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Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My mother a South African Citzen married a British Citizen

Resolved Question:

My mother a South African Citzen married a British Citizen in 1967. From this time on he became my legal guardian and my father. He raised me,paid for my education etc. My mother obtained British Citizenship in 1986.
My mother has since died but my father and I are still very close with a father daughter relationship. We currently both reside in the UK but I am of course on a visa. Any chance I would be elegible for a british passport?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question and detail you have provided.

I note your question regarding citizenship which I will answer but gor clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What visa are you in the UK on?
2. When did you enter the UK and on what visa
Kind regards.

Tom
Customer: replied 2 years ago.

On a Tier one with my husband

Entered in September 2010 so are due to renew soon.

Expert:  Thomas replied 2 years ago.

Hi

Thanks for your reply.

I am afraid that the fact that you had a British Step parent who because you legal guardian along with your mother does not afford you a right to citizenship I’m afraid.

There are provisions in place for children adopted by British adoptive parents to apply for citizenship but this does not also apply to step-children, rightly or wrongly (I am sure you consider it wrongly).

If you were a minor and your mother and natural father had passed away and your stepfather took over sole responsibility then he could certainly apply for leave to remain for you so that you could have travelled here and then naturalised, but obviously this is not the case here.

Instead you will have to focus on renewing your Tier 1 visa and remaining observing the conditions of your visa and naturalise after you have reached 5 years in the UK and meet the criteria on the following page:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/
Please note in particular the time outside the country provision on the above link.

I am sorry I could not have better news for you.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6522
Experience: BA (Hons), PgDip, Practising Solicitor
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