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Minor step son

Posted: Sun Jul 24, 2016 9:21 pm
by tycouk
Dear board members and moderators,
Hello all.
I have some questions regarding applying British citizenship,to my step son
He is going to 18 in 2 months time. I recently also changed his surname to mine.
He born in India, so what is the process for applying his British passport, we have legal guardianship given by court.

Also my son who is now 6. He born before I got ILR.
May I know what is the process to get British citizenship for him.

Thanks all.
Your suggestions are much appreciated.

Regards
Tycouk

Re: Minor step son

Posted: Sun Jul 24, 2016 9:26 pm
by CR001
What is the current immigration status of the step son?

How long has been resident in the UK?

How did you 'change his surname' to yours?

What role does the biological father have in his life?

Have you changed the step son's foreign passport to indicate the surname change?

What is the immigration status of the step son's mother?

Where was the 6 year old son born?

Re: Minor step son

Posted: Sun Jul 24, 2016 9:34 pm
by tycouk
Thanks for your reply.
My step son got ILE, as he came from India.
Me has British passport. My wife has ILR.
My little son is born in UK, I have changed his surname through deed poll, as me and my wife has legal guardianship given by Indian court.
My step son has been in Uk from last 2 yrs
Thanks

Re: Minor step son

Posted: Sun Jul 24, 2016 9:59 pm
by CR001
tycouk wrote:Thanks for your reply.
My step son got ILE, as he came from India.
Me has British passport. My wife has ILR. Step son will only qualify for citizenship when the mother does and as he turns 18 in 2 months, he will then require 5 years residence before he can apply.
My little son is born in UK, I have changed his surname through deed poll, as me and my wife has legal guardianship given by Indian court. You have written one sentence starting with your UK born son. Whose name have you changed? Please write separately for each child as their routes to BC are vastly different.
My step son has been in Uk from last 2 yrs
Thanks
CR001 wrote:What role does the biological father have in his life?

Have you changed the step son's foreign passport to indicate the surname change?
4
You missed these two questions.

Was your 6 year old son born BEFORE or AFTER you became BC or held ILR or are you BC from birth? You need to provide a bit more detailed information to get the correct advice, otherwise it is just a guessing game and to'ing and fro'ing with questions.

Re: Minor step son

Posted: Mon Jul 25, 2016 2:10 pm
by tycouk
Sorry for any confusion,
Thanks for your reply.
My oldest son is my step son and now he going to turn 18 soon.
He arrived 2 years ago under ILE from India.
His passport came with no surname as me n wife want her or my surname to him.
His biological father has no role to play in his life. We have legal guardianship from magistrate court in India, stating that we have given his custody guardianship.
Recently we changed his surname to mine by deed poll.

My other son who is my own is 6 yrs old and born in UK when I hold tier 1 visa, so I am hoping to apply British passport to him also.

My wife still holds ILR and me BC.

Thanks

Re: Minor step son

Posted: Mon Jul 25, 2016 2:57 pm
by CR001
Step Son
* You have to change his foreign passport to show the new name.
* He will only qualify for citizenship if his mother is British. As he will be 18 soon, this is unlikely to happen and he will have to apply for BC as an adult once he has 5 years residence.
* Your BC status is irrelevant to your step son's qualifying for BC.

6 Year Old Son
* You can register him on form MN1 under section 1(3) of the nationality act. As he is UK born, he is entitled to register and does NOT need ILR.