Another question regarding British Citizenship...
 

*sigh* there is a never ending amount of questions!

I've asked before in another post, but have yet to receive an answer.


My 2 older sons father is deceased... I read somewhere in the UK immigration documents online ( at least I am sure it was on the Home Office site ) that because my sons father is deceased that my husband ( british cit ) under British Law becomes their Legal Guardian ( not the terminology used but close enough ) I need verification of this, because if this is the case, do my sons qualify for british passports and would they be considered british citizens... does my husband have to adopt them?

Re: Another question regarding Citizenship...
 

Hmmm..tricky one..but i did find this :

http://en.wikipedia.org/wiki/British...ip_by_adoption

Good Luck :)

Re: Another question regarding Citizenship...
 

Considering he doesn't even have the K1 visa in his passport, and you don't even have a British husband yet.... ?

Anyway, under British Law, a legal guardian is not at all the same thing as an adopted parent.
When it eventually happens that you do have a British Citizen husband, your children from your first marriage would not automatically be considered to be British Citizens just because you and he were married.

Re: Another question regarding Citizenship...
 

my fiance is as good as having it, were only weeks away from his interview and we have everything they require and then some.

I was just asking, not looking for you to point out the obvious ( that we arent married yet ) and the only reason I was asking was because I read it somewhere and I was looking for a more accurate answer from someone who might know the answer to that. Its hard enough as it is having 2 older children with a dead father, my fiance and father of my youngest son living 3000 miles away and having to deal with all this Visa bollocks.. if I want sarcasm or condescending replies... i'd just head to NYC and ask some one on the street their opinion.


ps the terminology used was not legal guardian, from the documents I had read it basically called the british citizen their father under british law... i cant remember what they called it, but it was not legal guardian. hence why i turned here to ask. I cant seem to find the document nor can i remember what i had searched to get it and I do believe i just happened across it while I was looking at immigrating to the UK.

Re: Another question regarding Citizenship...
 

Firstly, you're as far away from the interview as the USCIS decides you are, ok? You aren't a special case, and they take their sweet time, and after you've been through this whole process you'll begin to realise that.

Second. I repeat again, (no sarcasm here at all) just because of the fact that your husband (once you're married) is a British Citizen, and may become their legal guardian, it does NOT automatically make your kids from your first marriage British Citizens, unless of course they had a British father.
Basically, you asked, and I gave you the answer to that question in as simple terms as it was possible to give it, you mentioned the term legal guardian, and I was merely pointing out that would not be the same as an adopted parent. If you didn't mean you wanted to know about the possibility of him being a legal guardian and that automatically making the kids from your previous marriage eligiblefor UK citizenship, then the easy way is to not say it in the first place afterall, people can't be expected to mind-read your questions if they aren't clear.

Re: Another question regarding Citizenship...
 

im not going to get into a thread battle with you, but I think my questions were pretty clear, if you misconstued them, thats no fault of my own. You're one person I'd appreciate didn't offer your words of wisdom though, but thank you anyways.

Re: Another question regarding Citizenship...
 

BUT your new Brit Dh could adopt them and get them citizenship, expensive, but if you are all going to UK to live probably worth it, maybe?

Re: Another question regarding Citizenship...
 

Yeah I was reading up on the adoption immigration and it just seems like the UK would be trying to litterally rip our teeth out just to prove he didn't adopt them to get them into the UK for benefits. Regardless of whatever wonderful benefits the UK has to offer someone of the lower class tier I am by no means upper class or scratching middle class in america.... if anything, I would just want my older 2 to have the same oppurtunity as my newborn, the chance to have a better education and to be able to travel the UK. But with the revamping of the immigration into the UK and the stipulations they have on the whole adoption thing, it seems almost more of a hassle.

How do you prove that your husband didn't adopt them for the benefits? Because under British Law, they'd be entitled to the benefits ANYWAYS because they would be british and not subject to immigration control right? In the end, I'd be the only one who'd be under immigration control and I'm not entitled to anything over there anyways.

Oh hell I dont know anymore, this has been a long long process and it hasn't been very easy. James and I only want to be together and to raise our family, I could care less if it was in the pit of volcano, just as long as we were all together.... Id live and work in a sweat shop making 3p an hour if it meant I could go home to my sons and James every day. Maybe I am jumping ahead... but I keep saying, the more I learn, the better prepared I will be if it happens *sigh*

Re: Another question regarding Citizenship...
 

I don't think you're going to have a problem registering your kids as UK citizens if your soon to be husband adopts them.

Here are the requirements:

http://www.ind.homeoffice.gov.uk/bri...adoptedabroad/

Re: Another question regarding Citizenship...
 

thank you, I found this.... http://www.ukba.homeoffice.gov.uk/ukresidency/eligibility/partnersandchildren/childpermanentresident/


You may bring your child to the United Kingdom if you can show that:

* you currently live and are settled in the United Kingdom legally, or have permission to come here to settle, with no time limit on your stay;
* you have adequate accommodation where you can all live without help from public funds (see Rights and responsibilities for more information on what this means); and
* you are the child's parent - this includes the stepfather or stepmother of a child whose father or mother is dead, both the father and mother of an illegitimate child, and an adoptive parent in certain defined circumstances



This is the part I need clarification on...I understand there is a need for a visa in this case... but which one... lol I am assuming it would be Family based Visa versus the adoption one....Thank you Marty for pointing me back in this direction! It makes it so much easier to know where to turn to in this instance!:thumbsup:


then i found this :)

http://www.ukvisas.gov.uk/en/howtoap...milymembers#Q2



Can I go to live with my parents in the UK as a child?
You can apply to join your parents in the UK if:

* your parents live in the UK legally, with no time limit on their stay, or they are applying at the same time as you
* one parent is living and settled in the UK or is applying for settlement at the same time as you, and has had sole responsibility for looking after you
* your parents can support you without help from public funds
* your parents have enough accommodation, which they own or live in, where you can live without help from public funds, and
* you are their child.

For all of the above, ‘parent’ includes a step-parent where the father or mother is dead, either the father or mother of an illegitimate child and, in certain circumstances, an adoptive parent


Again Marty thank you!


I was wrong in stating there was different terminology but I knew that somewhere it stated that my husband, a step parent, would be a PARENT, none the less because my sons biological father is dead.

Re: Another question regarding Citizenship...
 

The point here is that you would have a time limit on your stay if you moved over there as soon as you were married. You would be given permission to live and work there in the UK for two years, could apply to have it lifted after that time.

Re: Another question regarding Citizenship...
 

Yes, but the children would also have the same visa, and they could become permanent residents and British citizens ultimately.

What people need to understand is that there are normally two ways for the children (in a situation like this) to get British citizenship:

1. Adoption by the British citizen step-parent + an application for British citizenship before age 18. There are some other requirements, eg British parent must normally be born or naturalised in the United Kingdom.

2. Move to Britain with the children, then sooner or later (if they remain and get permanent residence etc.) they will be eligible for British citizenship by registration or naturalisation in due course.

Re: Another question regarding Citizenship...
 

I don't want to get into some kind of timewasting nitpicking here JAJ so I won't respond further to you on it, but the OP's original question was if her sons from the first marriage "qualify for british passports and would they be considered british citizens"?

The answer to that at this moment in time, and at the time of her wedding when it occurs is, "no".
It seemed that what she was driving at is, do they automatically become British Citizens, or be considered UKC's just because she got married to one herself. The fact that she used the word "do indicated that she was thinking in present tense.
I'm sure you know that the mother herself would be subject to a 2 year time limit when she enters the UK, and a qualifying period after the marriage before she could even apply for naturalisation.
The key words in your message I think, were "in due course".

Re: Another question regarding Citizenship...
 

I am aware of the UK immigration process for a spouse/fiance as it was the initial intended route for my fiance and i. we were going to immigrate there but they were too bloody expensive and offered no refunds in a denial.

I was questioning whether or not my sons would be entitled to a british passport after marriage or would we still have to immigrate on the same kinds of visa's as initially researched. I only asked because sometimes the british way of wording is confusing... i assumed that due to their fathers death, my fiance would become thier legal parent under british law/terms because of the way it was worded, which sparked my curitosity as to whether or not my children would be entitled to british passports.

Re: Another question regarding Citizenship...
 

Is the US much cheaper? and for sure there is still no refund after denial.