Adoptation
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Entry Clearance For Indefinite Leave to Enter As An Adopted Child Of British Citizen Or Settled Person
According to paragraph 310 of the Immigration Rules, following requirements needs to be satisfied for an adopted child to be granted Indefinite Leave to Enter the UK to join the adoptive parent in the UK:
- The child must be seeking leave to enter to accompany or join an adoptive parent or parents in one of the following circumstances
- Both parents are present and settled in the United Kingdom; or
- Both parents are being admitted on the same occasion for settlement; or
- One parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
- One parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
- One parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
- One parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; or
- In the case of a de facto adoption one parent has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is seeking admission to the United Kingdom on the same occasion for the purposes of settlement; and
- The child is under the age of 18; and
- The child is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
- The child can, and will, be accommodated and maintained adequately without recourse to public funds in accommodation which the adoptive parent or parents own or occupy exclusively; and
- The child was adopted in accordance with a decision taken by the competent administrative authority or court in his country of origin or the country in which he is resident being a country, whose adoption orders are recognised by the United Kingdom; or
- The child is the subject of a de facto adoption; and
- The child was adopted at a time when:
- Both adoptive parents were resident together abroad; or
- Either or both adoptive parents were settled in the United Kingdom; and
- The child has the same rights and obligations as any other child of the adoptive parents or parents’ family; and
- The child was adopted due to the inability of the original parent(s) or current carer(s) to care for him and there has been a genuine transfer of parental responsibility to the adoptive parents; and
- The child has lost or broken his ties with his family of origin; and
- The child was adopted, but the adoption is not one of convenience arranged to facilitate his admission to or remaining in the United Kingdom; and
- The application does not fall for refusal under the general grounds for refusal.
What Is De Facto Adoption?
According to Paragraph 309A of the Immigration Rules, a de facto adoption shall be regarded as having taken place if:
- At the time immediately preceding the making of the application for entry clearance under these Rules the adoptive parent or parents have been living abroad (in applications involving two parents both must have lived abroad together) for at least 18 months preceding the date of application and must have cared for the child for at least 12 months preceding the date of application; and
- During their time abroad, the adoptive parent or parents have:
- Lived together for a minimum period of 18 months, of which the 12 months immediately preceding the application for entry clearance must have been spent living together with the child; and
- Have assumed the role of the child’s parents, since the beginning of the 18-month period, so that there has been a genuine transfer of parental responsibility.
Inter-Country Adoptions
According to paragraph 309B of the Immigration Rules, Inter-country adoptions may be subject to section 83 of the Adoption and Children Act 2002 or the equivalent legislation in Scotland or Northern Ireland if the adopter’s habitual residence is there. Where this is the case, a letter obtained from the Department for Education (England and Wales habitual residents) or the equivalent from the relevant central authority (Scotland or Northern Ireland habitual residents) confirming the issue of a Certificate of Eligibility must be provided with any entry clearance adoption application under paragraphs 310-316C.
Adoption agencies are responsible for assessing prospective adopters wishing to adopt a child from another country who approach them. The Intercountry Adoption Casework Team must then process all cases of intercountry adoption.
The contact details of the inter-country adoption casework team are given below:
Intercountry adoption casework team
Level 0, Riverside
Bishopsgate House
Feethams
Darlington
DL1 5QE
Email ica.darlington@education.gov.uk
Telephone 0370 000 2288
Submitting The Application To Intercountry Adoption Casework Team
After approving intercountry adoption applicants as suitable to adopt, the adoption agency must send the completed application to the Intercountry Adoption Casework Team.
The submission of incomplete files will result in delay, so agencies should make sure that the application is complete before sending the application to Intercountry Adoption Casework Team. To make sure you send them all the necessary documents, the Intercountry Adoption Casework Team recommends attaching the ‘Intercountry adoption application checklist‘ to the front of the application.
List of Designated Countries
Adoptions made on or after 3 January 2014
England, Wales and Northern Ireland automatically recognise adoptions made on or after 3 January 2014 in any of the countries listed on The Adoption (Recognition of Overseas Adoptions) Order 2013.
Scotland recognises adoptions made on or after 3 January 2014 in the countries listed on The Adoption (Recognition of Overseas Adoptions)(Scotland) Regulations 2013 and its amendment.
Adoptions made before 3 January 2014
The UK government automatically recognises all adoptions made before 3 January 2014 in any of the countries listed on The Adoption (Designation of Overseas Adoptions) Order 1973 and The Adoption (Designation of Overseas Adoptions)(Variation) Order 1993.
Further information, help, and advice
Our team of specialists have years of experience in visa services. We work with clients under Section 84 of the 1999 Immigration Act and can submit your UK visa application to the Home Office to be dealt with on the same day.
For more information and advice on UK immigration law and UK visa applications please contact us on 0203 488 2308 or email us at Info@worldwideimmigration.co.uk
