Mossfinn

Hello again Scouse and Vinny,

Thanks for your replies, as my last reply thanks for support.

I have taken note of the links and will have to just play it by the numbers now and hope that the usual processes will suffice.

Vinny, she is only just 16 at present, so we still have a certain amount of time to finish the process.

My next option is to e-mail and fax the Embassy and ask for an explanation and then try and locate an office that supposedly deals with corrections to incorrectly issued visas.

Don't be surprised if you get further posts regarding this issue.

Best Regards

Moss

P.S Vinny,

I forgot to mention, yes my wife had indefinate leave at the time of application of my step-daughter.

Thanks for support Roamer and the the Gent,

At the end of the day here, this is just a pain in the rear and thankfully a few people have put in a lot of time to help put others mistakes correct.

Other people have had much worse results, all this has cost me is inconvenience, time and a possible monetary implication.

But thanks again for support.

Moss

Hi Scouse,

I have just sent you? hopefully the passport picture, to your PM, let me know if this works!

Thanks

Moss

Hi Scouse,

I apologise for my lack of posting the stamp, but I appear to be a little technologically inadequate!!,

I have had it scanned but still appear to be unable to insert it into a post.

I will endeavour to try again until I succeed.

I really did not mean to cause so much hassle but thanks for all comments by eveyone.

Regards

Moss

We did try finding the NCS, heaven knows where you get all your links from?, but finally found there wasn't one near us, so we used the solicitor to check the forms as well as endorse the passports, although not that expensive it is cheaper using the NCS.

Whilst there, I enquired regarding the anomaly of the visa stamp that I requsted help on in previous posts.

His view is that it is an Embassy mistake! and that my daughter should have been given the same status as my wife, echoes of previous posts, an ILM stamp should have been issued and the life of the actual passport is irrelevant.

I questioned this again and again, stating a friend of my mine in very similar circumstances has had the same stamp issued, he is a brit national, his wife has an ILM stamp and the daughter got a visa to the end of the life of the passport.

He was a bit flustered at this, so went and checked with a senior colleague and he verified that an ILM in line with the mother should have been issued and that it was a mistake by the Embassy.

I stated it had to be a conscience decision to issue a visa to the end of the life of the passport as both examples would be an incredible coincidence, the visas were issued at different times, with weeks in-between.

This would suggest, if the solicitor is correct, and your previous posts, based on my limited info corroborates that the Embassy are issuing incorrect stamps.

The solicitors view is that Citizenship would not be granted to the daughter and that I should contact the Embassy for clarification, easier said than done, when it is easier to get an audience with the Pope that get through to the IND helpline!!

Continuing to endeavour

Moss

Hi Roamer,

Thanks for the reply, I also can forsee problems ahead and this is the reason for requesting help on this forum and recieved considerable replies.

I am trying to send a copy of the stamp to Scouse so he can see it, but its good to hear that under 18's do not recieve ILM stamps but this will as you have stated will lead to confusion.

No confusion about the use of daughter/step-daughter, I call my step-daughter, daughter as a matter of course but for this forum used step-daughter for clarity purposes only.

Also good to hear about the speed of response, 10 days, I am not taking the chance and having the passports endorsed by a solicitor and not sending the originals, but it might not matter what I do until I get this whole stamp thing cleared up.

Regards

Moss

Hi Scouse,

I havn't forgotten, I will almost certainly post or e-mail tomorrow a copy of the visa.

The problem being I am not at work at the moment, as an aside, I have actually caught TB, but not in Thailand over a period of many visits, but in Oxford.

Its hardly comprehensible.

All the checks that they do at airports from certain areas and I catch it on the streets of Oxford.

Anyway thanks for your help I'll send tomorrow.

Moss

Thanks for that Scouse

I have no problem in doing either, as soon as I work out how to do it, I will do one or the other.

Thanks

Moss

Hi Mossfinn,

Things are a little clearer. When your step-daughter arrived in the UK, was there any date on the visa by which she had to leave the UK (it'll say something like leave to enter until (date))? If so, has she since been granted an extension by the Home Office? Alternatively, did the visa grant your step-daughter indefinite leave to enter the UK?

If the former, then what is the time limit on the current endorsement in her passport? If the latter, then she has indefinite leave to enter and can freely come and go to Thailand as long as she doesn't spend more than 2 years outside of the UK. Additionally, she might well then qualify for registration as a Brit. cit.

Cheers,

Scouse.

Hello Scouser

The visa is an Entry Clearance, with a valid until date of 10/04/07, this date simply corresponds with the date the passport needs to be re-newed.

There has been no extension and there is no indication of an indefinate leave stamp.

Thanks

Moss

Hello All,

You are all putting in an inordinate amount of time on this, mainly due to my ignorance, for that I am very grateful.

Regards

Moss

See also Registration of any minor, under Conditions of stay, (9.15.25 to 9.15.28). It may still be possible for your step-daughter to be registered as a UK citizen even though she does not have ILR.

Conditions of stay

9.15.25 We should normally expect a minor to be free of conditions of stay because the future of a child whose stay is restricted does not clearly lie here (see 9.15.2). Registering a minor who is on conditions has the effect of cancelling their conditions because, on becoming a British citizen, the minor would cease to be subject to immigration control.

9.15.26 We should therefore normally refuse an application for the registration of a minor whose stay in the United Kingdom is restricted to a specific period.

9.15.27 But if one or both parents are British citizens who have come to the United Kingdom to live permanently, then this may be less important, if:

a. the minor meets the other normal criteria for registration set out in 9.15; and

b. the parents meet the criteria set out in 9.15.9-13 above, then we should consider whether registration would be appropriate.

9.15.28 If the minor is on restrictions but otherwise meets the normal criteria for registration, we should consult the relevant immigration CMU to see if they wish to remove restrictions. If they do not, we should consider their reasons before deciding whether to approve or refuse registration.

My step-daughter wishes to do a years study in Thailand when she finishes her GCSE's in June and then come back for further study here after that.

Is your step daughter in the UK on a student visa? No, on a Visit to join mother

Does your wife have the day to day responsibility for the child? Absolutely

Does your wife have sole custody of her daughter? Absolutely

I'm just wondering why your step-daughter's immigration status was not in line with her mother's when she first came to the UK 30 months ago. Unsure of this, except the Mother has been here for 5 years and 2 years before the daughter actually didnot come even though a visa had been granted.

Perhaps they were covering their options?

Regards

Moss

Thanks again for all replies and advice, I was a little confident about getting Brit. Cit. for both but am not so sure now although mother has ind. leave. the daughter only has a visa to visit mother, so Brit Cit. will be refused and we will continue to have to get a visa whilst she studies next year.

I was hoping to get Brit. Cit processed at least before she left for Thailand and would be granted before she was due to return to UK.

Oh Well!!

Thanks again for help and advice,

Moss

Thanks for that GU22 and everybody for their advice,

I was about to put my dunces cap on and ask what the difference is between residency and naturalisation, but you have answered this already, so thanks for that.

Can I ask one more quesion?

My step-daughter wishes to do a years study in Thailand when she finishes her GCSE's in June and then come back for further study here after that.

Does the same rules for cumulation of days residency in any one year apply for children/students as they do for adults as stated in the AN (NEW) forms and will it be a nightmare or just impossible to get her back to stay.

Thanks for any advice.

Regards

Moss

Hi Scouser,

Just checked the form, the wifes form definately states naturalisation as a British Citizen and the words used in the children section is called 'register as British citizen', so I think you are right.

Regards

Moss

Hi Goodguy,

I am using form AN (NEW).

I presume this is new from the rule changes of Nov 05 where applicants have to take a Citizenship test.

I believe you are right there used to be a separate form for children called an MN1 but the new form incorporates it.

To answer your question my wife has been in the UK for 5 years and my step-daughter for 30 months, so still not sure if this will turn out OK as she has not been here for three years, but perhaps it will work out.

Thanks

Moss

Thanks samran & GU22

I am new to the site only found it on a search yesterday, will look on past posts, but thanks for very prompt replies.

Thanks, again

Moss

Hi every one,

I am in the process of registering my wife and step-daughter with British citizenship and am wondering whether this will compromise her Thai Nationality.

Does Thailand recognise Dual nationality because I have seen differing reports, some say yes others say no.

Any ideas

Regards

Moss