Visa for baby born to Student visa holder

Short answer

A baby born in the UK to a Student visa holder does not automatically become a British citizen and does not automatically hold their parent’s immigration status. To be able to travel in and out of the UK with the child, the parent needs to apply for a dependant child visa under the Student route (Appendix Student, with the dependant provisions in Appendix Children of the Immigration Rules).

Citizenship position

Being born on UK soil does not, by itself, confer British citizenship. Under the British Nationality Act 1981 a child born in the UK is British at birth only if, at the time of birth, at least one parent is a British citizen or is settled in the UK (that is, holds indefinite leave to remain or another form of settled status). A parent on a Student visa has limited leave, not settled status, so the child will not be British at birth.

Do you have to apply straight away?

There is an important practical distinction here.

While the child remains in the UK, they are not required to make an immigration application. It is lawful for a non-British child born in the UK to remain here without leave for as long as they stay in the country. So if the family is not travelling, there is no immediate legal obligation to apply and no penalty for the child simply being present.

The reason you apply is travel. The child will need immigration permission (a dependant visa) to re-enter the UK after any trip abroad. Without it, the child could face difficulties being allowed back in. So the trigger for applying is usually a planned trip out of the UK, or a wish to regularise the child’s status alongside the parent.

The correct visa: Student dependant (child)

The relevant route is a dependant child of a Student visa holder. A child under 18, including one born in the UK during the parent’s stay, can be a dependant. The application is made under Appendix Student together with the dependant child requirements.

Where the child is in the UK, the application is the online “apply as a child” (dependant) application from inside the UK. If the child has already left the UK, there is a separate out-of-country application. Their leave is normally granted in line with the parent’s Student visa, expiring on the same date.

You must apply before the child turns 18 if they are to remain as a dependant, though for a newborn this is obviously not an immediate concern.

Important restriction: not all Student visa holders can bring dependants

Since a rule change that took effect for courses starting on or after 1 January 2024, most Student visa holders can no longer bring dependants. A Student can generally only sponsor dependants (partner or child) if they are studying a full-time postgraduate research course (such as a PhD or other doctorate, or a research-based master’s), or if they are a government-sponsored student on a course lasting longer than six months.

This matters for a UK-born baby too. If you fall within one of these categories, you can apply for the child as your dependant. If your course does not permit dependants, you may not be able to add the baby as a Student dependant, and you would need to consider the child’s position separately, for example another basis of stay or, if you leave the UK, an application from outside. This is a common point of confusion, so it is worth checking your own course type carefully against the current rules.

Evidence you will need

The core document is a full UK birth certificate for the child showing the names of both parents. You will also need to show the parent’s current Student visa status, and evidence relevant to any funds and course requirements that apply to the dependant application. If both parents are in the UK on immigration permission, the application will link the child to the sponsoring Student parent.

Fees and health surcharge

A dependant child application carries an application fee and, importantly, the Immigration Health Surcharge, which is charged per year of leave granted and must usually be paid up front for the whole period of the visa. This can be a significant cost for a period matching the parent’s remaining leave, so budget for it before applying.

Practical next steps

1. Register the birth and obtain the full UK birth certificate showing both parents.

2. Check whether your specific course allows you to sponsor dependants under the post-January 2024 rules (postgraduate research or government-sponsored long courses).

3. If you are not planning to travel abroad with the baby, you are not obliged to apply immediately, but keep in mind you will need the visa before any return trip to the UK.

4. When ready, make the online in-country dependant child application, uploading the birth certificate and supporting documents, and pay the fee and Immigration Health Surcharge.

5. Consider timing so the child’s leave matches the parent’s, and keep in mind future switching or settlement plans if the family intends to stay long term.

Where the answer could change

The outcome depends on facts I do not have: the type of course the Student parent is on and its start date, whether either parent holds or is close to obtaining settled status (which could make the child British or route them differently), whether the family intends to travel, and the other parent’s immigration status. If either parent is or becomes settled, the child’s position changes significantly, potentially towards British citizenship or registration rather than a dependant visa.