My husband is about to apply for UK Citizenship (AN). His son recently joined him us the UK (I am a UK citizen from birth and we have been Married for over 15 years - his son is16 and has ILR (to join my husband whose name is in his passport).
When we applied for ILR for my stepson he was 15 year olds. The application was refused and then accepted following a written letter of appeal to the British Embassy in Kingston, Jamaica together with the submission of an appeal letter - and appeal decision documents filled in by an immigration lawyer in the UK (and sent to UK immigration) which stated the grounds in which the decision did not follow immigration law. Along with the reasons why he needed to come to the UK (personal safety, neglect, etc.) - They Embassy in Jamaica did not follow immgration law. They did not interview my step son when he attended the embassy for his Visa interview. They took money from us for an express processing - left him in a room (with my husband) for an hour or so while they copied his documents and took biometrics and then said goodbye!
We stated that there were compelling reasons why he should be given ILR in the UK. We were never told under what grounds they agreed with us. We were simply called/emailed and told that we should bring the passport in for processing.
My husband has now passed the life test and we are ready to submit an application for citizenship. The issue I have is that it doesn't appear that my stepson's (MN1) application will be a straightforward one, and we will be seeking registration as a minor (under Chapter 9: registration of minors at discretion).
I have a few questions I hope someone on the forum may be able to help with:
Residency requirements: he does not meet these as he had to come to the UK as he could no longer remain in Jamaica (the reasons were stated our appeal letter - and as he was granted ILR - the UK Border Agency has agreed with this). My husband and I have another child (by him and myself) who is a Uk citizen from birth (aged 14).
If my step son is not granted citizenship he would be the only person - assuming my husband is granted citizenship - in our family who not a citizen.
Permission of the parent: my step son had to flee from his birth mother (reasons were explained in the successful appeal for ILR). We have contacted the other parent for permission but she has not replied. She is a Jamaican National. In accepting his reasons for ILR - do I need to continue to pursue the permission of the other parent.
My intention was to submit my ILR appeal letter as supporting evidence as it very clearly explains the reasons why he has come to live in the UK. I would be interested to hear views from anyone with experience/knowledge in this area.
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