Babies born in the UK
If you have a baby while you're studying in the UK, then you'll need to find out how this affects you and your child.
Being born in the UK doesn't 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 British.
If your baby isn't a British citizen, they can remain in the UK without making an immigration application. However 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. Therefore 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 childs life and pay the Immigration Health Surcharge.
To make any immigration applications on behalf of a child, you'll need to get a national passport or travel document for the child from the relevant embassy, consulate or issuing authority in your country.
Babies born to Tier 4 students can apply for leave to remain in the UK or entry clearance as a student dependant if:
- both the childs parents are in the UK OR
- both the childs parents are applying at the same time as the child OR
- one parent has sole responsibility for the childs upbringing OR
- the other parent has died.
To make an application for leave to remain in the UK:
- you must hold a Tier 4 student visa for a course of over six months duration AND
- the babys application must be made at the same time as yours OR
- you are a government-sponsored student on a course of more than six months OR
- you are on a postgraduate course of at least 12 months at a higher education institution.
UK Visas and Immigration has confirmed that babies born in the UK who are eligible to make an immigration application as your dependant from inside the UK can apply online using this form.
If your child doesn't meet these requirements, it may be possible for you to make a different application via form FLR (HRO). You're advised to seek specialist advice if this applies to you.
Babies can also apply for entry clearance from your home country as your dependant if:
- The baby was born during your most recent period of Tier 4 or pre-Tier 4 student leave 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 does not have to have been born during your most recent period of student-related leave) OR
- The application is made within three months of the expiry of your most recent Tier 4 or pre-Tier 4 student leave.