This information is about immigration matters for babies born in the UK to a Tier 4 student and their Tier 4 dependant partner.
If you are a Tier 4 student and you are pregnant, it is very important that you talk to an immigration adviser as soon as possible. If you find you need to interrupt your studies due to pregnancy, you and any dependants will normally need to leave the UK, then apply for new Tier 4 entry clearance in order to return to the UK and resume studies.
Birth in the UK does not automatically make a baby a British citizen. The baby needs to have a parent with British citizenship or settled status in the UK in order to be born British.
If your baby is born in the UK but is not a British citizen, it is quite lawful for him or her to remain in the UK without making an immigration application. However, the baby will need immigration permission to re-enter the UK after any travel abroad, and for babies born to Tier 4 students, there are limited instances when the baby can apply for immigration permission as your dependant.
A baby can apply for immigration permission as your dependant from either inside the UK or from your country of residence (where it is called 'entry clearance') if:
- you are government-sponsored on a full-time course of more than six months OR
- you are on a full-time postgraduate course of at least 9 months at a 'higher education provider' with a 'track record of compliance' OR
- the baby was born during your most recent grant of permission as a Tier 4 student or pre-Tier 4 student, and this permission was granted for a full-time course of more than six months (or for a re-sit or to re-take a module for the same course of more than six months duration)
If you want them to make an application from inside the UK, they apply by making an online application through the Home Office website:
Before filling in the form, read the whole of the Points Based System (Dependant) Policy Guidance, as they will need to meet all the usual requirements for dependants. If you wish to make an immigration application from inside the UK for
your baby in other circumstances, you should seek legal advice.
A baby can apply for entry clearance (from your home country) as your dependant in the following circumstances:
- the baby was born no more than three months after the expiry of your most recent grant of permission as a Tier 4 student or pre-Tier 4 student, and this permission was granted for a full-time course of more than six months (or for a re-sit or to re-take a module for the same course of more than six months duration)