Is My Daughter Eligible for Citizenship?

[pupammy]

I am Thai, and became a british citizen last year. I'm married to a British man by birth.

I have a daughter, who is 13 years old. She currently lives with my mother, her Grandmother. I split with her Father when she was born, and I am sole guardian parent of her, with Thai documents proving this. She regularly visits the UK, and has a 5 year Visa to do so. She would like to live here now and be a citizen.

I've read through guidance notes on MN1 and can't seem to match this case to any of the routes.

So: Is she Eligible? Which route would we need to take?

Thanks in advance.

[CR001]

No, she is not eligible for Citizenship.

She can apply for a child settlement visa on VAF4A. You will need to show proof of sole responsibility.

As an older child she needs at least 2 years residence before the next step in the immigration process.

Does her fathers name appear on her birth certificate?

[pupammy]

Yes, her Father's name does appear on the birth certificate.

However, in her first year she had a name change back to my maiden name, and a sole responsibility document was produced.

Since then, the sole responsibility document has been used several times, including in applying for a UK Visa.

This seems surprising that she cannot get citizenship alongside her only legal parent.

[CR001]

Nationality law doesn't work like, i.e. in retrospect just because you have it, especially for an older child where a period of residence is required.

If you had become British before she was born, she would be British.

You have become British after she was born and she doesn't even live in the UK. She needs to reside for about 2 years, then she can apply to register which would be an application at discretion. As she is over 10 years of age, she would need to meet the good character requirement too.

Best you can do for now is apply for a child settlement visa (typically she should get Indefinite leave to enter), wait a couple of years and then apply for her citizenship before she turns 18.

[noajthan]

Yes, her Father's name does appear on the birth certificate.

However, in her first year she had a name change back to my maiden name, and a sole responsibility document was produced.

Since then, the sole responsibility document has been used several times, including in applying for a UK Visa.

This seems surprising that she cannot get citizenship alongside her only legal parent.

Your foreign-born daughter is not British but she may aspire to British citizenship.

Note Minors in UK are registered as citizens (not naturalised).

You may bring daughter to UK (on appropriate visa) &, after following due process, you may apply to register her as a citizen if she is still a minor;
(i.e. still under 18 years of age).

As daughter is foreign-born this registration is at the Home Secretary's discretion - under Section 3(1) of BNA.
It is very helpful that you have sole custody, that will help your case.

Note An older teenager will be expected to show her future lies in UK after residing for 2 years or more in UK.
She will also be subject to the 'good character' requirement.

Good luck.