baby being born to a tier 1 immigrant

alexn · Post by **alexn** » Thu Dec 08, 2011 10:11 pm

Hi all,
I am in the UK under tier 1 (general) with my same-sex (female) partner, as my dependent. We are thinking of having a baby, and i am wondering if it may raise a problem. Any help will be appreciated and if anyone can direct me to any relevant information on the UKBA site - cause i can't find anything to answer my question.

Thanks
Alex

Post by **vinny** » Thu Dec 08, 2011 10:36 pm

alexn wrote:Hi all,
I am in the UK under tier 1 (general) with my same-gender (female) partner, as my dependent. We are thinking of having a baby, and i am wondering if it may raise a problem. Any help will be appreciated and if anyone can direct me to any relevant information on the UKBA site - cause i can't find anything to answer my question.

Thanks
Alex

See also Child dependent.

Post by **vinny** » Thu Dec 08, 2011 11:49 pm

alexn wrote:what will be his immigration status? since we are not a husband and wife and my partner will be pregnant through insemination. will it still considered as our dependent? i am asking this since i've heard that childbirth through surrogacy (for my gay men friends) is not an option until they receive their ILR..Please help!

Thanks,
Alex

Post by **John** » Fri Dec 09, 2011 7:35 am

alexn, have the two of you registered a Civil Partnership?

alexn · Post by **alexn** » Fri Dec 09, 2011 4:58 pm

John wrote:alexn, have the two of you registered a Civil Partnership?

No we have not, but we entered the UK as life partners (she is my dependant).

Post by **John** » Fri Dec 09, 2011 5:15 pm

life partners

Is that a proper legal ceremony, an overseas equivalent of the UK's Civil Partnership?

If in doubt, if there was a ceremony, in which country did that take place?

alexn · Post by **alexn** » Fri Dec 09, 2011 5:44 pm

John wrote:
life partners
Is that a proper legal ceremony, an overseas equivalent of the UK's Civil Partnership?

It's wasn't a legal ceremony. UKBA acknowledged us being a couple based on certain criteria (such as mutual residence, mutual bank account etc. for over 2 years) on top of that we added an affidavit (from the U.S) stating we are a couple from several years ago.

Post by **John** » Fri Dec 09, 2011 6:08 pm

OK, I understand, not legally Civil Partnered.

We are thinking of having a baby, and i am wondering if it may raise a problem.

I admit that I do not know how this legislation works, and you might know. A simple Google search has thrown up this website which mentions "if a baby was born to two female parents under the conditions of the Human Fertilisation and Embryology Act 2008".

Question .... is the baby going to be born under those conditions, whatever they are?

Also, might the two of you be prepared to enter into a Civil Partnership, so that you can both be named as parents of the child?

alexn · Post by **alexn** » Fri Dec 09, 2011 8:57 pm

I admit that I do not know how this legislation works, and you might know. A simple Google search has thrown up this website which mentions "if a baby was born to two female parents under the conditions of the Human Fertilisation and Embryology Act 2008".

Question .... is the baby going to be born under those conditions, whatever they are?

Also, might the two of you be prepared to enter into a Civil Partnership, so that you can both be named as parents of the child?

Entering civil partnership is not a problem and we plan to do it anyway, the gray area remains the matter of immigration status for gay female couples child (in light of surrogacy not being viable for gay men until you are a resident). It seems almost impossible to find any useful piece of info online, especially not on UKBA site

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