Step Children

[Br28016]

Can step father apply for non-eea children to settlement scheme as guardian/Parent or does it have to be mother (non eea as well but she will only qualify for pre settled ?). Step father is relevant person of Northern Ireland so if does application then children should be able to get settled status.

As step father have parental responsibility agreement for children and father is not in picture (one with father on birth certificate and father has since died and father is missing on other child birth certificate).

Immigration rules I believe treat step father as father in the case where father has died although not so clear where father is missing.

Parental responsibility agreement I believe gives same rights as guardian although not a guardian order.

[kamoe]

Can step father apply for non-eea children to settlement scheme as guardian/Parent or does it have to be mother (non eea as well

If the mother is non-EEA (regardless of whether she has Settled or Pre-Settled status) she cannot act as the sponsor. The Relevant EEA will be in all cases, yourself.

As step father have parental responsibility agreement for children and father is not in picture (one with father on birth certificate and father has since died and father is missing on other child birth certificate).

Immigration rules I believe treat step father as father in the case where father has died although not so clear where father is missing.

Parental responsibility agreement I believe gives same rights as guardian although not a guardian order.

As you married to, or in a civil partnership with, the mother?
How old are the children?

[kamoe]

Never mind. I just saw your other posts where you describe your situation as married.

If both children are under 21, their applications need proof of their relationship to their mother (birth certificate), then proof of her relationship to you (marriage certificate). That's all. No need to have guardian order to prove their relationship to you directly, since they already meet the requirement of being your spouse's children:

You can also apply if you’re related to an EU, EEA or Swiss citizen, their spouse or civil partner as their:

child, grandchild or great-grandchild under 21 years old

Again, in all three cases the sponsor is YOU, since you are the only EEA national in the picture.