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Topic: Maternity Pay in the UK on the new rules 1st visa and other UK/US baby stuff  (Read 1568 times)

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  • Posts: 75

  • Happily living with husband and son in East London
  • Liked: 0
  • Joined: Aug 2012
  • Location: London
Hello all!
DH and I are discussing trying for a baby!
I have been living in the UK since October 2012 and my visa is on the new rules which require 5 years residency before applying for ILR. As you can imagine this presents a lot of questions.

First, I work part time and I am told as long as I meet the 26 weeks employment requirement and make over £109 a week, I qualify for SMP. I was always under the impression non EU (EEA) resident visa holders were not entitled to any benefits or gov assistance. Is this the exception? Under the new rules, this would mean I couldn't have a baby until I got ILR, no? I don't want to be a 38 year old first time mum!

Secondly, I heard my husband can get a child benefit payment each month once the baby is born, is this possible despite his being married to me? I understand I cannot claim this benefit, but I don't want him to factor it in as part of our budget if it will in any way hinder my eventual ILR efforts or jeopardise my approval for the second visa I have to get once my current one expires in 2 years.

Next, my husband has a child with an English woman from a previous relationship, will CSA take our child into account when calculating maintenance payments for his older child? We already pay WAY over the mandatory amount but once we get pregnant we are going to look to decrease that payment via legal channels so our finances don't suffer impacting the new baby's needs.

Lastly, will our child be a British citizen at birth or is it possible to petition for dual citizenship a child born to a British parent and an American parent living in the UK on a visa? In other words which passport comes first? Or can he/she have both?

Thanks as usual!
Mrs.Randall
December 31, 2011 - In love and planning to marry!
May 17, 2012- Married Spencer Randall
August 24, 2012 - Biometrics and mailed application PRIORITY
August 27, 2012 - Application arrived in NYC
August 28, 2012 - 1st email received - "Application processing"
September 11, 2012 - VISA ISSUED!
October 12, 2012 - moved to London
March 26, 2014 - found out we were expecting DS
December 3, 2014 - Alfred James Randall born


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  • Posts: 1035

  • Liked: 6
  • Joined: Jun 2011
Hello all!
DH and I are discussing trying for a baby!
I have been living in the UK since October 2012 and my visa is on the new rules which require 5 years residency before applying for ILR. As you can imagine this presents a lot of questions.

First, I work part time and I am told as long as I meet the 26 weeks employment requirement and make over £109 a week, I qualify for SMP. I was always under the impression non EU (EEA) resident visa holders were not entitled to any benefits or gov assistance. Is this the exception? Under the new rules, this would mean I couldn't have a baby until I got ILR, no? I don't want to be a 38 year old first time mum!

Secondly, I heard my husband can get a child benefit payment each month once the baby is born, is this possible despite his being married to me? I understand I cannot claim this benefit, but I don't want him to factor it in as part of our budget if it will in any way hinder my eventual ILR efforts or jeopardise my approval for the second visa I have to get once my current one expires in 2 years.

Next, my husband has a child with an English woman from a previous relationship, will CSA take our child into account when calculating maintenance payments for his older child? We already pay WAY over the mandatory amount but once we get pregnant we are going to look to decrease that payment via legal channels so our finances don't suffer impacting the new baby's needs.

Lastly, will our child be a British citizen at birth or is it possible to petition for dual citizenship a child born to a British parent and an American parent living in the UK on a visa? In other words which passport comes first? Or can he/she have both?

Thanks as usual!
Mrs.Randall

SMP is fine, it's paid by your employer and you only get it if you've paid in already.

Same with maternity allowance (although that isn't from your employed).

Child Benefit is fine as long the UKC claims it.

Your child will be both a British & American citizen when born.  Which order you apply for passports in is up to you.  The British one will be faster if he/she is born in the UK.


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  • Posts: 75

  • Happily living with husband and son in East London
  • Liked: 0
  • Joined: Aug 2012
  • Location: London
Thank you so much! This puts my mind at ease. I just don't want to mess things up or forget a step. I guess the next thing to do is start saving and start trying!
Mrs.Randall
December 31, 2011 - In love and planning to marry!
May 17, 2012- Married Spencer Randall
August 24, 2012 - Biometrics and mailed application PRIORITY
August 27, 2012 - Application arrived in NYC
August 28, 2012 - 1st email received - "Application processing"
September 11, 2012 - VISA ISSUED!
October 12, 2012 - moved to London
March 26, 2014 - found out we were expecting DS
December 3, 2014 - Alfred James Randall born


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