Immigration and nationality law apply differently depending on the type of adoption. The inevitable cross over with family law does not make it any easier. You … In some cases, you can make an application to register an overseas adoption in the Adopted Child Register for England and Wales. This blog post provides an overview of the subject. However you must consider all applications on their merits, and you may register the child as a British citizen if there are exceptional, compelling or compassionate circumstances justifying a grant of British citizenship. In this case, they would not need a visa. Your email address will not be published. Although the Secretary of State has discretion to register any child she thinks fit, there is published guidance on when she will usually do so. UK Tier 1 Entrepreneur Maintenance Funds Requirement, Fiancé Visa – How to prepare your application. The information and commentary on this website is provided free of charge for information purposes only. (ii) The adoptive parents have been living together with the child for twelve months; and When will a foreign adoption be recognised in common law for immigration purposes? He/she was adopted because their birth parents could not care for them and a genuine transfer of parental responsibility has taken place. The options open to adopted children depend on the date and place of adoption and the immigration status of the parents among other factors. We can support you with your visa application when bringing an adoptive child to the UK. Contact our Immigration Specialists Mandatory referral to the Departments responsible for adoption in England, Scotland, Wales and Northern Ireland (see SET7.21 for referral requirements). To be granted leave the adoptive parents or applicants must meet certain Immigration rule criteria. The child would then become British automatically at the time of the adoption. You must also show that you can adequately support and house your child without needing any support from public funds. There are also provisions in the Immigration Rules to grant limited or indefinite leave to remain or enter for children adopted by British citizens or by individuals who have indefinite leave to remain in the UK. If you are settled in the UK and you adopted a child overseas, then you can bring your adopted child to the UK. Moved to Vietnam for 10 months. You will need to produce evidence of the reason (s) for the adoption and it can't be economic reasons e.g. For immigration purposes, a “child” is an unmarried person under 21 years of age. The two years must be accrued BEFORE you file Form I-130. He/she has the same rights as any other child of the adoptive parents has. They do not “mean” anything under family law and do not grant parental rights to parents or nationality rights to a child. However, Entry Clearance Officers often apply this requirement incorrectly, and refuse applicants who do not have a Certificate of Eligibility even if the application is made one year after the adoption. However, if the adoption was … Information about Intercountry Adoption Resident Visa. They are under 18 and not leading an independent life, the adoption was one which was in accordance with the decision taken by a competent court in the country where the adoption took place; or it was a de facto adoption. Required fields are marked *. This guidance is in fact very short, and states that. 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