Giving birth as an immigrant in the UK and traveling out of the country with that child: All you need to know

If you are asking for the right to stay in the UK and have a kid or children, your child will most likely be listed as a dependent on your application. If your application is approved, they will normally be granted leave to continue working in the same capacity as you.

However, there are times when you are ineligible for immigration status on your own, but your child does or may have the right to remain. In these cases, you may be entitled to apply for permission to remain in the UK because you are their parent.

This page discusses applying to stay in the UK as the parent of a kid who may have the right to remain. Regarding these applications, your child must be under 18 at the date of the application and living in the UK.

Benefits of giving birth in the UK as a foreigner\

What benefits may I claim when pregnant?

1. Free medicines and NHS dental care

  • In the UK, you can receive free NHS dental care during pregnancy and for a year after the baby is born.
  • In England, you are eligible for free medicines during your pregnancy and for one year after the baby is born.
  • Prescriptions are always free in Scotland, Wales, and Northern Ireland (whether or not you are pregnant).

Eligibility

  • All women who are pregnant or have given birth during the past year.

How to claim.

  • Fill out the Maternity Exemption Form (FW8), which is available from your doctor or midwife.

What benefits may I get if I work and have a baby?

  • Paid time off for prenatal care
  • Regardless of how long you’ve been at your employment, you have the right to paid time off to attend antenatal checkups.
  • This time off is in addition to your annual leave.

Antenatal care involves:

  • Medical and midwife appointments.
  • Doctor-recommended appointments, such as relaxation or parenting classes.
  • Your time off should include travel time to and from each appointment.
  • The baby’s father or your partner (including same-sex partners) can take unpaid time off work to accompany you to two of your prenatal checkups. Each appointment can last no more than six hours and 30 minutes.

Eligibility

  • Pregnant ladies were employed.

Statutory Maternity Leave and Pay

When you have a baby, you are entitled to a year of maternity leave and money from your employer for up to 39 weeks while on leave, if qualified.

Eligibility

  • Pregnant ladies were employed.

To receive statutory maternity pay, you must have:

  • Earn at least £123 per week, £533 per month, or £6,396 per year, and have been with your job for at least 26 weeks.

Maternity Allowance

If you are unable to claim Statutory Maternity Pay, the government will make a fortnightly or monthly payment.

Eligibility

Pregnant women and new mothers may not be eligible for statutory maternity wage if they have not worked for their company for a sufficient period, are self-employed, or have an average wage of less than £123 per week, £533 per month, or £6,396 annually.

How much is Maternity Allowance?

The amount you receive depends on how much you earn.

Depending on your wages in the 2024/25 tax year, you could receive either:

  • For up to 39 weeks, you can receive £184.03 or 90% of your average weekly wages, whichever is lower. For up to 14 weeks, you can receive £27 each week.

Statutory Paternity Leave and Pay

One or two weeks of paid time off work to help care for your new baby.

Eligibility

You must be:

  • The following parties may be involved: the child’s biological father or adopter, the mother’s partner, or the intended parent for surrogacy.

Shared Parental Leave and Payment

If you are qualified, you can take up to 50 weeks of parental leave and share 37 weeks’ income with your partner.

Eligibility

  • Employees who are qualified for Statutory Maternity Pay or Statutory Adoption Pay can receive Statutory Shared Parental Pay.
  • Statutory Paternity Pay and your partner is eligible for Statutory Maternity Pay, Maternity Allowance, or Statutory Adoption Pay.

Before either parent can obtain shared parental leave or pay, the mother (or the person receiving adoption leave) must:

To conclude maternity or adoption leave, employees must either return to work or provide their employer with ‘binding notice’ of their intended termination date (which cannot be changed).

How much is Statutory Shared Parental Pay?

In the 2024/25 tax year, you will receive £184.03 per week or 90% of your average weekly earnings, whichever is lower.

Working Tax Credit

Working Tax Credit is a government subsidy that helps supplement your earnings if you work but have a low income. It is being replaced by Universal Credit.

If you are filing a new claim, you must now apply for Universal Credit rather than Working Tax Credit.

If you are already receiving a Working Tax Credit and are having a baby, this may qualify as a change in circumstances. You will need to notify HMRC of this change, and you may be required to submit a new Universal Credit claim.

What is the Cost of giving birth in UK as a visitor?

The NHS is accessible to all UK residents. As a result, most people go through their whole pregnancy, labor, and delivery without receiving a charge. You will also get access to free medicines for dental treatment and prenatal vitamins. You may also choose to have your baby at a private hospital. You will pay for the privilege, but you will have access to one-on-one attention in more elegant surroundings, which may make you feel more at ease. Here are some of the prices you might expect to see:

Baby delivery medical procedures in the UK Average cost with private insurance (GBP) Average cost with NHS (GBP)

  • The Obstetrician Fee: £3,500 – £8,000 (total)
  • Prenatal ultrasound Fee: £1,000
  • Birth and delivery in the hospital: £1,600 – £5,900
  • Cesarean section in the hospital: £7,300

Pregnancy during visa application UK

If you are currently a guest in the UK and become pregnant while here, your immigration possibilities will be determined by your partner’s immigration status. If you have a partner who lives in the UK and is a British or Irish citizen (i.e., you are pregnant with a British citizen), or if they have indefinite leave to remain or another form of permanent residence, you may apply for any of the following visa types under the family migration scheme:

  • Fiancé visa
  • Spouse visa

It is crucial to note that in most situations, switching to one of these visas requires you to be outside of the UK. However, if you are unable to leave the UK, you may be able to request that the Home Office exercise discretion, for example, if you are medically unfit to fly due to a pregnancy that has passed 6 months or because you have specific medical conditions.

It is critical to get the assistance of an immigration solicitor in this instance to ensure you receive the correct information depending on your specific circumstances.

Fiancé visa

The UK fiancé visa is intended for persons who intend to marry or join into a civil partnership within 6 months with a British or Irish citizen, or a person having indefinite leave to reside in the UK. Once married or in a civil partnership, fiancé visa holders can apply to switch to a spouse visa from within the UK. As previously stated, switching from a visitor visa to a fiancé visa within the UK is typically not possible unless… This applies even if you are pregnant, unless you can demonstrate that leaving the UK is impossible due to medical reasons.

Spouse visa

The UK spouse visa allows foreign nationals to enter and stay in the UK with a partner who is a British or Irish citizen or has the indefinite right to remain. If you are currently on a fiancé visa and have married or entered into a civil partnership with your UK-based partner, you can apply for a spouse visa from within the UK.

Alternatively, if you are in the UK and do not have a fiancé visa, you will typically need to leave the country to file your spousal visa application.

  • To apply for a spouse visa, you must demonstrate that you are married, in a civil partnership, or have lived with your partner for at least 2 years
  • You and your partner’s combined salary is at least £29,000.
  • Meet the English language requirements.

If your spouse’s visa application is approved, you will be granted an initial stay of up to 33 months. This can then be extended by 30 months. After 5 years of continuous residence in the UK, you will be eligible to apply for indefinite leave to remain.

Pregnant with limited leave to remain visa

If you are currently in the UK on a valid (i.e., non-expired) limited leave to remain visa and become pregnant (for example, as a Tier 4 student visa holder), you do not need to notify the Home Office and can continue your stay.

If your visa is about to expire, you should be aware that you will not be able to stay just because your kid was born in the UK. Even if your kid is born in the UK, they will not be automatically granted British citizenship unless their other parent is a British citizen or has indefinite leave to remain (ILR).

If you decide to leave the UK and then return on another limited leave-to-remain visa (such as a student or work visa), you must apply for a child-dependent visa if you want to bring your kid with you.

Documentation required to stay in the UK while pregnant

As previously stated, if you are pregnant, you may be able to extend the validity of your visiting visa and switch to another visa while in the UK. It is crucial to note that the specific documentation you will need to give to the home Office will be determined by your circumstances. Documents that may be used to indicate that you are truly unable to leave the UK to apply for a family visa (and hence need to switch within the UK) may include:

  • A note from your doctor explaining that you are not fit to fly for medical reasons.
  • A marriage certificate
  • A civil partnership certificate
  • Proof you’ve been living together for two years or longer (e.g., bills, rental agreement)
  • If applying for a fiancé visa, provide proof that you intend to marry or join a civil partnership within the next six months.

FAQS

Do you have to pay to give birth in UK?

The system provides free maternity care—including antenatal, birth, and postnatal care—to women who fit into the following categories:

Ordinarily resident in the UK means living legitimately, freely, and to settle. This also applies to EEA nationals with insurance from another European state.

Those excluded from charges include refugees, asylum seekers, legal residents for at least 12 months, employees of a UK organization, and self-employed individuals.

What happens if an immigrant gives birth in the UK?

Being born in the United Kingdom does not immediately qualify a baby for British citizenship. To be British, the newborn must have a parent who holds British citizenship or has settled in the UK. If your kid is not a British citizen, they can stay in the country without submitting an immigration application.

Conclusion

To summarize, the experience of giving birth in the UK for foreigners is multidimensional, combining administrative complexities with cultural variety. International parents should conduct extensive research, comprehend the legal landscape, and embrace the cultural nuances of the UK healthcare system.

From prenatal care to after treatments, navigating the process necessitates a proactive and knowledgeable approach. Birth in the United Kingdom not only influences the start of a new life but also adds to the larger narrative of international birth.

As you embark on your one-of-a-kind journey, keep in mind that giving birth in another nation has both advantages and disadvantages. Seek help from your community, consult with healthcare professionals, and learn about the legal and cultural aspects of birthing in the UK.

 

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