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Advice needed please...
Posted: Thu May 13, 2010 12:08 pm
by Iesha
Hello Everyone,
Please I need your advice on this issue of mine:
I got married in Nov 2003, submitted my form for PR in Dec 2008 but didn't get it till Jan 2010. The issue here is that My husband aready had children before I got married to him but they don't reside in the U.K. they live with their mom in France...
I also have 2 children from previous relationship now ages 8 & 9, my husband said he was going to adopt them but he dimissed adopting them after we got married....My husband has been out of job now for 5 months and he wants to go back to his country finally and that he is tired of the marriage with no solid reason....
Unfortunately my children are stateless because their biological dad was a student when i had them and we were never got married...he is also stateless so he cannot file for his kids...
Please what I want to know now is if i can register them as british based on my PR ? if yes, what form can I fill ? and also will they be refused based on the fact that their dad is stateless and they are stateless as well......also, they were born in th U.k.
Also Please can you tell me when it will be ideal for me to apply for British Passport?
Thank you for your support....
Posted: Fri May 14, 2010 1:37 pm
by malli
you have been married for more than three years so you cud wait for a year then apply for NAT. i am not too sure if you will to apply for their ILR but if so you could do that. Ur husband dnt need to adopt them, as long as you get your papers they can get theirs. they would have to naturalise then they you cud apply for their british passport.
Posted: Fri May 14, 2010 1:54 pm
by mrlookforward
malli wrote:you have been married for more than three years so you cud wait for a year then apply for NAT. i am not too sure if you will to apply for their ILR but if so you could do that. Ur husband dnt need to adopt them, as long as you get your papers they can get theirs. they would have to naturalise then they you cud apply for their british passport.
She is under eea rules, so nothing to do with ILR at all. She already has PR under eea rules which is equivalent to ILR.
Posted: Fri May 14, 2010 2:00 pm
by mrlookforward
You can apply for BC on the 6th anniversary of your arrival in UK as spouse of a eea national exercising treaty rights. You will have to submit the same documents as you did when you applied for your PR.
BUT, you got your PR in Jan 2010, so if you apply for BC in Jan 2011, then you wont have to submit any of your husbands document. This will be a simple and straightforward application.
Where do your children live now?
I am not very clued up about visas for dependent children, but since you have PR, and the kids are young, it shouldnt be a problem. Perhaps someone else on the board will advice you abt the kids.
Posted: Sun May 16, 2010 12:36 am
by Iesha
@ Malli, Thank you very much for your advice, very much appreciated...
@ Mrlookforward, Thanks alot for your reply as well... My children are here with me in the U.K. they were born here and haven't been out of the country.
My husband is willing to tender all the documents I might need to get my BC based on over 6 yrs of Marriage to him, I have done my Life in the U.K. test and passed but not sure if I should go ahead and Naturalise and apply for BC b/cos on the form, it doesn't say anything about kids, also if he ends the marriage now or ends it when I get my BC, there is a section I stll have to fill out regarding Married or divorce when I am applying for the kids own passport...I guess he's feeling guilty about the action he wants to take by going back to his country....I am just very sad and confused...thanks alot for helping out anyways.... I guess i'm just learning from my mistakes cos I kept alot of pple @ arms length cos they were against my marrying him in the first place and now I feel embarassed to tell pple what i'm going through...I would have gone to a lawyer, but I can't afford the fees....thanks alot for your time...Rgds..
Posted: Sun May 16, 2010 12:48 am
by mrlookforward
You can apply for citizenship in your own right 12 months after you got your PR, without any documents from your husband. Your divorce wont effect you naturalisation. You should stop worrying, because you have nothing to worry about. Lets wait for some other members who can give you input about your chidrens status. In the meantime, I would look for a definitive answers too, and I will post them when I find out.
If you dont mind, can you shed some light about your kids. Why are they stateless? whats their/your/their fathers background?
Posted: Sun May 16, 2010 1:04 am
by mrlookforward
Right, here is good news for you.
Both your children were born in UK and you now have settled status in UK. So now both of them can register as British Citizens. Please note they are to be registered, not naturalised. Registeration is a much simpler process compared to naturalisation. I will let you know more details in near future.
Posted: Sun May 16, 2010 1:10 am
by Iesha
@ mrlookforward, thanks alot for your prompt reply, I already had 2 children from previous relationship before I got married to my husband... My husband also has kids back home in paris... unfortunately my children's real dad has gone back to his country, he was on student visa doing his masters back then when we were dating... he went back as soon as he finished but we never got married.... so therefore, my children don't have any status....that was what I meant by been stateless....thanks alot I am really and truely grateful...Rgds...
Posted: Sun May 16, 2010 5:57 am
by troubled
If your children were born in uk and you have your PR,you can register them using MN1 form.There is nothing to worry about with regards to your husband, just register your kids by virtue of the fact that you got your PR.
Posted: Sun May 23, 2010 8:13 pm
by mrlookforward
Iesha wrote:@ mrlookforward, thanks alot for your prompt reply, I already had 2 children from previous relationship before I got married to my husband... My husband also has kids back home in paris... unfortunately my children's real dad has gone back to his country, he was on student visa doing his masters back then when we were dating... he went back as soon as he finished but we never got married.... so therefore, my children don't have any status....that was what I meant by been stateless....thanks alot I am really and truely grateful...Rgds...
Hi, Sorry for the delay. Here are all the links that you need
You need to apply for naturalisation when you meet all the conditions, the fees at the moment is £ 735, but do check it before you apply.
http://www.ukba.homeoffice.gov.uk/sitec ... orm_an.pdf
http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf
For your children, there is a different form. The fees will be £470 for the first child and £97 for the additional child.
http://www.ukba.homeoffice.gov.uk/sitec ... rm_mn1.pdf
http://www.ukba.homeoffice.gov.uk/sitec ... de_mn1.pdf
You also need two copies of payment slip, one for your application and other for your childrens application.
http://www.ukba.homeoffice.gov.uk/sitec ... 060410.pdf
You already have PR, but your children have no documentation, so I would suggest that you make applications for them first, and get their registeration certificates.
Posted: Fri May 28, 2010 11:27 am
by Iesha
Hello mrlookforward, Thank you very much for everything....you have been very helpful....God Bless...
Regards...