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As soon as your wife gets ILR she can then apply for citizenship as the spouse of a British citizen. She does not have to wait a further 12 months.As I understand it my wife will apply for Leave to Remain next year and then Indefinite Leave to remain in Jan 2020. And after that she would be entitled to apply for citizenship after one more year, so after Jan 2021. Is that correct?
Are you sure she has ILE? Have you adopted her? As she is not your child, she should have leave to remain in line with her mother and follow the same process as her mother?If so, does my step-daughter have to wait until the same time, or because she already has ILE, would she be able to apply for citizenship five years after arriving in the UK.ie Nov 2019?
Well her visa clearly states Indefinite Leave To Enter.Are you sure she has ILE? Have you adopted her? As she is not your child, she should have leave to remain in line with her mother and follow the same process as her mother?
My case was similar, step-daughter's visa in line with mother's (FLR) and then followed mother through the system to eventually get ILR.CR001 wrote:No, your wife's sole responsibility would not have any bearing on ILE being granted. I think she may have been issued ILE in error, but suggest wait for vinny or noajthan to respond as they might know a bit more.
For example, when I did my spouse visa, my daughter got a visa in line with mine and had to do ILR etc with me as she was my husbands step daughter
Regardless of whether they entered the UK separately, unless the mother held ILR at the time the daughter applied for her visa, ILE should not have been issued as far as I am aware.noajthan wrote:Don't know much about ILE but sense that mother and daughter may have first entered UK at different times (but then again OP mentions Nov 2014) (?)
No, they both applied for the visa at the same time. The applications were submitted together.Don't know much about ILE but sense that mother and daughter may have first entered UK at different times so daughter was given ILE (but then again OP mentions Nov 2014) (?)
No, it would not have any bearing. My daughter's real father was not even mentioned on her birth cert and never even saw her.Would the fact that her real father was never married to her mother and abandoned them during the pregnancy, so has never had any involvement in her life. His whereabouts are unknown, and as there has been no contact in the whole 12 years of her life, he is effectively presumed dead!
And her mother now marrying me and intending to live permanently in the UK not have a bearing?
Should have said 'xxx visa to accompany parent 'wife's name'' or similar.The visa states in the notes :
"Indefinite Leave to Enter to join father (my name)"
Errors do happen even when something is obvious.It was very clear from all the supporting documentation that I am not her real father, so it could not have been a mistake.
No, there is no such 'discretionary decision'.There would be no one else for her to live with in her home country, so maybe it was a discretionary decision?
When wife has ILR and is naturalising.Hammer2001 wrote:So assuming the ILE is correct. What is the earliest date my step daughter could apply for citizenship?
The question of sole responsibility was quite clear in my wife's case and the ILE was granted on this basis.Children who have a parent or parents who are settled in the UK can join them here and be granted indefinite leave to enter/remain directly. There are however several conditions that need to be satisfied before the children can qualify. These are as follows:-
(i) The sponsoring parent/relative must be present and settled in the UK; or
both parents should be applying to be admitted on the same occasion for settlement; or
One parent must be present and settled in the UK and the other should be applying to be admitted on the same occasion for settlement; or
One parent must be present and settled in the UK or should be applying to be admitted on the same occasion for settlement and the other parent is deceased; or
One parent must be present and settled in the UK or applying to be admitted on the same occasion for settlement and has had sole responsibility for the child`s upbringing; or
One parent or the relevant relative must be present and settled in the UK or applying to be admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care.
(ii) The child should be under 18 years of age and not leading an independent life, nor be married and have formed an independent family unit.
(iii) There must be sufficient funds for adequately maintaining and accommodating the child without recourse to UK public funds