Stepson entered UK aged 16 on Dependent Visa, will be 19 when reapplying

[Asawa99]

I am British with a Filipino wife. My wife was granted Temporary Leave to Remain earlier this year. Her son (my stepson) was granted TLR shortly afterwards as a dependent of my wife. They are both living with me in the UK, and have BRPs. I believe we will have to apply for TLR again in 2019 (from the UK this time), and then apply for ILR in 2022, then citizenship shortly afterwards. My stepson was 16 when he entered, but will turn 17 soon. His father is deceased and my wife and I are his only parents. I have been supporting him for seven years.

I am not clear about whether my stepson will be able to get the second TLR, or ILR, as a dependent of my wife, because he will be over 18 by then. Is there a risk that his application would be declined simply because he turned 18 whilst living in the UK, even though his dependent visa was granted while he was 16?

Also, I want to adopt him. I wanted to do this when my wife and I first married, but until we all came to the UK this year he was living at my wife’s house in the Philippines with his aunt, while my wife and I were both working in a third country, so adoption was not feasible. But now we are living together in the UK I believe I could legally adopt him before he turns 18. Would this have any effect on his ability to renew his TLR?

[CR001]

It is not 'TLR', it is 'limited leave to remain'.

It is a Spouse Settlement visa, extendable on form FLR(M).

As long as he is not living an independent life, he should be fine for extension and ILR.

I believe that if you adopted him, he would be British and wouldn't need a visa (I do stand corrected on this though).

[Asawa99]

Thank you CR001. Your comments are very helpful!