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Buachaill, Barrister
Category: UK Immigration Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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My wife has a 2 year UK 'C-Family Visit' Visa valid until

Customer Question

My wife has a 2 year UK 'C-Family Visit' Visa valid until 18/04/17 with maximum 180 days stay. Can she give birth in the UK privately (we are not eligible for NHS birth as we are not permanently ‘resident’ in the UK, even though I am British). Can immigration refuse her access if she is heavily pregnant when she arrives? We can show proof of private birthing package, funds to cover medical costs and costs of staying in the UK for 4-6 months and requirement to leave and return for our business abroad.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Buachaill replied 1 year ago.

1. There is no permissible limitation upon a Family visit visa on the basis that the person is pregnant or might give birth in the UK. The only permissible limitation arises if she should become or is likely to become a charge upon public funds. Accordingly, the only permissible limitation upon your wife entering the UK on a family visit visa would be if she could not support herself. This is not any the more likely now that she is pregnant. Certainly, if is helpful if she can show that she has a private birthing package and funds to cover medical costs and to live in the UK for four to six months. However, I can set your mind at ease that just because she is pregnant, this does not mean that the Immigration Authorities will stop her entering the country. Once she can show sufficient funds to support herself during any periods she is in the UK, then this is sufficient.

Customer: replied 1 year ago.
Thanks. Then, if the child is born in the UK to a British father and foreign mother on a Family Visitor Visa (as above) and there are health complications, is the child eligible for NHS care if the parents are not ordinarily settled in the UK and parents are not eligible themselves for NHS care? The private birthing package would include standard care, but not any emergency/extra care.
Expert:  Buachaill replied 1 year ago.

2. No, the child is not eligible for NHS care. Under Article 11 of Directive EC/884/2004, you have to be resident in a country in order to be able to access their public health system. Under Directive EC/2004/38, you have to have your own private health insurance and not be a burden on social assistance in order to exercise your Treaty rights as an EU national and live in a country where you are not resident. Accordingly, both you and your wife have to have your own private health insurance as you are not fiscally resident in the UK. Your future child has no better right than his parents to access the public health system under the NHS. Your future child will have to carry private health insurance. Otherwise, your option is to become fiscally resident for your child to access the NHS, I regret to say.

Expert:  Buachaill replied 1 year ago.

3. So the bot***** *****ne is that you should add private health insurance cover which includes any emergency or extra care. Otherwise if your child becomes ill, you may have to pay these monies out of your own pocket, as your child will not be able to access the NHS services.

Customer: replied 1 year ago.
That's very helpful, thanks.I still pay regular Voluntary National Insurance Contributions in the UK, even though I have not been fiscally resident for income tax in the UK for around 8 years. I also have dual Netherlands nationality, which presumably has some EEA treaties? Am I still not eligible for NHS care when I am there?I understand my wife and child will not have rights to NHS care, as you described above.
Expert:  Buachaill replied 1 year ago.

4. I regret to say that Voluntary National Insurance Contributions do not entitle you to access to the NHS in the UK. Here is an NHS booklet which sets that out file:///http:/%20Non%20Resident%20UK%20Citizens.pdf. You must be resident in some EEA country in order to gain access to either their health service or to the NHS. BEing a Netherlands citizen does not entitle you to access the NHS, nor does British nationality or the fact you may have resided and paid taxes in the UK in the past. TO access the NHS or any EU health system you must be resident there. As I stated this is enshrined in Article 11 of the Directive EC/2004/884. reciprocal rights are only granted to residents of other EU states, NOT to their nationals.

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