Over eighteen adoption and UK citizenship - is it possible?

Did you see this website?

I am American, and I think the over 18 years old adoption here in the US would not help you in becoming a citizen if I take an educated guess. I don’t know how the UK would look at it. But, there are probably other routes you can explore if his adopting you does not help.

Did you call immigation services and ask?

Have you asked at the British Consulate? That is where we got answers on applying for British citizenship. Your case is a somewhat unusual one.

@JLeslie, I’ve looked at that website for hours! After awhile, you feel as though it answered your situation – and then after reading the next paragraph, it totally contradicts your previous feeling!

Would adoption work in a similar manner as marriage? He married my mother in the USA, but that would be recognized in the UK. Is it wild to assume the same recognition could be given to my adoption?

@janbb I have also thought of that – we talked about it but thought they would not see us if we went in. Did you call them, or go in personally for information?

Also, this situation seems as though it would be quite straighforward if I was under 18! As far as I can tell, if he had adopted me at that age I would automatically gain eligibility for citizenship.
I would be able to qualify for leave to remain, as a dependent relative, however neither my stepdad nor mother are currently permanently settled in the UK. That crosses out that option for me. Because they plan to move there, going back to the USA is not really an option for me. I would have no family in the USA once they move to the UK. My student visa expires at the end of my studies in 2013, before they would be due to move so I am hoping something can be done to keep me there other than gaining leave to remain once they are actually there.

@NurseG I was just looking at the site again and here it talks about children under 18. So I think once over 18 you are no longer a child.

In America that your parents are married would not matter regarding you trying to get citizenship, because of your age. Even 5 year olds have to apply to become Americans it does not happen automatically, but it is pretty sure it will be granted of course. I hate to say that most likely you all waited too long for that avenue.

Once someone is an adult they are usually on their own. The exceptions are marriage and parents usually. For instance my husband was able to sponsor his parents, but could not sponsor his brother.

Did the site have a phone number to call? I didn’t search for it. I would just call and see what answers you can get. I call our immigration department when I have questions about my inlays applications and status.

Oops, I did not see your post while I was writing. You said some of what I said, sorry for that. What are you studying? Why can’t you stay on a work Visa, and eventually apply for citizenship?

It sucks. Your mom as a British Citizen because she is married to a Brit might have been able to file for your citizenship even without him adopting you. Not sure if she would have had to have been living in the UK or not?

Did your parents explore any of this for you in years past?

I could stay on a work visa, however obtaining a job in this climate is far from certain. I am studying law.

Since my step dad is a citizen, I was hoping I could find some way in which that could benefit me. That would result in a much more direct route to potentially gaining citizenship or naturalizing there.

They also have an “ancestry” visa which is available for five years, with an option to gain indefinite leave to remain afterwards. This would be an agreeable option for me if it is possible. If the US adoption were recognized in the UK, it would make my step dad my legal father which should result in activating the ancestry requirements.

However, if that were to be possible, and I was recognized as his legal daughter, as a British citizen it would pass to me as well since I would be a legal “daughter” so to speak.

This is how I have interpreted most of their rules – and after going through the student visa process for many years I have learned it can be pretty hairy. I’m not sure if I am wrong about the whole thing or not.

My mother is still a US citizen, and I believe she would have to be living there – which is not possible due to her work commitments.

I have discovered when working with government agencies, it is not up to the customer to try to interpret the regulations, because the agents are professionals and supposedly experts at what they are doing. You must ask them directly to get an accurate answer.

I would guess your mom will always be a US citizen. Do you mean she is not a British citizen?

I guess the ancestry rule might apply, but it seems like a stretch. They will likely require you to submit the adoption papers which will reveal your age at the time of adoption.

I know this is probably obnoxious of me, but at the time of you applying for school in the UK, didn’t you and your family consider all of this? You could have gone to school as a citizen rather than on a student visa.

Well, it is not always possible to predict every possible event in the future. At the time I went to the UK I was 16, and didn’t even know if I would want to stay or for how long.

It would be great to turn back a few years, but I am trying to work with what I have to work with in the present.

At this hour I can’t call any relevant agencies, which is why I came here hoping to seek some helpful advice.

The UK also offered a “Post study work visa” which grants a graduate two years to live in the UK in order to find employment. As of 2012, they are abolishing this particular route. Obviously this has been quite devastating to my plans, since I will graduate a year after this option is abolished.

It’s the wee hours where you are. Give the UK a chance to wake up, log on, and see your question. You might get some better, more specific advice. Good luck :)

I just thought of something. Any chance you are 1st or 2nd generation Italian-American? Italy gives ancestry citizenship to children and grandchildren and so might Germany? Not sure. Maybe some other countries. And, then I am thinking you will have a European passport and things get easier. Just a thought.

Thank you. I don’t have any connection to Italy, but my grandmother’s parents were German. I would imagine that is going back a bit too far though.

I vaguely remember a question on Fluther that brought up Germany. I’ll look for it. It might have started with Ireland? I’ll look.

I kind of remembered the question incorrectly, here it is. But, some of those people who answered will probably see your question soon and answer you as Europe wakes up.

The rules are different for different countries so rules in Germany would not apply to the UK. My kids were able to take out British citizenry (and keep their American) after 18 because their father is British. I am not nor could I easily become a British subject.

I think in your case with an adoption after 18 it could change things. Again, Isuggest you talk to the British Consulate. i would call them first and see if you can make an appointment to go in and talk to someone.

I just looked up the Home Office website, which put me on to Immigration and Passports. You are over 18, but can still apply to be with your family in the UK, but you would be applying as a ´family member´ because ´child´ is defined as under 18.

Here is the website page: http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/

The form you need is SET(F). They need to be living there at the time of your application, it seems, but you can ask if it is still possible to fill out one of these forms with some explanation that your parents will be moving there, and you will be a dependent adult of them. He may, or may not even have to adopt you, but I would talk to the department of the Home Office and find out.

Thank you all for the suggestions – I called the consulate today and they gave me a phone number for a nationality specialist connected to the UK, called them but I am waiting to hear back. I had thought that the SET(F) might also be a possibility, so I will look into that. I read some scenarios where step children qualified under the SET(F). I definitely am 100% dependent on my family.

Let us know what happens. Stick around Fluther. It’s a great site.

Hi there! I followed this with interest as we are in a similar position, only I am the British step mom and have brought up my step daughter since she was 8. She hasn’t seen her mom for two years as their relationship broke down. I would love to know the number of the nationality specialist if you still have it.