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What are the implications of having a baby while on a student visa in the UK?

Baby Born in UK On Student Visa

Your child may not automatically become a British citizen just because they were born in the UK. This will be the case if you’re a British citizen, a parent, or legally residing in the UK. Your child will be given the same restricted leave to stay that you have. Different regulations apply if you have a student visa with a limited period of stay.

If a baby is born in the UK to a student visa holder, several steps must be taken to ensure the baby’s legal rights are safeguarded. As a student visa holder, various legal, financial, and social implications come with welcoming a new family member. Equally important, understand these implications before deciding to have a baby in the UK as a student. This blog post will provide information about the implications of having a baby while on a student visa in the UK. Moreover, this includes the parent and child’s legal and financial responsibilities.

Do I Need to Apply for A Visa If my Baby is Born in the UK On a Student Visa?

A baby born in the UK to parents with student visas does not require a visa to stay in the UK. Even though this is the case, many of our clients are unaware of what it means for their families. With this in mind, your baby will no longer receive free healthcare after three months of age.

Your child will also need travel documentation, such as a passport and a valid visa, to enter the UK if you plan to travel abroad. If a baby is born in the UK on a student visa, it is important to note that it is not automatically entitled to citizenship.

You must apply for their dependent visa after they turn 18. For their dependent visa, you can apply online. You must complete this if you want to take your child on international and domestic trips.

For each child, you must present a complete UK birth certificate that includes the names of both parents. Here is a table that summarises what you will need for each situation:

Planning To Be Pregnant

Suppose you are a student visa holder in the UK. In that case, taking the necessary steps when planning a pregnancy is important. As soon as you start planning, you should check your immigration status and that of your partner to ensure you are eligible to give birth in the UK.

Depending on your status, you may need to apply for additional permission or sponsorship before having a baby. Your child automatically becomes a citizen if you are legally allowed to reside in the country on an ongoing basis. You must provide proof that you have. If a baby is born in the UK on a student visa, its parents might be able to apply for citizenship on their child’s behalf.

For example, if you have British or Irish citizenship, you do not need permission to give birth in the UK. However, you must have permission from the Home Office if you have settled status from the:

If you and your partner do not meet these criteria, you must seek permission from the Home Office to give birth in the UK. This will involve completing a maternity application form, submitting evidence of your relationship, proving your financial stability, and providing proof that the baby will have sufficient care upon birth.

In essence, you will also need to pay an application fee. It is important to submit this form before your due date to receive a decision from the Home Office before your baby is born.

Can You Apply for Citizenship for Your Baby?

You can apply on your child’s behalf if they aren’t already a citizen of the United Kingdom. It depends on their immigration status and birthplace. For them, you’ll have to complete a different form.

Your child must be “of good character” and older than 10. Unless they have a criminal record, your child will typically be a person of good morals. To apply for citizenship for your child, you’ll need to fill out Form MN1, an application for registration.

You’ll also need to submit proof that your child was born in the UK and with you for three years before their application.

Along with your application, you’ll need to include several documents that support your claim that your child is eligible for citizenship. These include copies of your and your child’s passports, birth certificates, and proof that you’ve been living and studying in the United Kingdom for over three years. Once your application is approved, the baby will become a British citizen.

The Family Must Apply for A Child Visa

If a baby is born in the UK to parents on a student visa, the family must apply for a child visa. The application must be made before the child’s first birthday, or they will not be granted leave to remain in the country.

Particularly, the family must submit evidence to demonstrate that the child’s primary residence is in the UK. Also, prove that both parents are lawfully present in the UK.

Generally, the child visa must be applied online or via post. Also, complete and submit an application form, provide supporting documents, and pay the relevant fees. However, these fees vary depending on the family’s circumstances. It generally ranges from £1,033 to £2,389. The documents required to be included in the application include the following:

  • A valid passport for each parent and the baby
  • Evidence of identity
  • Proof of financial ability to support themselves and the baby
  • Documents proving the relationship between the parents and the baby
  • Proof of parental responsibility for the baby
  • Evidence of the baby’s medical history

In some cases, additional documents may be requested to prove eligibility. These include:

  • Documents related to studies or work
  • Letters of reference from employers or institutions
  • Bank statements
  • Educational qualifications

It is important to note that the application will be rejected if any of the documents provided are not authentic or do not meet the required standards. The decision regarding the application can take up to 3 months or more. Read also: Want to know the Legal statement for separated parents’ holiday rights in the UK?

If a family’s application is unsuccessful, they may need to seek legal advice. If a baby is born in the UK on a student visa and you and your partner do not meet any of these criteria, you would need permission from the Home Office to stay in the UK.

Reasons Your Baby Isn’t Eligible for British Citizenship

Having a baby while on a student visa in the UK may not automatically make them eligible for British citizenship. There are a few key reasons why they may not be eligible:

  • They must have been born to at least one parent who has indefinite leave to remain or permanent residence in the UK.
  • The baby’s parents must have been present in the UK for at least three years before the birth.
  • The baby must be registered with the Home Office as soon as possible after their birth.
  • The baby must live in the UK for ten years before applying for British citizenship.

These requirements must all be met for a baby to be eligible for British citizenship, so it is important to consider your visa status and residency requirements when planning a pregnancy in the UK.

See below for a table that outlines the various criteria for a baby to be eligible for British citizenship:

FAQs

Q: Can I have a baby while on a student visa in the UK?

A: Yes, you can have a baby while on a student visa in the UK. However, the implications of having a baby while on a student visa may vary depending on your student visa and how long you have been in the UK.

Q: Will having a baby affect my student visa application?

A: Having a baby may affect your student visa application as it may be considered an additional responsibility, impacting your ability to focus on your studies.

Q: What are the financial implications of having a baby while on a student visa?

A: Having a baby while on a student visa could result in additional costs such as medical bills, childcare, and other associated expenses. You should ensure that you are financially prepared for these additional costs before applying for a student visa.

Q: Do I need to inform UKVI of my pregnancy?

A: You must inform UKVI of your pregnancy as soon as possible so they can consider this when processing your application.

Q: Can I stay in the UK after my student visa expires if I have a baby?

A: If your student visa expires and you have a baby, it is likely that you will not be able to stay in the UK unless you can apply for another visa or are granted leave to remain in the UK.

Q: Is any additional support available if I am pregnant or have a baby while on a student visa in the UK?

A: Additional support is available if you are pregnant or have a baby while on a student visa in the UK. You may be able to access financial support such as child benefits or Tax Credits. You may also be eligible for free antenatal and postnatal care.

Conclusion

Having a baby in the UK on a student visa can be difficult. However, by understanding the different rules and regulations for obtaining visas for your baby, you can ensure that you and your family are prepared for any possible implications.

It is important to note that eligibility for British citizenship depends on specific criteria and may not be available for your baby. If you have any doubts or questions, you should seek advice from a qualified immigration specialist.

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Our Head Solicitor
Khurram Amir Qureshi

Khurram Amir Qureshi has been an advocate of Pakistan since 2004, a Solicitor of England and Wales since 2009, Solicitor of Ireland since 2015. He has extensive experience in family law, Immigration law, Personal injury cases, and Civil and Commercial litigation gaining over 13 years of continuous practice in England and Wales.

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