# Citizenship for step children?



## Aliana (Nov 8, 2011)

Hi, 

I am searching for this info all over the web but I am very confused. I didn't understand the UKBA info either. 

Like I have said before, I am Mexican and married a British man. We moved to UK about 7 months ago with my children from a previous relationship. 

From what I am reading, my children would not be able to apply for British Citizenship unless they were adopted by my husband? or am I understanding wrong? 

I know I still have a long way and would need to go through ILR, etc. but need to plan the future a little bit.

Thanks in advance.


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## Crawford (Jan 23, 2011)

Aliana said:


> Hi,
> 
> I am searching for this info all over the web but I am very confused. I didn't understand the UKBA info either.
> 
> ...



What nationality is the children's biological father?


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## Aliana (Nov 8, 2011)

The father is Mexican.

TY.


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## nyclon (Apr 3, 2011)

I believe your children follow the same path to ILR and citizenship as you do.

From the UKBA website re ILR:

_"Can I include my dependants in my application?
You can use one form for a joint application by you and any children aged under 18, if they are applying as your dependants. Children over 18 must apply separately, using application form SET(F)."_

and the link:

http://www.ukba.homeoffice.gov.uk/v...ement/applicationtypes/applicationformset(m)/


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## Crawford (Jan 23, 2011)

Read the following publication:-

http://www.ukba.homeoffice.gov.uk/s...mationleaflets/bnchapters/bn9.pdf?view=Binary


Page 3 (Reference 8) Adopted children.

From my understanding of this paragraph is appears the children become British citizens from the date a court makes the adoption order.


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## Aliana (Nov 8, 2011)

Thanks, the problem is we are not thinking about adoption, that's my worry.


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## nyclon (Apr 3, 2011)

Crawford said:


> Read the following publication:-
> 
> http://www.ukba.homeoffice.gov.uk/s...mationleaflets/bnchapters/bn9.pdf?view=Binary
> 
> ...



This does not have anything to do with your situation. This has to do with with British people who adopt children whether as a couple or singly, not the children who may or may not be adopted by the spouse of their non-British parent.

Please see the link I provided above. Your children follow same path as you do.


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## Crawford (Jan 23, 2011)

Oh dear....sorry for apparently wrong information.


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## Joppa (Sep 7, 2009)

If a UK court makes an adoption order, then foreign child who is adopted by a British citizen automatically acquires British nationality and can apply for passport by enclosing their adoption order and adoptive parent's birth certificate. So if the OP's children get adopted by her British husband, then they automatically become British. Their mother - OP - has to live in UK for three years and apply for naturalisation. 

Beware that adopting foreign children even if you are married to their mother isn't straightforward and can take some time, as inquiries have to be made about their other natural parent and the social services have to prepare a pre-adoption report about the suitability of adoptive parent. The court needs to decide if adoption is in the children's best interest. You definitely need a solicitor specialising in family cases. Adopting children from abroad even if you are married to their parent is called intercountry adoption and extra checks and considerations become necessary. And the legal and other costs can mount up.

If you have no plan or wish for adoption, the children if under 18 can be included in your naturalisation application (i.e. submitting joint applications), as nyclon says.


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## Crawford (Jan 23, 2011)

Joppa said:


> If a UK court makes an adoption order, then foreign child who is adopted by a British citizen automatically acquires British nationality and can apply for passport by enclosing their adoption order and adoptive parent's birth certificate. So if the OP's children get adopted by her British husband, then they automatically become British. Their mother - OP - has to live in UK for three years and apply for naturalisation.
> 
> Beware that adopting foreign children even if you are married to their mother isn't straightforward and can take some time, as inquiries have to be made about their other natural parent and the social services have to prepare a pre-adoption report about the suitability of adoptive parent. The court needs to decide if adoption is in the children's best interest. You definitely need a solicitor specialising in family cases. Adopting children from abroad even if you are married to their parent is called intercountry adoption and extra checks and considerations become necessary. And the legal and other costs can mount up.
> 
> If you have no plan or wish for adoption, the children if under 18 can be included in your naturalisation application (i.e. submitting joint applications), as nyclon says.



Aaha ...... sounds like there are a couple of options in order to do this. Adoption or through the standard naturalisation process.


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## Aliana (Nov 8, 2011)

Oh, perfect, I was getting worried because everything has been very complicated in this process and sometimes I don't understand the UKBA website. 

What happens if one of the kids is 18?

Thanks again


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## Joppa (Sep 7, 2009)

Aliana said:


> Oh, perfect, I was getting worried because everything has been very complicated in this process and sometimes I don't understand the UKBA website.
> 
> What happens if one of the kids is 18?
> 
> Thanks again


They normally must qualify in their own right and not as dependants. It means passing Life in the UK test, meeting residence requirement and be of good character (free of criminal record etc).


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## nyclon (Apr 3, 2011)

As I pointed out in my previous post:



> I believe your children follow the same path to ILR and citizenship as you do.
> 
> From the UKBA website re ILR:
> 
> ...


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