.

I would appreciate if senior members (in the interest of all of us) can use their experience in figuring out whether it is ok for a UK born baby to carry on using NHS after three months or not?

Thanks,
Hassan

[Djsuccess]

yes i beleive something has changed recently, where the guidance say that the child MAY have to pay for nhs charges after 3 months if he doesnt have a visa.
In my opinion, and strictly my opinion and not rules, i dont see how this can be policed. its a stupid thing to add.
I have experienced, depending on where u live in the country, the records are different. A friend who has ilr had a child with wife on spouse visa, but since the names sounded foreign, they were sent a letter to prove that mother had the right to live in the uk and eligible for free treatment. Whereas, in other areas, nothing of that sort.. in fact some areas dont even ask to show a visa when registering with GP surgery for very first time.

Thank you for the response. Just as you said, the issue with NHS might vary slightly from one area to another. especially when the home countries (England, Scotland, Wales and Northern Ireland) seem to have differences in the NHS structure.
I am particularly interested in the topic as I know people with 3-4 years old children born here and now waiting to get ILR so they can apply for the children. If things have changed, then It will appropriate to apply for the children now.

thanks once again

[Djsuccess]

I have found a new draft guidance available here:

https://www.gov.uk/government/publicati ... ns#history

but the new guidance says that it will not be effective until 21st August. Not sure if the rules be applicable after 21st August.

I would appreciate if senior members (in the interest of all of us) can use their experience in figuring out whether it is ok for a UK born baby to carry on using NHS after three months or not?

Thanks,
Hassan

Hello ,

I have gone through the document in the link you provided.

Exempt categories of person
1.2.The following categories of overseas visitor are exempt from charge:
 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 (see below) 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 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).
 From 21 August 2017, assisted conception services are not included (unless the services are provided by NHS England to armed forces members, veterans and their families, in accordance with the terms of the armed forces covenant, or the services form part of a course of treatment that began before 21 August
2017).
 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.


This is going to come to effect in few weeks from now, I guess you might have to apply for dependent visa for your baby before he/she turns three months old.

I guess there still many cases no covered, for instance;
What happens to children born in the UK before the IHS rule started in 2015?
What will happen to children born in the UK before August 2017 when this new rule will come to effect?

[hassanh]

Another problem is there is nothing in immigration rules about this. This can only be found in the NHS guidance so pretty much everything confusing on this so far.

Thanks