Apply for visa to accompany british wife to give birth in the UK

[fkhoury]

Hi,

My wife is British citizen that was born and raised outside of the UK. She got the passport while born outside of the UK from her Dad as a first descendent in the 1990s.

Since then, she visited the UK a few times on different occasions but never lived long term nor worked.

I (the husband) am a non-British citizen and hold another nationality. we got married 2 years ago and she's pregnant with our baby.

My wife wants to give birth in the UK and I'd like to accompany her during her birth delivery period (about 30 - 40 days total). I intend to leave the UK back to my country as I work there full time.

The reason we want to deliver in the UK is because we want the child to be British (like the mom) and to be able to pursue a future in the UK - school, university, work and a life maybe.

Your kind help in answering the following questions is appreciated:

- To confirm The child if born in the UK from a British mother will get the British citizenship. Yes or No?
- What type of Visa should I (the Husband) apply for to accompany my wife during delivery?
- What duration of stay?
- What purpose of travel do you advise to state in the application.
- Any important considerations to take.

We're financially capable and we can deliver in a private hospital if needed. We will not need any recourse to public funds in any way. Our aim is to remain legal throughout the entire process. Your advise is highly valued. Thanks a lot!

[alterhase58]

A child born to British parent(s) will be British - even if birth took place abroad.
Note that you may need to go private because the NHS requires proof of "habitual residence", I believe that is a minimum of three months.
Regarding visa for yourself other members here need to advise.

[calavera99]

Ok. As far as I know you need to be careful about one very important distinction here.

Is your wife "British Citizen" or "A British citizen by descent" ?

This difference is important because the type of citizenship people have decides the way in which they can pass British citizenship on to their children who were born outside the UK.

If your wife is a "British Citizen", your baby will be "British Citizen" IF YOU DELIVER IN UK. If you deliver outside of UK your baby will be "A British citizen by Descent".

If your wife is "A British citizen by descent", this means that she cannot automatically pass on British citizenship to any child who is born out of UK. AND (this is the part I am not 100% sure but I remember reading about it on gov.uk docs) she might not be able to pass British citizenship even if she delivers inside UK unless she has spent some certain days in in the UK for the last 3 years before the delivery days (she may need to be settled in UK). I'd totally recommend you to check all the details on this.

[vinny]

I think if mother is British, then her baby born in the UK will automatically be British otherwise than by descent. I don’t see that Section 1(1)(a) discriminates on a parent being British by descent or otherwise than by descent when child is born in the UK.

Unfortunately, Section 2(1)(a) does make the distinction when a child is born outside the UK.

[fkhoury]

Thank you so much for your kind help and responses.

Yes, My wife is British by descent meaning that she got the passport from her father while born abroad and not on UK soil.

I am aware from similar cases in the past 2 years that having the the baby born in the UK from a British passport holder (by descent) is the only way a child can get the British passport and get the chance to pursue a future in the UK.

Also from what I understood, Gov.UK (https://www.gov.uk/apply-citizenship-born-uk) mentions that in order to get a British citizenship automatically you need to born IN the UK and be both: 1. born after JAN 1983 AND born from a British parent (with no distinction wether from decent or not). So the child should be okay to get the citizenship if born IN the UK i guess unless i'm missing something.

*Regarding the second part, what visa should i apply for to accompany the my wife during delivery, is it recommended to apply for a standard visitor visa? or is there any other visitor visa for this case?

We got married outside of the UK and registered elsewhere, we did not register as a married couple in the UK yet and i'm not sure if it's the best time to apply for a marriage visitor visa nor a spouse visa.

Also as mentioned somewhere on the boards, mentioning that my wife being British might weaken the application and I do not want to risk parting from my wife during the baby's delivery as well as remain legal throughout the entire visit.

Thanks a lot in advance for your help.

[JB007]

Note that you may need to go private because the NHS requires proof of "habitual residence", I believe that is a minimum of three months.

Just living in the UK for 3 months won't cut it for free NHS healthcare as a British citizen. British citizens have to provide the required evidence to prove they are now residing in the UK AND evidence that they have all given up their life in the country they have been living in.

Visiting British citizens do not have an entitlement to free NHS Healthcare. Any treatment will be charged at 150% of the national NHS rate. The UK government also advises visiting British citizens to make sure they have appropiate health insurance to be able to reclaim the money they paid to the NHS.

OP, if your wife lives in a country that has a reciprocal helath agreement with the UK, you could check if you and your wife will be covered by visiting the UK and what cover that will give. If you live in an EEA country, you can check to see what the EHIC of that country will cover. However it is doubtful that any will cover the cost of a planned birth in the UK while visiting, but you could check.

Failing that,each of the four nations of the UK have their own NHS. You could check to see which of the 4 will be the cheapest?

[fkhoury]

Thank you so much this is perfectly clear.

So first part regarding citizenship and NHS is perfectly clear to me.

What about the visa to apply for myself to visit:

- What type of visa is best suited for this purpose?
- What duration and purpose of visit to state in the application?

Idea is to remain legal at all times and not risk rejection as this is a special time for us. Thanks a lot!

[JB007]

If you are living in the EU on or before the 31 December, your British citizen wife can use the NHS, or she can use the EHIC of the country she is living in to pay the NHS.

UK nationals who no longer live in the UK

Because the NHS is a residency-based system, under NHS rules UK nationals who move abroad on a permanent basis lose their entitlement to free NHS healthcare.



You should take out appropriate travel insurance when visiting the UK, as you would when visiting any other country. Any treatment you may have to pay for will be charged at 150% of the national NHS rate.

Some former UK residents do not have to pay for NHS treatment when visiting England. This includes UK war pensioners, UK government employees, and UK nationals living in the EU on or before 31 December 2020.
https://www.gov.uk/guidance/healthcare- ... -treatment

[JB007]

The reason we want to deliver in the UK is because we want the child to be British (like the mom) and to be able to pursue a future in the UK - school, university, work and a life maybe.

I read a post on here from @secret.simon that listed other ways a child born abroad to a British by decent parent can become a British citizen, but can't find that post now.

British citizens also have a residency requirement for university home fees and student loans.

[fkhoury]

Thank you! I agree. We have no issues with the financial aspect and are willing to cover all associated expenses. Having the citizenship is the start for a possibility to make a move to the UK in the future.

What i'd really appreciate is input on the visitor visa I need to apply for to join my wife during the delivery, would a standard visitor visa be sufficient? even if I plan to stay with her for a period of 30 - 40 days?

Thanks again!

[JB007]

Thank you! I agree. We have no issues with the financial aspect and are willing to cover all associated expenses. Having the citizenship is the start for a possibility to make a move to the UK in the future.

What i'd really appreciate is input on the visitor visa I need to apply for to join my wife during the delivery, would a standard visitor visa be sufficient? even if I plan to stay with her for a period of 30 - 40 days?

Thanks again!

Check if you need a UK visa
https://www.gov.uk/check-uk-visa

[fkhoury]

Thank you so much i missed the link in your previous post.

i do not intend to remain in the UK myself and will be leaving as I have a full time job abroad. Therefore a family visa might not be the best option.

It seems the standard visitor visa should work? But for 30-40 days this should be perfectly okay correct?

All other visa options seem to be far from the intended purpose unless i'm missing something.

Thanks for all your help.

[JB007]

If you are going to pay for the birth, if your British citizen wife gives birth in Northeren Ireland, check to see if your child is then born a British citizen and an Irish citizen.

[JB007]

i do not intend to remain in the UK myself and will be leaving as I have a full time job abroad. Therefore a family visa might not be the best option.

It seems the standard visitor visa should work? But for 30-40 days this should be perfectly okay correct?

All other visa options seem to be far from the intended purpose unless i'm missing something.

Thanks for all your help.

Wait for others who know about visas, to help. Do you need a visa to visit the UK?

[fkhoury]

Hi,

Yes I do need a visa. The member's advice regarding which type is appreciated here.

I want to ask for help in knowing if a standard visit visa is okay for a period of 30 - 40 days? or if i should apply to another visa. I am also not sure wether the birth situation and the marriage to a British citizen will weaken or strengthen the visa application. I don't want to risk a rejection.

Many thanks!

[fkhoury]

Hi,

Any help about the type of visa, the duration and the purpose would be highly appreciated.

Thanks!

[vinny]

If you are not planning to settle in the UK, then it would be a visitor visa.

Be warned that some hospitals may require more than 9 months notice for a delivery!

[AmazonianX]

Hi,

Any help about the type of visa, the duration and the purpose would be highly appreciated.

Thanks!

Standard visit visa will suffice. Issued for 6months validity so you will be legal for the 30-40days you have stated you intend to stay.

[secret.simon]

To the OP, I will say that your questions seem well-researched and precise. Kudos for that.

You are correct that for your child to acquire British citizenship automatically from your British citizen by descent wife, they would need to be born in the UK or a British overseas territory.

Have your wife and you looked at giving birth in a British Overseas Territory (excluding the British bases in Cyprus, which are expressly excluded)?

The vast majority of them are located in the Caribbean and crucially, to the best of my knowledge, have different visit visa requirements from the UK.

You are correct that the fact that you will be accompanying your pregnant British citizen wife to the UK will make getting a visit visa to the UK more challenging and that application will be subject to more scrutiny than a standard visit visa.

As most of the Overseas Territories are heavily dependent on tourism, they may have more relaxed visit visa requirements than the UK itself.

You may want to look at both the visit visa requirements and the healthcare options (which may not have all the bells and whistles that the UK NHS may have) in the Overseas Territories.

[fkhoury]

Thanks a lot for all your help. Everything is perfectly clear now.

Stay Awesome all!