Immigration options for babies born to migrant parents

It is important to remember that making an application to change a person’s immigration status is a regulated activity and constitutes immigration advice. This means only a solicitor or an accredited Immigration Advice Authority (IAA) adviser can help you to regularise your baby’s immigration status.

All babies born in Northern Ireland must be registered by a parent within 42 days of their birth. The General Register Office for Northern Ireland is responsible for the registration of births and the production of birth certificates. You can register your baby’s birth at your local District Registration office by appointment only. 

You will receive one ‘short’ Birth Certificate for free, but you can purchase a ‘full’ or ‘long’ Birth Certificate for £8. A long birth certificate is essential for regularising your baby’s immigration status. 

Additionally, the registrar will give you an Infant Registration Card (HS123) and you can use this to register your baby as a patient with your GP practice. 

As with other parts of the UK, all babies born in Northern Ireland are entitled to full, free access to healthcare for the first 90 days of their life. After that, access to healthcare depends on the child’s immigration status.

If a child accesses healthcare after 90 days without having their immigration status regularised, or having applied to have their status regularised, parents can be charged for healthcare.

For this reason, and for continuity of medical care for infants and children, it is vitally important that parents take action to secure their child’s status.

Maternity

Free maternity and antenatal care is provided to those who are ordinarily resident in Northern Ireland and those who are eligible for exemption from charges. This includes people with indefinite leave to remain (settlement), refugees, asylum seekers and victims/survivors of human trafficking.

Some people who receive social security benefits are eligible to apply for the Sure Start Maternity Grant to help with essential baby items. Those who have a No Recourse to Public Funds (NRPF) condition on their visa are not eligible.

If your baby is born while you are waiting for a decision on your asylum claim, it is very important to do two things: 

1. Add your baby to your asylum support claim 

If you receive asylum support (accommodation and ASPEN card payments) you must add your baby to your asylum support claim to receive payments for the child. You can do this by notifying Migrant Help. If you notify Migrant Help within 2 weeks of your baby’s birth, your support payments for the baby will be backdated to their date of birth. 

Parents can claim extra asylum support payments for children aged 0-3. Asylum seekers are not eligible for the Sure Start Maternity Grant but may apply for one-off £300 maternity payment by contacting Migrant Help. You should apply if your baby is due in 11 weeks or less, or if your baby is under 6 months old. 

You must provide a long birth certificate for your baby within 7 weeks of birth if you do not provide it at the time of notifying Migrant Help.  

This activity is not regulated by the Immigration Advice Authority; anyone can help you to do this, or you can do it yourself.

2. Add your baby to your asylum legal claim 

You must also add your baby to your asylum legal claim.

Be careful: Notifying Migrant Help to add your baby to your asylum support claim is not the same as adding your baby to your asylum legal claim.

If you want your baby to be considered as part of your asylum claim, your solicitor or immigration adviser should notify the Home Office as soon as possible that you want your baby to be added to the claim as your dependent. The Home Office will need your baby’s name, date of birth, nationality and a copy of their long birth certificate.

You should try to add your child to your claim as soon as they are born. Remember that NHS treatment charges may apply to your child if their status is not regularised within 90 days of birth.

Some parents are unaware that they should have added their child to their asylum claim, and only first notice a problem when they receive asylum decision letters, and eVisa information for each family member, except for the baby.

If your child does not receive an asylum decision letter from the Home Office, your legal adviser should follow up to request the paperwork and explain that the baby should have received status at the same time as other family members. To do this, you will need:

• child’s long birth certificate
• your Home Office Port Reference number (can be found on Home Office documentation e.g. your Bail 201)

You should try to make an immigration application for your child as soon as they are born. Remember that NHS treatment charges may apply to your child if their status is not regularised within 90 days of birth. 

Since 2023, children born to parents with refugee status or humanitarian protection no longer automatically receive refugee status or humanitarian protection themselves.  

Parents have two options to regularise their baby’s status. These options should be considered carefully. It is important to seek advice from a solicitor or accredited adviser to help you decide which option to choose.

Option 1: ‘permission to stay in line’ 

You can request that your baby is granted ‘permission to stay in line’. This means they will be granted permission to stay in the UK for the same length of time as you (their parent) and can be added to any future application for indefinite leave to remain as your dependent. This is also known as ‘leave in line’.

Permission to stay in line does not grant status in line, meaning, your child will not have refugee status or humanitarian protection in their own right.

To apply 

The process to apply for permission to stay in line is detailed in your asylum decision letter. It involves sending a written request to the Home Office and is a free service. You should seek advice from a solicitor or accredited adviser before doing this.

Be prepared, as you must include the following information and evidence alongside your request:

• the full name, date of birth, and nationality of the child (i.e. the child who you are requesting be granted permission to stay in line with you)
• the home address of the child
• the full name, date of birth, and nationality of all adults living in the same household as the child
• the full name, date of birth, and nationality of the sponsoring parent (i.e. the parent who has refugee status)
• evidence that the child’s sponsoring parent currently has permission to stay as a refugee, for example, an eVisa
• any Home Office reference numbers relating to the parent that has permission to stay as a refugee, if known
• the full name, date of birth, and nationality of the child’s other parent, if known
• evidence of the other parent’s immigration status in the UK, if known
• a passport style photograph of the child
• a scanned copy of the child or children’s full UK birth certificate, if they were born in the UK.

Option 2: Asylum Claim for Baby 

If you would like your baby to have refugee status or humanitarian protection in their own right, your baby must have their individual protection needs assessed by the Home Office. This means making an asylum claim for your baby. If granted, your child will be granted status of the same length as you and can be added to any future application for indefinite leave to remain as your dependent.

It is possible that a child will not have the same protection needs as a parent and may be refused asylum. We recommend that you seek legal advice.

To apply for asylum  

Contact the Asylum Registration Appointment Line on 0300 123 4193 to book a screening appointment.  

An important note on travel documents 

The immigration status your child holds will dictate their eligibility to receive a Home Office Travel Document. Only people with refugee status can apply for a Refugee Travel Document. People without refugee status, for example those with humanitarian protection or “permission to stay in line” may instead be eligible to apply for a certificate of travel. If you are unsure about which option applies to your child, you should seek legal advice. You can read more about Home Office Travel Documents here: www.gov.uk/apply-home-office-travel-document 

You can apply to the Ukraine Permission Extension (UPE) scheme for your child if they were born in the UK after 18 March 2022 to a Ukrainian national parent who holds permission to stay in the UK under one of the Ukraine Schemes:

• Ukraine Sponsorship Scheme (Homes for Ukraine)
• Ukraine Family Scheme
• Ukraine Extension Scheme

This will grant your child permission to stay in line with you (the parent). This means that your child’s permission to stay in the UK will expire at the same time as yours. You will receive information about creating your child’s eVisa account if the visa is granted. It is important that you set this up as soon as possible.

Your child will be travel within the UK and return to the UK using their eVisa.

However, in order to travel outside the UK, your child will need a valid passport. For information on obtaining a passport for your child please contact the Ukrainian Embassy of the UK. 

You can make a UPE scheme application for your child as soon as they are born. Remember that NHS treatment charges may apply to your child if their status is not regularised within 90 days of birth.

To make this application, you will need:

• Child’s full birth certificate
• Evidence of parent’s nationality OR an identity document
• Evidence of parent’s immigration status e.g. eVisa share code or Unique Application Number (UAN)
• Depending on the child’s living arrangements, you may need additional evidence. See more information here.

Remember the UPE scheme (similar to other Ukraine schemes) provides temporary sanctuary and is not a route to settlement. This means that time spent in the UK on this visa will not support an application for indefinite leave to remain in the UK in the future.

The Afghan Resettlement Programme has two main routes: 

• Afghan Citizens Resettlement Scheme (ACRS) 

• Afghan Relocations and Assistance Policy (ARAP) 

Everyone who arrived on these routes was granted indefinite leave to remain (settlement) on arrival in the UK.  

If your baby was born in the UK after you arrived on the Afghan Resettlement Scheme, then your baby is automatically a British citizen and you do not need to take any steps to regularise your baby’s status. 

Your child will not have access to an eVisa because British citizens do not need to prove their immigration status and can access services freely. You have the option of applying for a first British passport for your baby. Think carefully about applying for a UK passport for your baby: will this cause and difficulties for your child or you if you plan to return to Afghanistan in the future? 

Passport applications require a countersignature from a person known to the family, and in a suitable profession, to confirm the child’s identity. You can read more about who can countersign your child’s application here.

Parent holds indefinite leave to remain at time of birth 

A child born in the UK is automatically a British citizen if either parent has indefinite leave to remain (settlement) or EU Settled Status at the time of the child’s birth. Your child can apply directly for a first British passport.

Think carefully about applying for a British passport for your child – while the UK does allow its citizens to hold more than one nationality, not all countries permit dual citizenship. This means that in some cases, applying for a British passport for your child may automatically revoke entitlement to any other nationality they may have been eligible for. You should check your own country’s citizenship rules before applying for a British passport.

If you are unsure about whether your child is a British citizen by birth, you can consult the Project for the Registration of Children as British Citizens or contact our Immigration Advice Line.

Parent applies for indefinite leave to remain after birth 

You can add your child as a dependent on your application for indefinite leave to remain or for EU Settled Status. If successful, this will grant your child Indefinite leave to remain or EU Settled Status in line with you (the parent).

A child born in the UK has the right to be registered as a British citizen if their parent becomes settled (gets indefinite leave to remain or EU Settled Status) after the child was born. This is expensive – it costs £1000 to apply. Fee waivers may be available if you can demonstrate financial hardship.

If you are unsure about whether your child is eligible to register as a British citizen, you can consult the Project for the Registration of Children as British Citizens or contact our Immigration Advice Line.

In some cases, a child born or living on the island of Ireland may be entitled to apply for Irish citizenship, including those living in Northern Ireland.

The Irish Citizens Information Board provide an overview of the requirements for Irish citizenship, including a section for those in Northern Ireland.

Law Centre NI do not advise on Irish immigration law and cannot provide advice in relation to Irish citizenship matters.