Baby Born During UK Graduate (PSW) Visa? Here's What You Need to Know

The Graduate Visa and Dependants: The Crucial Rule

The UK Graduate visa (also known as the Post-Study Work or PSW visa) is a fantastic opportunity for international graduates to work in the UK for 2-3 years after completing their studies. However, there's one crucial limitation that catches many families off guard:

Unlike the Skilled Worker visa or Student visa, the Graduate visa does not allow you to bring or add family members as dependants. This creates a difficult situation when a baby is born during this visa period.

What Happens If Your Baby Is Born on a Graduate Visa?

The Baby Does NOT Get Automatic Immigration Status

A common misconception is that babies born in the UK automatically become British citizens or get the right to stay. This is not true.

Your baby's immigration status depends on their parents' status at the time of birth:

• If neither parent is a British citizen or has settled status (ILR), the baby is not British
• The baby does not automatically get any visa or leave to remain
• The baby cannot be added to your Graduate visa as a dependant

Can I Apply for a Dependant Visa for My Baby?

No. Since Graduate visa holders cannot sponsor dependants, any application for a dependant visa for your newborn will be refused. The Graduate visa simply doesn't have a dependant category.

What Is My Baby's Immigration Status?

Technically, your baby may be considered to have no immigration status or be an "overstayer" if they remain in the UK without valid leave. This can have serious implications:

• Potential issues with future visa applications
• Cannot access certain services
• May face immigration enforcement

Your Options: How to Keep Your Family Together

Option 1: Switch to a Visa That Allows Dependants

The most common solution is to switch from the Graduate visa to a visa category that permits dependants:

Skilled Worker Visa

• ✅ Allows dependants (including children)
• ✅ Can switch from Graduate visa without leaving the UK
• ✅ Leads to settlement (ILR) after 5 years
• ⚠️ Requires a job offer from a licensed sponsor
• ⚠️ Must meet salary threshold (currently £38,700 or going rate)

Health and Care Worker Visa

• ✅ Allows dependants
• ✅ Lower salary thresholds than Skilled Worker
• ✅ Reduced visa fees
• ⚠️ Must work in eligible health/care role

Global Talent Visa

• ✅ Allows dependants
• ✅ More flexibility than work visas
• ⚠️ Requires endorsement from relevant body

Family/Spouse Visa

• ✅ If you're married to a British citizen or someone with ILR
• ✅ Allows you and your child as dependants
• ⚠️ Financial requirements apply

Option 2: Apply for Your Baby After Switching

Once you've switched to a qualifying visa:

1. Apply for your baby as a dependant on your new visa
2. Provide evidence of your relationship (birth certificate)
3. Pay the application fee and Immigration Health Surcharge for your child
4. Attend biometrics (for children, this may be simplified)

Option 3: Baby Stays Outside the UK Temporarily

In some cases, families choose to:

• Have the baby stay with family members in their home country
• One parent returns home temporarily with the baby
• Apply for the baby to join once the parent has a qualifying visa

This is emotionally difficult but may be necessary while sorting out visa status.

Step-by-Step: What to Do If You're Expecting

If You're Currently Pregnant on a Graduate Visa:

1. Start job hunting NOW for roles with licensed sponsors
2. Prioritise employers who can sponsor Skilled Worker visas
3. Apply to switch visa before the baby is born if possible
4. Get legal advice on your specific situation

If Your Baby Has Already Been Born:

1. Don't panic — there are solutions, but act quickly
2. Register the birth — get a UK birth certificate
3. Do NOT apply for a dependant visa on your Graduate visa — it will be refused
4. Focus on switching to a Skilled Worker or other qualifying visa
5. Apply for your baby as a dependant once you have the new visa
6. Seek professional advice if unsure

Common Questions

Is my baby British if born in the UK?

Not automatically. A baby born in the UK is only British if at least one parent is British or has ILR/settled status at the time of birth. Graduate visa holders don't have settled status, so the baby isn't British by birth.

Can my baby become British later?

Yes. If you later get ILR and the baby is still a child, they can register as British. Or if you become British, you may be able to register your child.

What if both parents are on Graduate visas?

Neither parent can sponsor the baby. You'll need at least one parent to switch to a visa that allows dependants before the baby can have legal immigration status.

Can I get an extension while pregnant?

Graduate visas cannot be extended. It's a one-time, non-extendable visa. You must switch to a different visa category before it expires.

Will my baby be deported?

The Home Office generally doesn't actively pursue deportation of babies, but having no immigration status creates serious problems. It's essential to regularise your baby's status as soon as possible.

Does this apply to the baby's other parent too?

If the other parent is on a visa that allows dependants (e.g., Skilled Worker), they may be able to sponsor the baby. Check both parents' visa options.

Timeline: How Long Does Switching Take?

Step	Timeframe
Find sponsored job	Varies (weeks to months)
Employer applies for CoS	1-4 weeks
Submit Skilled Worker application	Same day once CoS received
Skilled Worker decision (priority)	5 working days
Apply for baby as dependant	After main visa granted
Baby's dependant visa decision	Usually 8 weeks

Tip: Use priority processing for your Skilled Worker application to speed things up.

Key Takeaways

• 🚫 Graduate visa holders cannot sponsor dependants — period
• 👶 Babies born in UK aren't automatically British unless a parent is British/has ILR
• 🔄 Switch to Skilled Worker (or similar) to sponsor your baby
• ⏰ Plan ahead — start job hunting before the baby arrives
• 📋 Register the birth but don't apply for Graduate dependant (it doesn't exist)
• 💼 Seek professional advice for complex situations

Related Guides

• Which UK Visa Types Count Toward ILR?
• UK ILR for Dependants: Document Checklist
• UK ILR Application Required Documents

Official Government Resources

For official guidance on Graduate visas and dependants, refer to these UK government pages:

• 🔗 Graduate Visa Overview — gov.uk
• 🔗 Skilled Worker Visa — gov.uk
• 🔗 Skilled Worker Dependants — gov.uk
• 🔗 Register as British Citizen: Born in UK — gov.uk
• 🔗 Check if You're a British Citizen — gov.uk

Need Help With Your Situation?

Navigating this situation can be stressful. Our services can help:

Free AI Document Check — Instant verification of your documents for your new visa application. 1 free check per document daily.

Expert Review (£49) — Get advice from immigration specialists who can review your specific situation and help you plan the best path forward for your family.

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