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Discussion Starter #1
Hi all

I would love to get some guidance on getting healthcare coverage for our soon-to-arrive baby in the UK!

My wife (French) and I (South African) will be moving from the USA to the UK in October. I have a job lined up, and my wife has started looking for work. I will be applying for a tier-2 or ancestry visa soon; my wife will enter under the EEA treaty rights.

We are expecting a baby soon (in the next week or two!) and I have some questions about pathways to ensure that the cost of our baby's healthcare will be covered by the NHS.

Our baby will be able to obtain either a US or French passport before leaving these shores. There may not be enough time, however, to both receive a passport and apply for a visa (such as dependent ancestry visa). So there appears to be two options for getting NHS coverage for the baby:

1. US passport -> enter UK as visitor -> apply for residence card based on my wife exercising EEA treaty rights -> apply for NHS coverage as dependent of my wife
2. French passport -> enter UK as EEA citizen -> apply for NHS coverage as dependent of my wife.

Failing these two, I suppose I will have to spring for health insurance for the baby for a year...

Any thoughts?
 

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You don't need a visa as you can come as family member of an EEA citizen by getting EEA family permit. As the child will be French and living with a French parent exercising treaty rights, the child will be automatically covered by NHS. Just register with a GP.
 

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I have some questions:

If the mother is not working (she will only have given birth some 4 weeks previously) will she then be exercising treaty rights?

If not exercising treaty rights how will be child be covered? by the father's Tier 2 visa?
 

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EEA citizen can exercise treaty rights by being self-sufficient, which can be achieved by being supported by their spouse's income. In case of pregnancy, I think they are given up to a year's grace while they concentrate in caring for the new-born.
 

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Discussion Starter #6
Thanks for the replies everyone. My wife has applied for a part-time teaching gig. Very part-time. But its good to know that she can claim self-sufficiency based on my income. And the possibility of a year's grace due to pregnancy is also very good news!
 

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If you are self sufficient don't you have to have comprehensive health insurance?
That is so, but I was just talking about ways of exercising treaty rights. As for pregnancy, if you have been exercising treaty rights by working, but had to give up because of impending birth, you are treated the same as others who are temporarily disabled, so you are deemed to be still exercising EU rights. Even if you then have to rely on your non-EEA partner's income, you are still eligible for NHS and no CSI is needed.
 

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In the case of this lady she currently lives in the US so has not been exercising treaty rights by working in the UK or EU.

Having given birth approx 4 weeks prior to entering the UK I wonder what 'job' she is going to get in order to fulfill the work criteria for exercising treaty rights which would give eligibility for the NHS.

According to the latest OP post, she has applied for a very part time teaching job.

So she has not worked in the EEU for a period, she may or may not get a very part time job and yet her child (and the rest of the family) will be eligible for the NHS? (Even if the child enters on a US passport with a visitor stamp in it?)
 

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Discussion Starter #9
This valuable discussion raises several other questions: how many hours work a week constitutes exercising EEA treaty rights? Does the hourly pay matter? Would having a newborn baby be taken into account? And would the income of one's spouse be similarly taken into account (I have a full-time job that I will be starting when I arrive in the UK; I will be on a tier-2 or ancestry visa)?

Thanks again to everyone
 

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If you get ancestry visa (much easier than Tier 2) and start working, then your family including your new-born will be eligible for full NHS coverage. There may be some issues if you rely on your wife's EU status.
 

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Discussion Starter #11
Even if my wife and baby will not have "dependent ancestry" visas (or whatever these are called)? There will not be enough time to get such a visa for the baby before we leave.
 

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But as French nationals, they don't need a visa. Your marriage certificate, ancestry visa and work details will act as evidence that you are in UK in an economic capacity thus making you and your family eligible for NHS.
 
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