What I'm worried about is this: If I use my British Citizenship, I wouldn't need a visa to stay/work in the UK, BUT (if what I'm reading is correct), I would not be covered by the NHS until I've lived/worked there for 6 months. My soon-to-be-newborn daughter would be covered as a dependent on my boyfriend's student visa, but because we aren't married, I would not.
Do I have that right? I'm freaking out just a bit, as this will be my first child and we are moving 5,000 miles (8,000 km sounds scarier) away when she will be only 3 months old. I know she will be taken care of, but I would be extremely uncomfortable not having medical coverage for myself for upwards of 6 months.
You have nothing to worry about - as long as you are moving to the UK on a long-term basis (i.e. you're not just a temporary health tourist), you will be covered by the NHS immediately.
Your boyfriend and daughter will also be covered by the NHS immediately as long as their visas are valid for more than 6 months.
The NHS is legally obliged to treat anyone who comes through its doors, regardless of nationality. The only difference is whether you get it free at point of service, or if you have to pay for your treatment.
From the NHS website:
Are you taking up or resuming permanent residence in the UK?
What if I should need hospital treatment?
Under the current Regulations, anyone who is taking up or resuming permanent residence in the UK is entitled to free National Health Service (NHS) hospital treatment in England. If your intention is to live permanently in the UK you will be exempt from hospital charges from the date of your arrival in the country but you should expect to be asked to prove your intention and that you are legally entitled to live here.
and
If you move to the UK, you will not be charged for NHS hospital treatment from the date that you arrive, as long as:
- you intend to live permanently in the UK, and
- you’re legally entitled to live here on a permanent basis
You’ll be expected to prove that you meet these requirements.
And from the Citizen's Advice Bureau:
Who can receive all NHS hospital treatment free of charge
You can get free NHS hospital treatment if you are lawfully entitled to be in the UK and usually live here. This is called being ordinarily resident.
Some people from abroad who are not ordinarily resident in the UK can receive all NHS hospital treatment free of charge. If you are entitled to free NHS hospital treatment, family members including your spouse, civil partner and dependent children will also be able to get free treatment, but only if they are lawfully allowed to live in the UK. In many cases, they must also be living with you throughout your stay to qualify.
You can receive free NHS hospital treatment if you:-
- have been living legally in the UK for at least 12 months when you start treatment, and did not come to the UK for private medical treatment. Temporary absences from the UK of up to three months (in England, up to 182 days) are ignored
- have come to the UK to take up permanent residence, for example, if you are a former UK resident who has returned from abroad, or if you have been granted leave to enter or remain as a spouse
- have come to the UK to work, either as an employee or self-employed person. In England and Wales, if you are employed, your employer's main place of business must be in the UK or be registered in the UK. This could be, for example, a branch of an overseas company. If you are self-employed your main place of business must be in the UK
- normally work in the UK, but are temporarily working abroad for less than five years. You also need to have lived in the UK continuously for at least ten years before going overseas.
- In Scotland, you normally work in the UK but are temporarily working abroad. You must have lived in the UK continuously for at least ten years and taken home leave in the UK at least once every two years. However, if you are studying abroad you may not be entitled to free NHS treatment
- are receiving a UK war pension
- have been granted, or made an application for temporary protection, asylum or humanitarian protection
- in Wales, have applied for asylum
- in England, are an failed asylum seeker in certain circumstances, or in Scotland and Wales, are a failed asylum seeker
- in England, are a child the local authority has taken into care
- have been identified as having been trafficked from abroad or are believed to have been trafficked from abroad
- are imprisoned in the UK or detained by UK immigration authorities
- get a UK state retirement pension and live in the UK for at least 182 days a year (in Scotland and Wales, six months a year) and live in another European Economic Area (EEA) member state or Switzerland for the other part of the year. If you have registered as a resident of another EEA state or Switzerland, you may be entitled to free NHS hospital treatment if you fall ill during a trip back to the UK
- are from a European Economic Area (EEA) country or Switzerland and have a European Health Insurance Card (EHIC). The EHIC does not cover coming to the UK just to get medical treatment but it allows you to get free care if you're referred to the UK for pre-planned treatment with an E112 or S2 certificate
- are a student following a course of study which lasts at least six months, or a course that is substantially funded by the UK, Welsh, Scottish or Northern Ireland Governments.
If we DID get married prior to the move, could I just ignore my citizenship and apply as a dependent on his student visa as well?
Seems a bit silly to ignore your citizenship and get a visa, since it's much less cost and hassle to get a UK passport than to marry and then get a student dependent visa.
As a UK citizen, you will be able to live and work in the UK without a visa, you will have access to the NHS and you can claim any government benefits you are entitled to as a British citizen. Also, if you ended up getting married after moving (or his studies are for 2 years or more and you live together for those 2 years), you could potentially sponsor him (and your daughter) for a spousal or unmarried partner visa which would allow you all to stay in the UK for several years if you wished.
On a dependent student visa, you will have to proof even more maintenance funds (£450 per month for you plus £450 per month for your daughter, on top of your boyfriend's tuition, and living costs of £7,200), you will not have access to any benefits and your visa will be tied to your husband's visa... so as soon as his studies are finished, you will have to leave the UK.
