Baby born in the UK to parents having Student graduate Visa

[Pollyn]

I was told I needed to apply for baby's Visa under ours and also pay for his IHS if not after three months, any hospital treatment will be billed to us by NHS....I don't know how practically true this is..... do you have an idea? And what happens if we don't apply for a Visa for baby under ours?

[vinny]

True.

[Pollyn]

Okay, thanks so much.

[sah10406]

And what happens if we don't apply for a Visa for baby under ours?

Nothing happens.

If you do want or need to apply, there is no provision to add a newborn baby as a Graduate dependant. You could only apply using form FLR(HRO) as an "Other" application under the provision at paragraph 305-306 of the immigration rules:

https://www.gov.uk/guidance/immigration ... ly-members

[vinny]

GR 9.4.

The applicant must be in the UK on the date of application and must:

• (a) have, or have last been granted, permission as a dependant partner of a Student and that Student is applying for, or has now been granted, permission to stay in the Graduate route; or
• (b) have, or have last been granted, permission as a dependant child of either a Student or dependant partner of the Student and that Student is applying for, or has now been granted, permission to stay in the Graduate route; or
• (c) be a child born in the UK during the last grant of Student permission of a Student and that Student is applying for, or has now been granted, permission to stay in the Graduate route.

I think GR 9.4.(c) is unnecessarily too restrictive.

[sah10406]

I think GR 9.4.(c) is unnecessarily too restrictive.

At the time I assumed this was a drafting error, but it has never been corrected. The Explanatory Memorandum that accompanied the launch of Appendix Graduate did include in paragraph 7.8 children born during the Graduate permission and under older periods of Student permission, not just those born during most recent Student permission:

New dependants will not be permitted, except where a dependent child was born in the UK during a period of Student or Graduate permission.


https://www.gov.uk/government/publicati ... march-2021