Unmarried girlfriend and want to born baby in UK

[itsallmedia]

I've been with my GF for almost 3 years now and she is 12 weeks pregnant. 

 

I am British and we'd like for our baby to be born into the UK - however I'm not sure what visa type to use.

 

She's been to the UK often and has had 3x 6 month tourist visas already and has never overstayed. 

 

I was thinking of either getting a settlement visa for her as an unmarried partner, or a 2 year standard visa. I think she would easily get the 2 year standard visa, but I'm not sure on the unmarried partner/settlement visa and not sure which option would be best to use. My concern is the 6 months wouldn't be enough for her to get everything done comfortably and she may be refused entry if they see she is pregnant?

Has anyone done this before and have any suggestions on which visa type would be better or the chances of either being approved and her being let into the UK again whilst pregnant? I do not mind to pay the NHS costs or any of the fees.

[theoldgit]

You're probably aware that if your girlfriend has her baby in the UK whilst on a Visit Visa, she would have to pay any NHS costs incurred as she wouldn't be ordinarily resident in the UK, this could cost in the region of two to three thousand pounds, no doubt you have taken this into consideration.

 

Even with her previous Immigration Record she could be refused a visa if it was believed that she was travelling to the UK for the sole purpose of giving birth, and you're right to be concerned that she could be refused entry into the UK again if it was believed she was intending to give birth in the UK, she might not even be allowed to board the aircraft.

 

If you have been living together for more that two years here in Thailand, or indeed anywhere, and can prove so, I note that you're posting from Thailand, then providing you meet the income and other requirements then she could apply for a Settlement Visa and your unmarried partner, the visa application fee is currently USD2254 and she would need to pay an NHS surcharge on top of the application fee, applications for Settlement Visas are currently taking three months or more.

 

Why are you keen for your child to be born in the UK? the child would be, depending on your circumstances, be entitled to a British Passport if he or she were born in Thailand, and thousands of children are successfully delivered in Thai hospitals every day.   

[itsallmedia]

My only concern is, while that we've been together almost 3 years, I've only had a condo in Thailand for 1 year and even then she had no mail delivered to our condo. The only mail was my True visions bill and that was my name only. The rest of our time we have travelled to over 10 countries together, and I lived in Thailand in hotels and Airbnbs and the receipts for both do not show her name despite her being there. Besides pictures and passport stamps, I'm struggling to find evidence to prove that we have lived together for a long period and this is my concern with the settlement visa.

 

I would prefer to have the baby born in the UK so it can say it is born in the UK rather than Thailand as I believe it would be a benefit for the child in the future and growing up. Also their kids will be able to get citizenship as well in the future.

 

[Fish Head Soup]

Budget £5,000 for the childbirth, should come in at a little less, could come in at more, many factors dictate the cost. Friend of mine last year paid £4,300 in total.

[itsallmedia]

21 minutes ago, Fish Head Soup said:

Budget £5,000 for the childbirth, should come in at a little less, could come in at more, many factors dictate the cost. Friend of mine last year paid £4,300 in total.

Did your friend do it on a tourist visa and then fly back shortly after giving birth?

[Fish Head Soup]

10 minutes ago, itsallmedia said:

Did your friend do it on a tourist visa and then fly back shortly after giving birth?

Yes she gave birth whist on a visit visa and flew back (to South America) 4 weeks later.

[itsallmedia]

1 hour ago, Fish Head Soup said:

Yes she gave birth whist on a visit visa and flew back (to South America) 4 weeks later.

Do you know how soon they went to the UK after she was pregnant and do you know if them staying so long impacted further visas for her?

[Fish Head Soup]

22 minutes ago, itsallmedia said:

Do you know how soon they went to the UK after she was pregnant and do you know if them staying so long impacted further visas for her?

I could only guess but I believe she had been in the UK for circa 3 months when she gave birth so in total 4 months in the UK.

 

The couple paid the NHS bill and left in good time with regards to visa expiry so I wouldn't imagine it will have any impact on future applications. A non payment of the NHS bill would have resulted in automatic refusals in the future though.

[Jip99]

2 hours ago, Fish Head Soup said:

Yes she gave birth whist on a visit visa and flew back (to South America) 4 weeks later.

 

Also happened to a friend of mine 5 years ago. Maybe they were more lenient then.

[theoldgit]

9 hours ago, itsallmedia said:

I would prefer to have the baby born in the UK so it can say it is born in the UK rather than Thailand as I believe it would be a benefit for the child in the future and growing up. Also their kids will be able to get citizenship as well in the future.

As I pointed out in my previous post the child would be given British Citizenship if they were born in the UK or Thailand, providing you are a British Citizen yourself.

[FritsSikkink]

9 hours ago, itsallmedia said:

My only concern is, while that we've been together almost 3 years, I've only had a condo in Thailand for 1 year and even then she had no mail delivered to our condo. The only mail was my True visions bill and that was my name only. The rest of our time we have travelled to over 10 countries together, and I lived in Thailand in hotels and Airbnbs and the receipts for both do not show her name despite her being there. Besides pictures and passport stamps, I'm struggling to find evidence to prove that we have lived together for a long period and this is my concern with the settlement visa.

 

I would prefer to have the baby born in the UK so it can say it is born in the UK rather than Thailand as I believe it would be a benefit for the child in the future and growing up. Also their kids will be able to get citizenship as well in the future.

 

"it is born in the UK rather than Thailand as I believe it would be a benefit for the child in the future and growing up."

Why would "the being born there, not educated" be any benefit in the future? 

[itsallmedia]

4 hours ago, theoldgit said:

As I pointed out in my previous post the child would be given British Citizenship if they were born in the UK or Thailand, providing you are a British Citizen yourself.

If they are not born there and are British by decedent then their children will not automatically be British. 

 

Quote

You might be a British citizen

In most cases you’ll be a British citizen ‘by descent’. You don’t need to register or naturalise. You can live in the UK and get a British passport.

You’re a citizen ‘by descent’ if all the following apply:

• you were born outside of the UK
• one or both of your parents were British citizens at the time of your birth

Your children won’t automatically become British citizens.

 

[theoldgit]

48 minutes ago, itsallmedia said:

If they are not born there and are British by decedent then their children will not automatically be British. 

As I said to you a few days ago:

  

Why are you keen for your child to be born in the UK? the child would be, depending on your circumstances, be entitled to a British Passport if he or she were born in Thailand

 

It was clearly up to you to look up what those circumstances might be.

[Swimman]

Circa £5000 for a normal delivery in a UK NHS hospital - £0000's more for a Caesarian section and many thousands more should the baby need special/intensive care. 

[flyingdoc]

Many Thai hospitals are excellent.  Why run the risk of so many imponderables?

[itsallmedia]

After discussing it with my GF - we've decided to have the baby in Thailand instead.

 

The tourist visa is too risky, and I don't want her to get refused as we will have to make some what frequent trips to the UK as I have a business and family there.

 

We don't have enough proof of living together for the unmarried settlement visa as I live mainly in hotels or AirBNBs and her name is never on the receipts or folios. I don't want to risk getting this denied or having to appeal either, and even then there's still a chance they may refuse her at the border. 

 

Thanks for all the input and information everyone - really appreciate it!

[Fish Head Soup]

Just be aware that if the child is born in Thailand then they will be British by descent, and as such won't automatically hand British citizenship on to any of their own children who may be born outside of the UK. If the child then lived in Britain for 3 years it could be registered as British other than by descent, but it can’t enter the UK without a passport.

 

If your child is born in the UK then they can automatically hand on British citizenship to their children no matter the place of  birth of those children.

 

It depends on you're future plans.

[theoldgit]

Just be aware that if the child is born in Thailand then they will be British by descent, and as such won't automatically hand British citizenship on to any of their own children who may be born outside of the UK. If the child then lived in Britain for 3 years it could be registered as British other than by descent, but it can’t enter the UK without a passport.
If your child is born in the UK then they can automatically hand on British citizenship to their children no matter the place of  birth of those children.
It depends on you're future plans.

You're overthinking this, your scenario could possibly kick in in forty years time depending how the child's life pans out and assuming the citizenship rules don't change again.



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[Fish Head Soup]

Being born in the UK would give his child British citizenship otherwise than by descent meaning his grandchildren would be automatically British regardless of where they were born. Being born in Thailand would give his child British citizenship by descent meaning they would usually be unable to pass on their citizenship automatically if his grandchildren were born outside the UK.

 

As with many children with parents of different nationalities there is possibly a chance of the child living most of their childhood outside of the UK then it should be a serious consideration and people in a similar situation should at least be aware of the difference of a child being born in the UK or in Thailand and the problems problems/frustration it may cause further down life's road.

 

You are free to call it 'overthinking', I prefer to look it as prudent planning.

[itsallmedia]

10 hours ago, Fish Head Soup said:

Being born in the UK would give his child British citizenship otherwise than by descent meaning his grandchildren would be automatically British regardless of where they were born. Being born in Thailand would give his child British citizenship by descent meaning they would usually be unable to pass on their citizenship automatically if his grandchildren were born outside the UK.

 

As with many children with parents of different nationalities there is possibly a chance of the child living most of their childhood outside of the UK then it should be a serious consideration and people in a similar situation should at least be aware of the difference of a child being born in the UK or in Thailand and the problems problems/frustration it may cause further down life's road.

 

You are free to call it 'overthinking', I prefer to look it as prudent planning.

This was my main concern initially, and after I found out they could have their children born in the UK and still pass citizenship that way I was relieved. 

 

My other concern was them being able to say they were born in the UK over Thailand. Not everyone agrees with that concept or thinks that will help, but I grew up in the UK instead of where my parents did and it was definitely of a great help to me - but it is not who defines me and I think the child will eventually learn the same.

 

If it were easier, I would certainly opt for the UK over Thailand. I just don't see a way to provide strong evidence for the unmarried partner visa and do not want to risk the tourism visa or have my GF rush to leave the UK because of the 6 month limit. I don't want to risk a refusal and have it impact her future applications to visit the UK.

[Fish Head Soup]

2 hours ago, itsallmedia said:

This was my main concern initially, and after I found out they could have their children born in the UK and still pass citizenship that way I was relieved. 

 

My other concern was them being able to say they were born in the UK over Thailand. Not everyone agrees with that concept or thinks that will help, but I grew up in the UK instead of where my parents did and it was definitely of a great help to me - but it is not who defines me and I think the child will eventually learn the same.

 

If it were easier, I would certainly opt for the UK over Thailand. I just don't see a way to provide strong evidence for the unmarried partner visa and do not want to risk the tourism visa or have my GF rush to leave the UK because of the 6 month limit. I don't want to risk a refusal and have it impact her future applications to visit the UK.

Yes getting a visa could be tricky but certainly not impossible.

 

If you do manage a visa and your girlfriend was to give birth in the UK, I would suggest her to go and give birth in Northern Ireland (Belfast for example). A child born in the Island of Ireland (including Northern Ireland) with at lease one British Citizen parent is entitled to Irish Citizenship also. Having Irish Citizenship will entitle the child to have freedom of movement in the EU - It may be a very useful thing to have after Brexit.