ILR Premium Service Application-will our application be classed as "straightforward" as required ?

[shalona]

Hi
I read on UKBA site that it's OK to put in a Premium Service Application for ILR & to appear in person & have decision the same day at an application center so long as it is considered a "straightforward" application.

Would the fact that my step daughter will be legally adopted by myself already before my wife applies for ILR this coming April mean the application is still classed as straightforward ?

My own understanding is that my step daughter will no longer have the same immigration status as when she first arrived in the UK (i.e. as a dependent on my wife's LTR visa) and as such now my step daughter has her own right to stay through me being legally recognized under UK law as her parent / step father & her therefore havingf full legal status to stay in the UK indefinitely already before my wife applies.

Hope you can cast some light on this
thanks

[sars_notd_virus]

If the adoption was finalized BEFORE the ILR of your wife then your stepdaughter doesnt need to apply.

[Terpe]

Here's my take on this....
...if you, as a British Citizen, have an adoption order made in a UK court then your stepchild automatically becomes a British Citizen.
You may apply for her British Passport.
You'll need to submit the UK Adoption Order in addition to other evidence including your birth certificate and that of your wife.
Your wife still must follow the ILR route then British Citizen Naturalisation after 3 years living in UK as spouse.

See here - British Nationality Act 1981 - Chapter 61 - Section 15 (Acquisition by birth or adoption) para 5

...Where after commencement an order authorising the adoption of a minor who is not a [F65British overseas territories citizen] is made by a court in any [F66 British overseas territory] , he shall be a [F65British overseas territories citizen] as from the date on which the order is made if the adopter or, in the case of a joint adoption, one of the adopters, is a [F65British overseas territories citizen] on that date.

With something as important as this you need to have professional confirmation.
Either contact the Passport Office, the court that issued the adoption order, or UKBA.
Or all three.

[bhem_bhem]

hello shalona, may i ask how you did your adoption? I apologise I have to post it here, I can't send you private message. thanks.

[shalona]

Thanks for your replies Sars and Terpe so much & agree with you Terpe on taking professional advice to triple check & also see what the various authorities say. However am pretty certain its ok. Bhem -adoption process is normally commenced by contacting your county council family & children dept who then liaise with the regional adoption agency. Ciao & thanks

[bhem_bhem]

thank you shalona.

[andy222]

Good thread I have learned a lot from this. I will be applying to adopt my stepdaughter after 6 months of her being here.