Birth in the UK does not automatically make a baby a British citizen. The baby needs to have a parent with British citizenship or settled status in the UK in order to be born British.
If your baby is born in the UK but is not a British citizen, it is quite lawful for him or her to remain in the UK without making an immigration application. However, the baby will need immigration permission to re-enter the UK after any travel abroad, and for babies born to Tier 4 students, there are limited instances when the baby can apply for immigration permission as your dependant.
Immigration Health Surcharge
From April 2015 babies born in the UK are not entitled to free healthcare from the age of 3 months old, unless it is emergency treatment. In order to access healthcare parents of babies born in the UK will need to make an immigration application within the first 3 months of the child’s life and pay the Immigration Health Surcharge
If you have a child born in the UK, or are due to have a child shortly, please contact IISA for further advice on your situation.
Making a Tier 4 dependant application
For a baby born in the UK certain criteria must be met in order for a valid Tier 4 dependant application to be made. Babies, and their families, must meet the following criteria:
- Both parents must be legally in the UK
- You are able to have dependants with you in the UK because either:
- you are government-sponsored on a course of more than six months OR
- you are on a postgraduate course of at least 12 months at a publicly-funded Higher Education Institution or a 'recognised body’.
A baby can apply for entry clearance as your dependant in the following circumstances:
- the baby is born during your most recent period of Tier 4 or pre-Tier 4 student permission granted for a course of more than six months duration (unless the leave was for a re-sit or to re-take a module for the same course of more than six months duration, in which case the baby can have been born during the permission for the course or the resit or retake) OR
- the baby is born within three months of the expiry of your most recent Tier 4 or pre-Tier 4 student permission
Further information on babies born in the UK is available on the UKCISA website
Please contact the IISA if you need further advice on your individual situation.