Can I give birth in the UK while on a visa without affecting my immigration status?

A common question among visa holders is: Can I give birth in the UK while on a visa without affecting my immigration status? The short answer is yes, but there are important things to consider, especially when it comes to healthcare costs and the Immigration Health Surcharge (IHS).

The UK’s population is increasingly diverse. In 2023, 31.8% of all live births in England and Wales were to mothers born outside the UK and 37.3% involved at least one non-UK-born parent, according to the Office for National Statistics. This highlights how common it is for families from abroad to experience childbirth in the UK and why understanding the immigration rules is crucial.

Giving birth in the UK and immigration status

If you are in the UK on a valid visa, you are generally allowed to give birth while you are here. Giving birth in the UK does not automatically affect your immigration status, nor does it mean your child will automatically have British citizenship.

The nationality of your child depends on your and the other parent’s status at the time of the child’s birth:

• If one parent has settled status (indefinite leave to remain or permanent residence) or is British, the child will automatically be a British citizen.
• If neither parent has settled status, the child will not automatically be British, even if born in the UK. They may be able to apply for British citizenship later, under certain conditions.

If your child is not a British citizen at birth, you will need to apply for them to obtain leave to remain in the UK (a visa), so that they can reside with you during your stay. You should ensure that an application is made, and your child is granted a visa, prior to them travelling outside the UK.

Immigration Health Surcharge (IHS) and NHS maternity care

Maternity care is available through the National Health Service, but charges can apply if you are not entitled to free treatment. Some visa holders will have paid the Immigration Health  Surcharge (IHS), which generally permits them to obtain medical health treatment without the need to pay any further charges. The IHS fee generally covers maternity care, but it is essential to confirm your entitlement before accessing services.

The IHS is a fee paid by most visa applicants when applying to enter or stay in the UK for more than 6 months. At the time of writing, the IHS is £1,035 per year for most adults and £776 per year for children and students.

Paying the IHS gives you access to the National Health Service (NHS) during your stay, including:

• Maternity care (antenatal, birth, and postnatal services)
• General Practitioner (GP) visits
• Hospital treatments

If you have paid the IHS

You will not be charged separately for maternity care. You will receive the same access as a permanent resident or British citizen, though there may still be some minor charges (like prescriptions or dental care).

If you have not paid the IHS

If you are in the UK on a visa shorter than 6 months (e.g. a Visitor visa), you will not have NHS access unless it is an emergency. Maternity care is not free, and you could be billed thousands of pounds for childbirth and hospital care. If you have a debt to the NHS that has been added to your immigration record, depending upon the amount of the debt, you can be refused a visa for the UK or be stopped at the border when attempting to enter the country.

To avoid issues:

• Keep your visa valid and renew it in advance if necessary.
• Be honest and clear about your pregnancy when applying for a visa, especially if healthcare will be a factor.
• Pay the IHS in full if your visa is longer than 6 months.
• Do not overstay your visa, even for medical recovery, without applying for an extension or special permission.

Conclusion

Giving birth in the UK while on a visa is legally allowed and does not automatically change your immigration status, but it comes with responsibilities. As long as your visa is valid and you have paid the Immigration Health Surcharge, you will have access to NHS maternity care like any UK resident. However, it is crucial to stay informed and plan ahead, especially if you are considering future visa applications or your child’s citizenship.

Why professional advice matters

UK immigration law is ever-evolving and is extremely complex. At Gherson, we understand your rights, your obligations and the best steps to secure your family’s future in the UK.

Gherson’s Immigration Team are highly experienced in advising on all UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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