Can my pregnant US wife having her child in the UK?

[abrock]

Hello all,

My wife is due around October 5th of this year and we are still working on getting her here by meeting necessary requirements.

I am currently not earning enough to bring her here as I am a student working a weekend job. I should start a placement year soon which will get me up to the 18,600 requirement, but I won't reach the 6 month requirement until early 2017.

I know that having a child outside of the UK will bump this requirement up significantly (22,400 if I remember correctly), which might be possibly unfeasible on a placement.

What we are hoping to do is bring her here on a 6 month visitor visa and pay the NHS surcharge so that we can have our child here and avoid the increase in the financial requirements. We are considering doing this around the 31st of July.

Is this a viable option for us? If not, I would love some outside input as to what choices we have.

Many thanks.

[Wanderer]

Hello all,

My wife is due around October 5th of this year and we are still working on getting her here by meeting necessary requirements.

I am currently not earning enough to bring her here as I am a student working a weekend job. I should start a placement year soon which will get me up to the 18,600 requirement, but I won't reach the 6 month requirement until early 2017.

I know that having a child outside of the UK will bump this requirement up significantly (22,400 if I remember correctly), which might be possibly unfeasible on a placement.

What we are hoping to do is bring her here on a 6 month visitor visa and pay the NHS surcharge so that we can have our child here and avoid the increase in the financial requirements. We are considering doing this around the 31st of July.

Is this a viable option for us? If not, I would love some outside input as to what choices we have.

Many thanks.

You won't be able to pay the surcharge - you'll have to pay 150% of the cost of the birth which would be about £2/3k if no complications. Additionally she'd be leaving herself open to being bounced at airport if obviously pregnant.

As the child would be British anyway if you are the father so you wouldn't have to meet the £22,400 irrespective of where the child is born. It's just £18,600.

[abrock]

So the only reason it would be £22,400 is if the child wasn't mine? I thought it didn't matter if the child was mine.

If it was born in the US, would we just have to get it dual citizenship?

[Casa]

Yes, only if the child wasn't yours and not considered to be a British national. How do you believe that US dual citizenship will reflect on the situation?
Rather than repeat the guidance on entering the UK as a visitor for medical reasons (the birth of your baby), you may find information posted in this thread helpful. However, bear in mind the situation is slightly different in that the couple aren't married and they don't qualify as unmarried partners. The medical visitor guidance however applies.
http://www.immigrationboards.com/immigr ... 10183.html

[Richard W]

As the child would be British anyway if you are the father ...

Two points, presumably irrelevant to the OP:

1. Your statement assumes that the OP is British other than by descent, e.g. born British in the UK.
2. The paternity of the child is irrelevant. For British nationality purposes, the father of a child born to a married woman is the woman's husband. This has been the case for almost ten years.

[abrock]

As the child would be British anyway if you are the father ...

Two points, presumably irrelevant to the OP:

1. Your statement assumes that the OP is British other than by descent, e.g. born British in the UK.
2. The paternity of the child is irrelevant. For British nationality purposes, the father of a child born to a married woman is the woman's husband. This has been the case for almost ten years.

I am British, born in England in 1985. My wife is American, born in Texas in 1984.

Are you saying that the earlier comment is invalid and that I will still have to pay £22,400?

We are looking at the route of bringing her here to have the baby after all, even with the cost.

[CR001]

I am British, born in England in 1985. My wife is American, born in Texas in 1984.

Are you saying that the earlier comment is invalid and that I will still have to pay £22,400?

We are looking at the route of bringing her here to have the baby after all, even with the cost.

Your child will be automatically British, regardless of where it is born. British by descent if born abroad and British otherwise than descent if born in the UK.

You will only need to meet the £18,600pa financial requirement for a spouse visa for your wife.

[Richard W]

Are you saying that the earlier comment is invalid and that I will still have to pay £22,400

While the visa fees are stiff, they are not that bad yet! No, the requirement will still be for you to have an annual income (or equivalent) of at least £18,600, and you will still only have to pay the best part of £2,000. (US citizen's visa costs come at the low end.) I said my points were presumably irrelevant to you.

[Casa]

To clarify. The spouse visa application fee is currently £1,195 + £600 NHS surcharge. These fees are applicable for applications submitted worldwide. i.e No lower cost visas for US citizens.

[secret.simon]

Have you considered Ireland?

If the child is born in Ireland, it is automatically an Irish citizen (by birth) as well as a British citizen and an American citizen (by descent), thus giving the child an advantage if there is a Brexit later on in the future.

Once the child is born in Ireland, you can walk across the border into the UK and your wife will be here under EU law (assuming of course that we remain a part of the EU).

The visa cost to Ireland will be negligible as it is a part of your right as an EU citizen to be accompanied by your spouse.

The visa cost from Ireland to the UK will also be negligible (£65) provided you meet the Surinder Singh route requirements.

And the best part? No income requirements.

The only cost factor that I can not advise on is the cost of your wife giving birth in Ireland.

[abrock]

Have you considered Ireland?

If the child is born in Ireland, it is automatically an Irish citizen (by birth) as well as a British citizen and an American citizen (by descent), thus giving the child an advantage if there is a Brexit later on in the future.

Once the child is born in Ireland, you can walk across the border into the UK and your wife will be here under EU law (assuming of course that we remain a part of the EU).

The visa cost to Ireland will be negligible as it is a part of your right as an EU citizen to be accompanied by your spouse.

The visa cost from Ireland to the UK will also be negligible (£65) provided you meet the Surinder Singh route requirements.

And the best part? No income requirements.

The only cost factor that I can not advise on is the cost of your wife giving birth in Ireland.

I'm currently at University and am about to start a placement year, but I have yet to get one yet.

If I were to find one in Ireland, wouldn't there be an issue with proving that I planned to move to Ireland permanently, and not just for a year? (Surinder Singh route requirement)

[noajthan]

I'm currently at University and am about to start a placement year, but I have yet to get one yet.

If I were to find one in Ireland, wouldn't there be an issue with proving that I planned to move to Ireland permanently, and not just for a year? (Surinder Singh route requirement)

Free movement is not about settlement, free movement is all about enabling and facilitating economic activity and strengthening the family unit.
Union citizens flit around Europe willy nilly, working all over the place for all sorts of reasons and durations.
Not all of them stay in their host memberstate for the rest of their lives.
And case law of Eind supports eventual returnees back into their home country.

Free movement is not a one-way street.
So what you would be doing would be in the finest spirit and purest traditions of free movement & EU law.

[abrock]

I'm currently at University and am about to start a placement year, but I have yet to get one yet.

If I were to find one in Ireland, wouldn't there be an issue with proving that I planned to move to Ireland permanently, and not just for a year? (Surinder Singh route requirement)

Free movement is not about settlement, free movement is all about enabling and facilitating economic activity and strengthening the family unit.
Union citizens flit around Europe willy nilly, working all over the place for all sorts of reasons and durations.
Not all of them stay in their host memberstate for the rest of their lives.
And case law of Eind supports eventual returnees back into their home country.

Free movement is not a one-way street.
So what you would be doing would be in the finest spirit and purest traditions of free movement & EU law.

My mistake then, I think I had heard that you had to prove you planned to live there indefinitely in order to quality for SS in the UK. Might have happened in the last few years, but I am probably misinformed.

I will take a look to see if I can find any placements in Ireland as an alternative, but at this point in time it seems likely I'll just pay the hospital fees instead.

I might have more questions soon, but thank you guys ever so much for your help already. You are all the absolute best, thank you. The baby is a girl, we're naming her Audrey. Thanks again!

[secret.simon]

I wonder if doing an Erasmus year at uni qualifies for the purposes of Surinder Singh. After all, by definition, the student will be returning to his home university at some time in the future. But that may be something the OP may wish to explore.

The baby is a girl, we're naming her Audrey.

I do not know if it is appropriate for a public forum, but I am sure that others on these forums would join me in wishing blessings for your family and the new addition. May she be to the manor born

[noajthan]

I wonder if doing an Erasmus year at uni qualifies for the purposes of Surinder Singh. After all, by definition, the student will be returning to his home university at some time in the future. But that may be something the OP may wish to explore.

The baby is a girl, we're naming her Audrey.

I do not know if it is appropriate for a public forum, but I am sure that others on these forums would join me in wishing blessings for your family and the new addition. May she be to the manor born

I read placement and understood work.

Obviously with the centre of life wrapper that UK places around the cleaner, purer EU law a year of study will not fly.
It has to be economic activity for SS within the harsher UK non-Euro friendly regime.

What a lovely and timeless name. I visualise a box full of bracelets & etc from a well-known US jeweller gifted by doting relatives (or, at the very least, bagels).

[secret.simon]

Obviously with the centre of life wrapper that UK places around the cleaner, purer EU law a year of study will not fly.
It has to be economic activity for SS within the harsher UK non-Euro friendly regime.

I had forgotten the requirement for the British person be a worker in another EU country.

I can understand the allusions to jewelry, but why bagels?

[noajthan]

I had forgotten the requirement for the British person be a worker in another EU country.

I can understand the allusions to jewelry, but why bagels?

Breakfast.

When I was in NY I had bagels for breakfast as seems customary in that neck of the woods.

[Richard W]

To clarify. The spouse visa application fee is currently £1,195 + £600 NHS surcharge. These fees are applicable for applications submitted worldwide. i.e No lower cost visas for US citizens.

You're forgetting some of the other costs:

TB test - N/A for US residents.
English language test - N/A for US citizens
Foreign exchange costs - N/A if paying in US$.
Travel costs for biometrics vary within countries.

For rare instances, e.g. immigrating ladies of leisure, there are other discounts:

IHS surcharge - no charge for EU citizens.

I could be wrong about the existence of this category - I'm not sure how starting a family affects the cost of 'CSI', as 'self-sufficiency' on the EEA route would be the alternative for ladies of leisure.

[Casa]

If you decide to take the visitor route, do ensure that your wife applies for a medical visitor visa, which is under the 'standard visitor' main category. You'll see in the link I posted earlier in this thread the problems (and risk of refusal of entry) if she arrives as a non-visa national or as a family visitor.
She will have to prove strong ties to the US to convince the Entry Clearance Officer that she won't overstay the term of the visa. This may be difficult with a husband studying in the UK.

Note in particular:
V 4.15 The applicant must have arranged their private medical treatment before they travel to the UK, and must provide a letter from their doctor or consultant detailing:
(a) the medical condition requiring consultation or treatment; and
(b) the estimated costs and likely duration of any treatment which must be of a finite duration; and
(c) where the consultation or treatment will take place.

[abrock]

I do not know if it is appropriate for a public forum, but I am sure that others on these forums would join me in wishing blessings for your family and the new addition. May she be to the manor born

What a lovely and timeless name. I visualise a box full of bracelets & etc from a well-known US jeweller gifted by doting relatives (or, at the very least, bagels).

Thank you both!

If you decide to take the visitor route, do ensure that your wife applies for a medical visitor visa, which is under the 'standard visitor' main category. You'll see in the link I posted earlier in this thread the problems (and risk of refusal of entry) if she arrives as a non-visa national or as a family visitor.
She will have to prove strong ties to the US to convince the Entry Clearance Officer that she won't overstay the term of the visa. This may be difficult with a husband studying in the UK.

Note in particular:
V 4.15 The applicant must have arranged their private medical treatment before they travel to the UK, and must provide a letter from their doctor or consultant detailing:
(a) the medical condition requiring consultation or treatment; and
(b) the estimated costs and likely duration of any treatment which must be of a finite duration; and
(c) where the consultation or treatment will take place.

Would documentation from the hospital showing we have scheduled the birth there be enough for this purpose?

How long can the visitor/medical visa be? I'll be starting a placement sometime before September and should get up to the 18,600 requirement then, fast forward 6 months and I believe my wife will have to return home before we can apply for the spouse visa if I'm correct.

Bringing her around July 31st with the baby due October 5th is roughly 2 to 2.5 months of her being here. It could take up February before I've been earning 18,600 for that long (if it takes until September for my placement year to start).

Can we apply for the 'up to 11 months' visa?

you’re coming to the UK for private medical treatment - up to 11 months

[Casa]

A medical visitor visa (as with any visitor visa) grants a stay of no more than 6 months (from the date of issue).
You will need a letter from the doctor or consultant confirming the reason for the 'treatment' (in this case a birth) and as also a shown in my previous post:
(b) the estimated costs and likely duration of any treatment which must be of a finite duration; and
(c) where the consultation or treatment will take place.

You'll see in the link I posted to the other member's thread that the OPs wife was expected to leave the UK 6 weeks after the birth. However, this limitation on her stay appears to be due to her entering without a medical visitor visa. There may be a point of argument with this restriction as like your wife she was also a non-visa national, but she also arrived without the mandatory paperwork as evidence from the consultant/doctor of pre-booked private treatment.

[abrock]

A medical visitor visa (as with any visitor visa) grants a stay of no more than 6 months (from the date of issue).
You will need a letter from the doctor or consultant confirming the reason for the 'treatment' (in this case a birth) and as also a shown in my previous post:
(b) the estimated costs and likely duration of any treatment which must be of a finite duration; and
(c) where the consultation or treatment will take place.

Thank you, Casa. Sorry if I'm being stupid.

If the birth is in October and she arrives around July 31st, will they permit her to stay 6 months, or just until the child is born?

[Casa]

I added to my post, but our posts crossed!

[abrock]

I added to my post, but our posts crossed!

Oops !

I am ever so sorry for the silly questions.

When we apply for the visa, does it allow you to specify how long you want to stay, or is it 6 months by default?

[Casa]

More than 6 months is unlikely to be granted as it will be obvious that your wife won't require medical treatment for a longer period if she is entering for the birth of your baby as stated in the application. Be wary of requesting a period in excess of the 6 months as it may flag up as an indication that she has no real reason to return to the US.
Note the point: and likely duration of any treatment which must be of a finite duration which the consultant or doctor is required to state in the submitted letter.

No questions = no forum