Thai girlfriend pregnant on a UK tourist/fiance visa, can she have her baby in UK?

[sotonfarang]

My friend`s girlfriend is travelling to the UK in June on a 6 month visa, flights all booked etc.

She has just found out that she is pregnant, bad timing but great news. If the baby is due in November but she is allowed to stay until December does this give her any right to have their baby in the UK?

I presume not and that she will need to return to Thailand before the no-fly threshold date, up to 26weeks gone i believe.

If they opted to pay for all her treatment and delivery privately, would it make a difference.

Just asking incase anyone has experienced a similar scenario.

Thanks

[daveAustin]

She could probably have the baby in an NHS hospital -- registered through a local GP surgery -- but would still need to pay 3 grandish. I'd opt for Thailand; UK citizenship can still be obtained through father (easier if they're married first) and no hassles with Thai citizenship.

[sotonfarang]

oh right thank you. 3k is more than here.

shall let them know thank you

[BritManToo]

Have baby in England.

Then the kid has full rights to pass on his British citizenship.

Which he may not have if he is born in Thailand.

[7by7]

Your topic title "Thai girlfriend pregnant on a UK tourist/fiance visa, can she have her baby in UK?" is confusing.

If she is travelling to the UK with a tourist visa then she is not, as said above, entitled to most NHS treatment; including giving birth in an NHS hospital. Any treatment she receives, apart from initial emergency care in an A&E department and certain other exemptions, will be charged for; see New rules to improve overseas visitors’ contributions to NHS care)

But a fiance visa, although only valid for 6 months, is a type of settlement visa. It allows the holder to travel to the UK, marry their fiance and then apply for further leave to remain after the marriage.

As it's a form of settlement visa she would be classed as being in the UK for a 'settled purpose' and so considered as 'ordinarily resident' and so entitled to NHS treatment. See chapter 3 of Guidance on implementing the overseas visitor hospital charging regulations 2015

So which does she have; tourist visa or fiance visa?

[Tony M]

I'm not trying to be alarmist, but your friend , and his girlfriend, should think about what happens if either the airline, or the immigration officer in UK, see, or suspect, that she is pregnant. Although it may well be true that she did not know this when the visa application was submitted, it is a change of circumstances since the visa was issued, and this could "invalidate" the visa. She could either be refused permission to fly, or refused entry to the UK.

She will be 4 or 5 months pregnant when she flies ? She might "show", but then again she might not.

[terryw]

If your friend checks the UK immigration regulations he will find that being born in the UK definitely does not give the baby any automatic right to apply for UK citizenship, the parents would have to be married. Also, if his girlfriend has the baby in hospital then whether or not she has to pay depends on the local NHS Trust.

[misterphil]

Is the babies father British? If the baby is born in the UK it will have British citizenship. However if the baby is born in Thailand and the father is British it will have dual citizenship. A lot more convenient if your friend spends most of his time in Thailand with the Thai mother.

[Maxebaby]

Your medical insurance would be void because she is already pregnant so you would have to pay all the medical bills plus you could be refused entry into the uk if immigration found out & this would give you make it hard to get a visa for your partner in the future however on a plus side if the baby is borne in Thailand & she registers you on the birth certificate you then have 12 months to go to the British embassy in Bangkok& register our child as a British citizen look on embassy website for docs required dead easy did it for my son & I wasn't married at the time made travel to & from uk much easier for my partner & your child has dual nationality means no need for a visa in aether country

[mesterm]

"Asking for a friend."

Edited April 16, 2016 by mesterm

[Kabula]

Very complicated reports!

Do governments demand a DNA test prior to considering citizenship?

I would recommend consulting with a seasoned, competent,licensed, Lawyer, specializing in Immigration Law in both countries in order to secure current law and and pocedures.

Good Luck!

My vasectomy was the best investment I ever made. However, not for everyone.

[kiwikeith]

If your friend checks the UK immigration regulations he will find that being born in the UK definitely does not give the baby any automatic right to apply for UK citizenship, the parents would have to be married. Also, if his girlfriend has the baby in hospital then whether or not she has to pay depends on the local NHS Trust.

Maybe you could argue to pay only half the bill as daddy bear is UK citizen.

Just joking, maybe best bet is to get married as soon as you get to uk and probably as posted above recieve free nhs care on fiance visa.

[jaycor]

Sorry but don't even think about even having her make the trip. There is always a chance of complications or premature delivery of the baby. As the pregnancy is a "pre existing condition" there will be no insurance coverage, it will be out of your pocket.

I knew a Canadian couple that went to the US for a holiday. Got the all clear from the doctor and two days before coming back, she went into labour at 7 months. Medical bills came in at $1.3 million. Ended up bankrupting them.

Edited April 16, 2016 by jaycor

[Paul Laycock]

My son was born in the UK, don't see the problem, yes I am married to a Thai, my wife was registered with a doctor in England.

We were married in Thailand and never had to prove anything to the NHS, I hardly think they would turn you away in your hour of need.

[BritManToo]

If your friend checks the UK immigration regulations he will find that being born in the UK definitely does not give the baby any automatic right to apply for UK citizenship, the parents would have to be married. Also, if his girlfriend has the baby in hospital then whether or not she has to pay depends on the local NHS Trust.

Complete BS.

[MaprangHolmes]

Another take on it, yes you would have to pay for the birth which would about 2k more than in Thailand but as the child would be British then surely if the child had a problem that would be done under the NHS.

The one main advantage of giving birth in the UK is that your child would be able to pass on his British citizenship if at a later date he had a child in say Thailand. If the child is born in Thailand this is not possible under current legislation.

[tomwct]

Maybe Baby's Father is Thai?

[brewsterbudgen]

Another take on it, yes you would have to pay for the birth which would about 2k more than in Thailand but as the child would be British then surely if the child had a problem that would be done under the NHS.

The one main advantage of giving birth in the UK is that your child would be able to pass on his British citizenship if at a later date he had a child in say Thailand. If the child is born in Thailand this is not possible under current legislation.

Even if the baby is born in Thailand, he/she can pass on their British citizenship to their children if they are born in the UK.

[Autonuaq]

Have baby in England.

Then the kid has full rights to pass on his British citizenship.

Which he may not have if he is born in Thailand.

child is entitled to have dual citizenship if it is born in Thailand.

if born outside thailand there can be problem to obtain for thai citizenship and keep the other citizenship.

my children were born in Thailand and have dual citizenship.

Assign land to them before 18 years old to make the claim stronger why dual citizenship need to be granted..

.

[Paul Laycock]

As stated earlier my son was born in the UK. He has a British and Thai passport. If you now have to pay in the UK for NHS treatment then this is new to me. Everything was free and without problems.

[brewsterbudgen]

As stated earlier my son was born in the UK. He has a British and Thai passport. If you now have to pay in the UK for NHS treatment then this is new to me. Everything was free and without problems.

What was his mother's visa status at the time of the birth?

[BritManToo]

Have baby in England.

Then the kid has full rights to pass on his British citizenship.

Which he may not have if he is born in Thailand.

child is entitled to have dual citizenship if it is born in Thailand.

if born outside thailand there can be problem to obtain for thai citizenship and keep the other citizenship.

More complete BS.

If kid has a Thai parent, kid has Thai citizenship, no matter where child is born in the world.

Britain is one of a very few countries in the world that restricts the right for a child born outside the UK to pass on citizenship.

Edited April 16, 2016 by BritManToo

[Paul Laycock]

Brewsterbudgen, She had ILR until all the necessary hoops had been jumped through, then British citizenship, passport etc.

She now travels country to country without problems.

[F4UCorsair]

Well.....the OP has a variety of opinions, some may be accurate, some not, and there is quite a bit of conflict between posters.

With the lack of concurrence, I'd suggest it would be wise to consult a British lawyer for authorative information.

[Paul Laycock]

Lawyer, why make life so difficult for yourself. It's an easy process.

[sandyf]

If your friend checks the UK immigration regulations he will find that being born in the UK definitely does not give the baby any automatic right to apply for UK citizenship, the parents would have to be married. Also, if his girlfriend has the baby in hospital then whether or not she has to pay depends on the local NHS Trust.

Maybe you could argue to pay only half the bill as daddy bear is UK citizen.

Just joking, maybe best bet is to get married as soon as you get to uk and probably as posted above recieve free nhs care on fiance visa.

About 10 years ago a friend of mine took his girlfriend back to the UK on fiance visa. They got married and had the baby shortly afterwards. There was no problem having the baby on the NHS but he was presented with a bill following the birth, around £1500 if I remember right. He argued the toss but lost, I think it was on the basis she was pregnant before she went to the UK.

[sotonfarang]

If your friend checks the UK immigration regulations he will find that being born in the UK definitely does not give the baby any automatic right to apply for UK citizenship, the parents would have to be married. Also, if his girlfriend has the baby in hospital then whether or not she has to pay depends on the local NHS Trust.

Maybe you could argue to pay only half the bill as daddy bear is UK citizen.

Just joking, maybe best bet is to get married as soon as you get to uk and probably as posted above recieve free nhs care on fiance visa.

About 10 years ago a friend of mine took his girlfriend back to the UK on fiance visa. They got married and had the baby shortly afterwards. There was no problem having the baby on the NHS but he was presented with a bill following the birth, around £1500 if I remember right. He argued the toss but lost, I think it was on the basis she was pregnant before she went to the UK.

"Asking for a friend."

Okay where do I start?

Cant beat a good conflict of opinions on thaivisa forum eh?

I was looking for someone who had an experience of this really and that one was of a friend presented with a bill. So many good points on this issue, as always.

YES this is for a friend, otherwise don`t you think I`d know what visa my GF was travelling on? Duh! I have been married 9 years and have 2 kids, 1 born in England who has dual passports and 1 born here in Thailand 5 months ago who will have dual passports too, not a problem on that side of things, easier if parents are married maybe.

I told my friend that I`d ask on here as somebody may know for sure, but, as you say, Its best to contact a professional as I dont want to pass him the wrong advice

Thank you everyone, I will still tell him what you all said, much appreciated.

Hope that this post is helpful to others

[Kabula]

Lawyer, why make life so difficult for yourself. It's an easy process.

Nothing is easy anymore. The printed rule of law changes like the weather and many times new Immigration law releases don't make the news and only competent, seasoned Immigration lawyers have access to and review the updates. When your dealing with two countries, it can be a mind twister. Especially, with the massive number of illegals pouring into England and parts of Europe. Expect more and more Immigration legal challenges and law revisions.

[StaffsShot]

My friends wife is currently here on initial marriage visa. In August her further leave to remain visa is due, he keeps asking me if he needs to pay the new nhs fees of £200 per year with her application, or if she's classed as ordinarily resident so is exempt ?

I think the op needs to tell his friend to be careful with ulna finding out as clearly circumstances have changed since their application was made

[mickyboy]

i look at it this way she a girlfriend and he not married she here for 6 months how do you know your still be in love after that time they are dififrent culture and can be very hard work and although over there great and have a laugh but once here its going to be cold he out at work all day she have no friends to start with and then a baby why not go there marry her. So be keeping her and the baby and himself thats going to be change life from single one day to family 6 months later and also its march now and november is 8 to 9 months away wow she planned that well thinking the uk better then thailand he can keep me and my family sarcasm lowest form witt i want DNA test as once married £££££££££££££££££ thats the cynical side of it and if you own your own house she moves in with baby you fall out then she take a large chunk off it just a warning.As my friend had this experience marrying a bar girl i said would you marry a prostitute in the uk mmmmmmmmm no and then things went wrong she liked another guys bigger wallet she moved out to another guy with bigger house as we know they can be money driven if from poor family with little education not all

now the good side wishing him all the best luck hope she intelligent enough and speak good enough english to cope here and things work out ok there lot form filling on the way its now 10 years to get uk citizenship not 5oh just to say im also married to a thai lady whom has uk passport driving licence and the manager where she works she has uni degree been here 10 years and even she says some times i just would like to go home as there nothing like home and her family back there and i agree home is where the heart is its another world here even she says people are rude and some quite racist not all this last bit so you can see from first hand experience