Can my wife's daughter apply for UK citizenship?

[debeers]

Hi,

our current situation is as follows. I am a British citizen, I have been married to my Thai wife for 8 years, my wife has a British passport and we live in London. My wife has a 14 year old daughter from a previous relationship - she lives in Bangkok and the father is Thai. My wife's daughter currently has a 5 year UK Class C visa - multiple entry up to 180 days and visits us in the UK several times per year on this visa.

My question is can we apply for British citizenship for my wife's daughter, or do we need to apply for Indefinite leave to remain for her first, or another type of visa? She is currently in the UK and so we would like to make the application from the UK.

Any help or advice would be greatly appreciated.

Many thanks.

[7by7]

Simple answer: no.

Among other requirements she would need to be free from UK immigration time restrictions, i.e. have ILR or the equivalent, and as she is over 13 have been living in the UK for at least two years prior to applying.

So your step daughter would first need to be granted settlement in the UK to live with her mother.

She cannot apply for this whilst in the UK as a visitor, she would need to return to Thailand and do so there.

One of the biggest hurdles to her being granted settlement is the fact that she lives in Thailand and her mother has lived in the UK for at least three years (otherwise she would not have been able to be naturalised as British), possibly longer.

Therefore your wife will have difficulty in showing that she exercises sole responsibility over the child and has done so for a substantial period. If the child lives with her father or members of his family this requirement will be virtually impossible to satisfy.

[bobrussell]

The only thing that springs to mind would be settlement based on the best interests of the child. Are there compelling reasons for the child to live in the UK with the mother?

Very, very difficult to convince UKVI to even consider best interests of the child let alone for it to lead to settlement. Other than this the barrier is going to be as stated by 7by7.

Another possibility, if funds allow, would be for the child to be educated in the UK (Tier 4 Child student visa). This could only be private education though. Once living in the UK, with the mother it could eventually open up other routes to citizenship.

[tonyk]

The child can apply for settlement while in the UK on a visit visa using form SET(F)

[7by7]

Are you sure?

The current (August 2015) version of SET(F) states

If your last grant of leave was not issued under Paragraph 281, 284, 295A or 295D under Part 8 of the Immigration Rules you MUST NOT apply using this form. If you have not had leave under one of these categories and apply using this form you will be refused indefinite leave to remain under the Immigration Rules.

Visitors come under part 2 of the rules.

Even if it is possible, there is still the sole responsibility hurdle to be overcome.

[debeers]

Many thanks for the reply - a tier 4 visa is a possibility, we shall look at that.

[7by7]

See Tier 4 (Child) student visa.

But I'm not sure if the holder of a Tier 4 (Child) student visa can apply for ILR in the UK.

All my research suggests not; but I'd be happy to be proven wrong.