Uk Visa For Adopted Child

This article is to help parents who want to adopt a child from the UK. There are several legal aspects, which you have to be aware of before you proceed with the process. Here I have given all the details about the UK visa for the adopted child.

UK visa for adopted child is a very important part, you should be careful while applying the UK Visa of Child Visa. The more you are with the experienced immigration agent, the less chance of mistakes. We have a team of highly skilled, who have learned from both ends of spectrum , They understand better than others, what are the clear indications of a successful approval or refusal and advice accordingly.

When a UK family adopts a child from abroad, the child is granted British citizenship. The adopted child legally becomes a new member of the family, just like any biological child would. The child acquires the same legal rights and duties as a biological child. Therefore such a person can travel to UK while holding an entry clearance visa under Appendix V of Immigration Rules.

Uk Visa For Adopted Child

If you are an adoptive parent, there’s a good chance that you’re wondering if your child can get a UK visa after being adopted by you.

The answer is actually pretty simple: yes!

In fact, if your child was born outside the UK but is now living in the country with you as their parent, they can apply for a UK visa as soon as they turn 18 years old.

There are some things to keep in mind, though. For example, if your child was born outside of the country and is now living with you but wasn’t adopted by you (for example, if they were placed in foster care), then they won’t be eligible for a UK visa until they turn 21 years old.

Also, even though it can be a little confusing at first glance, it’s important to remember that this applies only to children who have been adopted from overseas—it doesn’t apply if the child was born in England or Wales themselves!

If you have adopted a child from outside of the US and are wondering whether or not this means your child is eligible for a visa, the answer is yes.

The United States Citizenship and Immigration Services (USCIS) requires that all adoptions be legally finalized by a court before they can issue any type of visa. This means that if you have adopted a child from outside of the US and are looking to bring them back with you, you will need to make sure that you can prove that your adoption has been legally finalized by a court so that USCIS can issue them their visa.

Adopted children are allowed to get a UK visa.

The UK government has strict rules on who can enter their country, but there are a few exceptions. If you adopted your child from another country and they have the right paperwork, they should be able to enter the United Kingdom on their own.

If you’re not sure whether or not your child is eligible for a UK visa, contact us today!

Adoption is a beautiful thing, and every year thousands of children are adopted. But there are still some challenges that come with it.

One of those challenges is getting a visa for your adopted child. In order to qualify for this visa, you need to prove that the child has been adopted by you and that they have been in your custody for at least two years. This can be difficult because the adoption process often takes longer than two years, so you may have to provide additional documentation showing that the child was in your care throughout their time with their biological parents before they were adopted by you.

As you are aware, the United States is proud to be a country that welcomes immigrants. The United States has opened its doors to millions of immigrants over the years, and continues to welcome people from all backgrounds.

There are many reasons why an individual may wish to come to the United States. Some individuals may be seeking employment opportunities or a new life in a place where they would feel more welcome or accepted. Others may wish to reunite with family members who have already immigrated to America. Still others may simply want to live in a country they see as being more prosperous than their own.

In any case, all individuals have one thing in common: they want a better life for themselves and their families. That is why it is important for us as Americans not only to accept these individuals but also help them assimilate into our society once they arrive here.

One way we can do this is by providing resources such as English classes or job training programs so that these newcomers can become productive members of our community soon after arriving here instead of spending months or years trying to learn everything about America on their own before being able to contribute anything meaningful towards success as an immigrant family member living here permanently within our borders.”

Visa and Immigration Rules for Adopted Children 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. In order to do so, you need to follow UK visa and immigration rules for adopted children.

Visa rules for adopted children

• You must show that you currently live and are settled in the UK legally – and that there is no time limit on your stay.
• You must also show that you can adequately support and house your child without needing any support from public funds.

If you meet these two conditions, you qualify as a parent who can bring their adopted child to the UK. However, your child must meet the following requirements in order to qualify to join you in UK:

• He/she cannot support himself/herself financially, is not leading an independent life and is not married.
• He/she has not made any independent family unit.
• He/she is under 18 years.
• He/she was adopted at a time when both parents lived together abroad or when either of the two was settled in the UK.
• He/she has the same rights as any other child of the adoptive parents has.
• He/she was adopted because their birth parents could not care for them and a genuine transfer of parental responsibility has taken place.
• He/she has no ties left with their original family.
• He/she was not adopted with a purpose to make him/her enter the UK easily.

In order to enter the UK, your adopted child must get entry clearance before travelling to UK. The Adoption Act 2005 states that it is an offence if prospective adoptive parents bring a child into the UK to adopt him or her, unless they complied with all legal requirements. In cases of non-compliance, there is penalty where the adoptive parents may have to pay an unlimited fine, serve up to 12 months imprisonment or both. It is, therefore, in you and your child’s interest to accurately follow the rules and regulations. In order to not commit an offense, you – as prospective adoptive parents – must have done the following:

• Applied for your suitability to adopt a child to be approved by a local council or VAA,
• Complied with the assessment process,
• Received confirmation from the agency in writing approving you as suitable to be an adoptive parent,
• Received notification from the Secretary of State – in writing – that he is ready to issue a certificate of eligibility.

Within 14 days of your arrival in the UK with your child, you must notify your local council informing them about your intention to adopt the child. Once this notification has been received by the local council, the child will be a protected child under the law and his or her placement will be monitored by the council.

How long can an adopted child stay in the UK?

If you adopted the child in a designated country and both you and your husband or wife is settled in UK or you are solely responsible for the child, then in that case the child will normally be allowed to stay in the UK permanently from the date he or she arrives. However, if your child was not adopted in a designated country, then he or she will normally be allowed to stay for 12 months in the UK during which the adoption process can continue through the UK courts. Your child will become a British citizen provided you adopted them through the UK courts and at least one of one of you as their adoptive parents were a British citizen at the time of adoption order made.

Visa requirements for adopted children

All adopted children coming to the UK require a visa before they travel. There is an exception, however, if they qualify for a passport issued by an EEA member. In this case, they would not need a visa. Once you apply for your child’s visa, then the Entry Clearance Officer will make a decision based on the application form and supporting documents you have submitted. If required, they may interview you. We can support you with your visa application when bringing an adoptive child to the UK. Get in touch with us to find out more.

Will an adopted child automatically be a British citizen if adopted by British parents?

Children adopted overseas by British citizens may have an automatic claim to British citizenship under s1(5) British Nationality Act 1981 depending on whether the child’s adoption is considered a Hague Convention adoption. 

Additional requirements which need to be met for a child adopted overseas under a Convention adoption include that on the date of the adoption:

• at least one of the adoptive parents was a British citizen at the time the adoption order was made; and
• the adopting parent(s) was habitually resident in the UK at the time of the final adoption order.

In this circumstance, it will not be necessary to make an application for the adopted child to obtain British citizenship and the child may proceed to make an application for a first British passport. Adoption in any other circumstances will not result in the adopted child acquiring British citizenship automatically. 

What is a “convention adoption”?

A convention adoption, as defined in s50 British Nationality Act 1981, is an adoption effected under the law of a country or territory in which the Convention is in force, and certified in pursuance of Article 23(1) Convention. The child’s final adoption order will need to be certified as having been made in accordance with the terms of the Hague Convention on inter-country adoption. The factors to consider when assessing whether an overseas adoption is a convention adoption include whether:

• the adoption took place in a country or territory where the Hague Convention is in force;
• the Hague Convention was in force in that country or territory at the time the adoption took place;
• the adoption took place in accordance to the law of that country or territory; and
• the adoption was certified under Article 23(1) of the Convention.

What options are available if the adoption is not recognised as a Hague Convention adoption?

An adopted child may be eligible to register as a British citizen under s3(1) British Nationality Act 1981. It will be imperative to check the following to determine whether or not the adoptions took place in a country and territory recognised by the UK: 

• The Adoption (Recognition of Overseas Adoptions) Order 2013
• The Adoption (Recognition of Overseas Adoptions) (Scotland) Regulations 2013
• The Hague Convention on inter country adoption

You may wish to seek expert advice to assess whether an overseas adoption is recognised by the UK. 

What are the requirements to register an adopted child as a British citizen?

The requirements for an application to register an adopted child as a British citizen are as follows:

• the adoption is not informal or temporary
• under the law of the country where the adoption took place the child is the child of the adoptive parents alone and the legal relationship with the birth family has been completely terminated
• at least one of the adoptive parents is a British citizen otherwise than by descent
• the current parent(s) have consented
• there is no reason to refuse on character grounds
• all relevant adoption laws have been adhered to, this includes the laws of the country in which the adoption has taken place, the country of origin of the child and the country in which the adoptive parents are habitually resident
• the adoption is not one of convenience arranged to facilitate the child’s admission to the UK

How do I make an application to register a child adopted overseas as a British citizen?

Applications to register a child adopted overseas as a British citizen can be made using Form MN1 online or using a paper application form. An application fee of £1,012 is required. 

Adopted children will not be required to attend a citizenship ceremony prior to their registration as British citizens. However, if the adopted child turns 18 whilst their application is pending/processed, they will be required to attend a ceremony and an extra fee of £80 will be payable.

What documents are required for a British Citizenship application for a child adopted overseas?

The Home Office policy guide, “Registration as British citizen: children”, provides a list of supporting documents required for a British citizenship application for a child adopted overseas which includes the following: 

• the child’s birth certificate, or where the child has been abandoned, a certificate of abandonment from the authorities previously responsible for the child
• evidence of the relevant adoptive parent’s claim to British citizenship otherwise than by descent
• the consent of the adoptive parents to the registration
• the adoption order
• a contemporary report from the overseas equivalent of the social services department which details:
  • The child’s parentage and history
  • The degree of contact with the original parents
  • The reason for adoption
  • The date, reason and arrangements for the child’s entry into an institution or foster placement
  • when, how and why the child came to be offered to the adoptive parents
• evidence of the parents’ country of usual residence
• confirmation that the parent(s) has been assessed and approved as eligible to become an adoptive parent(s) (where the parent(s) is usually resident in the UK)
• confirmation that all adopted laws have been complied with from the equivalent social services in the country of residence (where the parent(s) is not usually resident in the UK)

How long will it take the Home Office to decide a British Citizenship application for a child adopted overseas?

Applications for British citizenship typically take between 3-4 months to be processed. Depending on the current caseload, applications can take up to 6 months. 

What happens to the adopted child’s present citizenship if they are granted British citizenship?

Before making an application for the registration of an adopted child as a British citizen, it is important to check the nationality laws of the child’s current citizenship. In some countries, a person will automatically lose their nationality if they become a citizen of another country. If the country of which the adopted child is currently a citizen continues to recognise them as one of its citizens they may continue to be subject to its duties.

What are the other options available if an adopted child is not automatically eligible and can not be registered as a British citizen?

An adopted child may be eligible to make an application for indefinite leave to enter the UK under the Immigration Rules if they do not meet the requirements for British citizenship automatically or through registration.  You may wish to seek expert advice or assistance from our Barristers to make an application for indefinite leave to enter the UK. 

What happens if an application for British Citizenship for a child adopted overseas is refused?

If an application for British citizenship is refused, the reasons for refusal should be set out in the notice of decision. There is no statutory right of appeal against the refusal of a British citizenship application, the only judicial remedy is that of judicial review. 

If your challenge is unsuccessful or you decide not to challenge the decision to refuse, you may wish to seek advice as to consider whether a fresh application is likely to be successful. 

Conclusion

An adopted child who is granted leave to remain as a child of a person present and settled in the UK will be eligible for registration as a British citizen from overseas. An adopted child who is granted leave to remain in the UK as a child with an immigrant parent who is or has been granted indefinite leave to remain or settlement will also be eligible for registration as a British citizen from overseas if:

Trying to adopt a baby from a country like Ukraine, can be an extremely daunting task, as all countries have there own set of rules, regulations, procedures and other factors that must be taken into consideration, when trying to adopt a child internationally. Each country also has there own separate agencies that deal with international adoptions and all the documentation involved. Once you decide which country you want to adopt your child from it’s then important to do some research into each country’s adoption process. This can include reading up on the countries laws and regulations on adoption, as well as any visa requirements they may have.