NHS Surcharge for newborn

[nickmpco]

Hi All,

Quick question - I will be having a baby this summer and I am wondering if this healthcare surcharge will apply for her visa. It does seem we are not exempt, but I cannot find any information specifically relating to child dependents born in the UK. Thanks!

[CR001]

What is your exact visa category?

[nickmpco]

Tier 2 (General) over 3 years. With 4 years left, this means I would be on the hook for £800 on top of the £1200 dependent visa fee.

[CR001]

The PBS dependent form indicates £1302 for dependent visa over 3 yesrs. Yes, it will be £200 per year of visa duration payable in full at point of application.

When will you be eligible for ILR?

[nickmpco]

Thanks! I did suspect this, what a shame. I will have been in the UK for 10 years in 3.5 years (I was tier 4 before). I hope I can somehow get out of paying for the 4th year for her dependency.

[CR001]

The dependent visa will be issued in line with your visa, same expiry date. Also, bear in mind that as the rules stand now, if you apply for ILR based on long residence, your dependents have to switch to FLR(M) and their ILR clock will be reset to zero meaning they will have to start a new 5 year qualifying period for ILR and the time spent in the UK as Tier 2 dependents will not count towards this.

[nickmpco]

Thanks.

That is, my wife could apply for ILR after 5 years with me if I wait a year, but if I apply sooner she will have to wait a lot longer? This is really good to know, thank you.

[CR001]

Yes, applying as a Tier 2 main and dependent will be the best and quickets route. How long has your wife been in the UK?

Also, if the baby is born in the UK, you don't need ILR for baby but can register as BC once you have ILR. If born abroad though, ILR would be recommended.

[nickmpco]

Our migration history is a bit long

I arrived in Sept 2008 as a tier 4 student.
My wife arrived in Sept 2011 as a tier 4 student.
I became her dependent when I finished school in Dec 2013.
I switched to a tier 2 in August 2014.
She became my dependent about a month ago.

Needless to say, the UKBA/UKVI has gotten quite a lot of work from us. So in 2018, I can apply for ILR under the 10 year rule. In 2019, I can apply for ILR under the 5 year rule. The only complicated thing is whether my wife can get ILR under the 5 year rule because she will have been on a tier 4 visa for part of the time I was on a tier 2 (i.e. she did not apply with me). I hope it is not the case the clock restarts for her! This would mean she would have to wait a couple of years until she has been around for 10 years.

[CR001]

She needs 5 years as a T2 dep to qualify for ILR with you. She can't combine time as T 2 dep with her time on her own T4 (only possible for long residence applications).

[nickmpco]

Shoot, given she applied just 4 or 5 months later I guess this means she will have to stay as my dependent for a couple years more. I appreciate your help.