Non EEA Pregnant Wife giving birth in UK

[rickyboyg19]

Hi,

I am a British citizen living and working in the UK. My pregnant Indonesian wife will be coming over to the UK around October 2015 on a 6 month visitor visa. The baby is due at start of February and so I had planned for her to have the baby in England.

However, I am now aware of the NHS's new rules (April 2015) and know she'll have to pay for the medical costs (150%). So I researched the Scottish and Welsh government sites and found that she could have the baby in either Scotland or Wales and because she is my spouse, she wouldn't be required to pay.

Please see links:

https://www.wales.nhs.uk/documents/over ... ance-e.pdf (Page 23 - Regulation 4)
http://www.sehd.scot.nhs.uk/mels/CEL2010_09.pdf (page 19/20 - Anyone with the right of abode who
is taking up permanent residence (ME). NB: The spouse / civil partner and any dependent children of anyone who is exempt under the above criteria are also exempt).

I live in the Chester area so I would go for the Welsh option, but what I would like to know is:

Would I need to live in Wales to be able to go to their hospital for the check-ups and then later childbirth or can I still live in England because it is UK after all and just travel there as and when required?

I know this is complex but hopefully someone will be able to help, thanks in advance.

[CR001]

As far as I am aware and sadly, from other forum members experiences, NHS is not free for a person on a 6 month visitor visa in the UK, regardless of your nationality and the right to reside. This has been in place since before 6th April 2015 and failure to pay the NHS costs can lead to further visa refusals.

Has your wife applied for a visit visa already?

Is there a reason why is she not applying for a spouse visa to join you and settle here if you live and work in the UK?

[Petaltop]

Hi,

I am a British citizen living and working in the UK. My pregnant Indonesian wife will be coming over to the UK around October 2015 on a 6 month visitor visa. The baby is due at start of February and so I had planned for her to have the baby in England.

However, I am now aware of the NHS's new rules (April 2015) and know she'll have to pay for the medical costs (150%). So I researched the Scottish and Welsh government sites and found that she could have the baby in either Scotland or Wales and because she is my spouse, she wouldn't be required to pay.

Please see links:

https://www.wales.nhs.uk/documents/over ... ance-e.pdf (Page 23 - Regulation 4)
http://www.sehd.scot.nhs.uk/mels/CEL2010_09.pdf (page 19/20 - Anyone with the right of abode who
is taking up permanent residence (ME). NB: The spouse / civil partner and any dependent children of anyone who is exempt under the above criteria are also exempt).

I live in the Chester area so I would go for the Welsh option, but what I would like to know is:

Would I need to live in Wales to be able to go to their hospital for the check-ups and then later childbirth or can I still live in England because it is UK after all and just travel there as and when required?

I know this is complex but hopefully someone will be able to help, thanks in advance.

It's not complex. She will need to pay in full for everything no matter which NHS she uses as visitors have never been allowed to use the NHS for free. You don't seem to be reading those links correctly, she is not exempt from paying to use the NHS.

The April 2015 changes under the Immigration Bill just ensures that all the NHS must now bill to ensure the NHS gets what it is owed. It's in the NHS interest to do this now as they keep that extra 50% your wife will get billed, but they will get fined if they don't bill.

If you bring your wife in with a spouse visa, she will pay £600 with her visa and then can use the NHS for free after that.

[rickyboyg19]

Petaltop, Why will she have to pay no matter which NHS she uses, when it is there written in black and white (Scottish and Welsh) that she doesn't have to. Did you click on the links? I'm not making it up.

CR001, She can't apply for the spouse visa yet because I have only just returned to UK after working in Indonesia for 5 years, and have started my job only within the last month and as you are aware, I must be working for at least 6 months before I can apply.


Thanks.

[Petaltop]

I did read them but I don't understand why you think your wife would be exempt from paying when she visits you in the UK to give birth? Visitors have never been allowed to do this.

This is from the Government page for all 4 NHS.

Visitor visas and short-term visas

You don’t have to pay the healthcare surcharge if you’re applying from outside the UK for a visitor visa or any visa that lasts 6 months or less.

You don’t need to use the healthcare surcharge service or get an IHS reference number for your visa application. Instead, you’ll have to pay for any healthcare you get through the NHS at the point you use it.

https://www.gov.uk/healthcare-immigrati ... n/overview

[CR001]

She would only be exempt if she is an ordinary residence, i.e. on a spouse visa or student visa etc. It is not applicable to visitor visas.

Has she been granted a visitor visa already? This is important as in recent months, many people have tried this and the non-EEA spouse is refused a visitor visa as it is often seen as a way to circumvent the spouse visa process.

[rickyboyg19]

Petaltop, The reason why I thought she would be exempt from paying is because it says so in the documents quoted.

So, what you're saying is that those documents are incorrect or have I completely misread them?

[Petaltop]

Petaltop, The reason why I thought she would be exempt from paying is because it says so in the documents quoted.

So, what you're saying is that those documents are incorrect or have I completely misread them?

You have misread them, sorry and your wife is not exempt from paying as a visitor to vist her UK husband and give birth in the UK. She is not settled in the UK, she is visiting. You being a Brit does not give her free NHS when she visits you. If a foreign national comes to UK to visit or work and they are exempt from paying, then their wife can be exempt too.

[rickyboyg19]

CR001 No, she hasn't got the visitor visa yet, but she has had about 3 in the recent past so I think they trust her.

Petaltop, thanks for the info. It looks like she will have to have the baby over in Indonesia because the charges here will probably be 2k plus.

[CR001]

CR001 No, she hasn't got the visitor visa yet, but she has had about 3 in the recent past so I think they trust her.

They have become a lot more strict and she would have real difficulty in proving the intention to leave the UK (as you are here now) and what her strong ties to Indonesia are, if she applies for a visitor visa. The fact that she is pregnant and wanting to apply for a visitor visa will also likely not be in her favour.

[Petaltop]

Petaltop, thanks for the info. It looks like she will have to have the baby over in Indonesia because the charges here will probably be 2k plus.

Lucky you checked.

2k+ just for a basic birth with no problems, plus another 50% added to her bill because of no insurance. She will have to pay her NHS bill in full before they will give her another visa.

[rickyboyg19]

Another part I didn't mention is that I already have a son with my wife. My son has dual nationality so he has no problem getting here.

I just thought i'd add this info because it may have a positive impact on her visitor visa application.

[Casa]

Sorry to appear pessimistic but having a child with dual nationality may weaken her visitor visa application as the case worker may feel there's even less reason to return to Indonesia.

[rickyboyg19]

It feels like i'm pissing in the wind here.

I have a lot of planning/thinking to do.

[CR001]

So sorry that the advice is harsh but it is reality and it would be wrong and unfair for us to sugar coat our advice. UK immigration is not for the faint hearted and it is getting tougher all the time, especially for geniune and honest migrants.

Wish you the best for your family and feel free to pick our brains for advice at any time, we will always be happy to provide honest opinions and advice to you.

[rickyboyg19]

Thanks for all the advice folks.

It needs to be harsh if that's what it is. At least I know where i'm at now.

Many Thanks.

[Petaltop]

UK immigration is not for the faint hearted and it is getting tougher all the time, especially for geniune and honest migrants.

As usual, too many dishonest people spoilt it for the honest.

Thanks for all the advice folks.

It needs to be harsh if that's what it is. At least I know where i'm at now.

It's nice to see someone taking the time to find out what is allowed, to do the best for his wife. Sorry it wasn't what you hoped for.

[boloney]

Sorry to appear pessimistic but having a child with dual nationality may weaken her visitor visa application as the case worker may feel there's even less reason to return to Indonesia.

Can they really don't let his wife in with British child? If child is too young to travel alone they will be stopping him from visiting his own country by stopping someone who is looking after him.

[Casa]

The challenge will be to prove in the visitor visa application that the intention is to return to the home country without overstaying.
The fact that the wife will be travelling with her dual nationality child, with her husband already in the UK, the case worker will query whether she will remain in the UK as all her family will be there. This is in addition to the fact that she is pregnant.

[boloney]

The challenge will be to prove in the visitor visa application that the intention is to return to the home country without overstaying.
The fact that the wife will be travelling with her dual nationality child, with her husband already in the UK, the case worker will query whether she will remain in the UK as all her family will be there. This is in addition to the fact that she is pregnant.

I understand what you saying but technically they will prevent British Citizen from entering UK only because his mother, adult who looks after him is visa national.

[secret.simon]

If you are referring to the unborn child as a British citizen, it is not. It would only get citizenship at birth. It is the citizenship of the parents at birth that matters, not at or during gestation.

So, the unborn child is not yet a citizen of any country, but is covered, figuratively and literally, by the mother's citizenship.

Were the mother a British citizen, she could have travelled to the UK without issues (though she would soon have one) and given birth in a UK hospital.

[CR001]

@Secret.simon - I suspect Boloney is referring to the dual national child the couple already have (Indonesian/British child). The unborn child, when born will be a dual national as well.

[secret.simon]

@CR001 I apologise. I misinterpreted boloney's comments.

But being a British citizen who is a minor ought not to mean that a visa national can tag along when there is another British national (the father) who is capable of accompanying him/her on international flights.

[CR001]

No worries secret.simon

It still does not change the fact that the wife/mother will struggle to convince an ECO of her intention to leave the UK when applying for a visitor visa.

[cafeconleche]

Yes, will be problematic. If your spouse has a job in Indonesia waiting for her, it could help, but won't necessarily. Tough one.