How to Get a UK Visa for a Foreign Baby, Born in the UK

Did you know that if you and your spouse are foreigners, your baby has no right to live in the UK, even if he/she was born there? That's what we were told by the border patrol agent at the Glasgow Airport after making a weekend trip to Paris when our son was two months old. Oops! We figured that after getting his passport, we were good to go. We were wrong. The border patrol agent VERY kindly let us back into the UK with the stern warning that he had the authority to put our son in detention and have him put on the next plane to the US without us (now, the logistics of doing this with a nursing infant would have been interesting, but nevertheless, he did a good job of scaring us). He stamped our son's passport with a six month tourist visa and told us we needed to apply for a proper dependent visa as soon as possible. Below I'll share with you what we learned about this process. As usual, though I'm writing from an American point of view, this information would likely pertain to other nationalities as well.

First of all, we found the citizen's advice bureaus to be very helpful. "The Citizens Advice service helps people resolve their legal, money and other problems by providing free, independent and confidential advice..." They are non-profit organizations and they are happy to help people like you and me with just these sorts of questions. I highly recommend giving them a call if you need help with anything.

The other folks to contact are the people at your regional Public Enquiry Office. Actually, the phone number on the website can be incredibly difficult to get through on, but it is possible. They are the people with the definitive answers, so it's good to double check any advice you get with them.

Basically, though, the form we were directed to complete to apply for our son's visa from within the UK is called the FLR(O) form (Further Leave to Remain (Other)). Note, this form is only applicable if you are trying to apply while in the UK. While it may not seem like the right form, it is. It's basically a left-overs sort of form for all the people who don't fit into other categories. Also note (this is important), your child will be the main applicant--don't be confused and add yourself as the main applicant and your child as the child of the main applicant. You will have to add a note explaining your particular circumstances, i.e., that the main applicant is a child.

Also, you will see on the application, that it is expensive. The current price is £465 if applying by mail and £665 if applying in person. Yikes! We had to remind ourselves that we didn't have a hospital bill for this kid! One final thing, the wait-time on this application if you mail it in is 4-14 weeks. The more expensive in-person appointments are processed same-day, but you often need to book your appointment a month in advance. You do this by calling the Public Enquiry Office mentioned above.

The other option, of course, would just be to go home to the US (or wherever you have citizenship) to make the application. If you do this, you would need to follow the procedures for applying for a dependent visa from the US per http://www.ukvisas.gov.uk/en/. The difficulty you might run into with this is knowing when to book your return tickets to the UK, since the visa application process can take several weeks and you are not permitted to apply without being on US soil. However, the price for the actual visa is currently around $230. The price difference may almost pay for your plane ticket to go home. Also note, biometric data is NOT currently required for children under the age of five years.