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UK Citizenship - Spouse and her adult children

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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jons1
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UK Citizenship - Spouse and her adult children

Post by jons1 » Sun Feb 21, 2021 7:23 pm

Hi

We are now in the process of applying for UK citizenship for my family. I married my wife 2 years ago and she and her 2 children (my stepchildren) received their ILR status in June 2020, my wife received her spouse visa 6 years ago but due to previous marriage annulment issues we weren't able to get married then. My wife has been living here in the Uk for 6 years but my stepchildren have only lived here for 2 years as we also had long complications in getting them the visas due to the annulment issues and parental responsibility. They are now 19 and 21 years old but got their Leave to remain when they were under 18 through adding them as dependents on the spouse visa.

I understand my wife now can become a UK citizen, however, it is not clear how this will work for my stepchildren, before I thought that they could apply 12 months after receiving ILR but now it seems that they will need to be resident in the UK for 5 years. It seems unfair that they will not have the same rights as their mother because they have turned 18 years coming here - they are both still fully dependent on us as their parents.

It is very confusing I was wondering if anyone knew what the exact rules are?

thanks!

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alterhase58
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Re: UK Citizenship - Spouse and her adult children

Post by alterhase58 » Sun Feb 21, 2021 7:57 pm

On what basis did the step children receive their ILR?
It is unfortunate, but once children turn 18 they are treated as adults, irrespective of whether they are dependent or independent, and they need to apply as adults, and satisfy the requirements, including the residency requirements.
https://www.gov.uk/government/publicati ... n-guidance
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jons1
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Re: UK Citizenship - Spouse and her adult children

Post by jons1 » Mon Mar 01, 2021 8:54 pm

Hi alterhase58

thanks for your reply - they received the ILR through being dependents of my wife - they applied for the settlement visa when they were both under 18 - the settlement visa was initially refused on the grounds of parental responsibility and then overturned rightly following appeal over1 year later - by that time the eldest had turned 18. they have been resident in the UK for 2 years now - It seems unfair that they cannot be the same citizenship as their Mother particularly as due to legalities of divorce in the Philippines and the immigration process they were unable to come to the UK at the time their Mother did 6 years ago. They also have 2 stepbrothers (mine and their Mothers (my wife) children) who are dual UK-Philippines citizens.

It wouldn't be a massive issue to wait for the 3 more years except for the fees for University for the eldest he will have another year (3 year residency rule) to be able to go to University as a home fees student which I find quite unfair. I appreciate it is about subsidising UK citizens and I am all the more for that, however, currently the eldest is on Universal Credit with not many job prospects. I don't understand why he is allowed that (which is good for him at the moment) but then disadvantaging him massively by going to university £60k in fees that will help benefit the UK economy in the future!

Do you think there is a possibility they can apply for UK Citizenship in their own right after having the 1 year of ILR?

thanks!

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CR001
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Re: UK Citizenship - Spouse and her adult children

Post by CR001 » Mon Mar 01, 2021 9:00 pm

Do you think there is a possibility they can apply for UK Citizenship in their own right after having the 1 year of ILR?
No chance. They are adults and have to qualify as adults with 5 years Residence and meet all the same requirements an adult needs to meet. There is no shortcut route for them unfortunately.
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adamaa1
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Re: UK Citizenship - Spouse and her adult children

Post by adamaa1 » Mon Mar 01, 2021 9:12 pm

jons1 wrote:
Mon Mar 01, 2021 8:54 pm

It wouldn't be a massive issue to wait for the 3 more years except for the fees for University for the eldest he will have another year (3 year residency rule) to be able to go to University as a home fees student which I find quite unfair. I appreciate it is about subsidising UK citizens and I am all the more for that, however, currently the eldest is on Universal Credit with not many job prospects. I don't understand why he is allowed that (which is good for him at the moment) but then disadvantaging him massively by going to university £60k in fees that will help benefit the UK economy in the future!
The nationality is irrelevant for the purposes of university fee classification. Whether they’re a British citizen or a foreign national with ILR, the requirement to be ordinarily resident 3 years prior to the start of the academic course applies. My brother went through this process a few years ago.

secret.simon
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Re: UK Citizenship - Spouse and her adult children

Post by secret.simon » Mon Mar 01, 2021 9:15 pm

jons1 wrote:
Mon Mar 01, 2021 8:54 pm
Do you think there is a possibility they can apply for UK Citizenship in their own right after having the 1 year of ILR?
No, because, for anybody applying on or after their 18th birthday, there is a mandatory (i.e. can't be disregarded by the Home Office/no discretion) requirement of being physically present in the UK at the start of the five year period immediately preceding the date of application.

However, in the case of your step-children, I am not sure that British citizenship is relevant and I suspect that you are mixing up two very different sets of requirements.

Home fee status and student loans have residency requirements that apply even to British citizens. British citizens who have lived abroad for years would also be subject to these residency requirements and somebody who is a British citizen by birth may also be subject to overseas fees if they have not resided in the UK in the three years immediately preceding the first day of the first year of the course.

If your query is solely related to student fees and Home fee status, those requirements will continue to apply to your step-children regardless of their British citizenship status.

So, is your query solely about the fee status of your step-children?

EDIT: Overtaken by @adamaa1's much briefer explanation.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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