You can apply for an adopted or de facto adopted child to join you in the UK if strict requirements are met.
Depending on the adoption procedures in the country where the child was adopted, we will guide you as to which rule applies to sponsor them to join you in the UK. If the adoption was not done in accordance with the Den Hague Convention procedures, then such an adoption will not be recognised in UK Law.
However, we can still make an application for the child to come to the UK based on the rules relating to de facto adoption which allows for entry clearance in circumstances where British Citizens came into the possession of a child in circumstances which is not formally acknowledged. For example an adoption in a country whose adoption laws are not recognised. They must have lived with such a child for a considerable period of time and legal responsibility must have fully transferred to the new parent(s). The periods of cohabitation required are:
1. 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
2. You must 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.
It is a further requirement that such child should have no contact or ties with his biological parents.
You will need strong supporting documentation to support the application.
How can we help?
It is worth taking legal advice by contacting our very experienced team of immigration specialists, so they can assess your circumstances and advise you of your options. They can help making such an application or help you to appeal the decision if it is refused and give you a fixed fee quote so you know in advance how much it will cost you.
Contact us today on 0808 166 8831 or email a.minnaar@sydneymitchell.co.uk or m.southall@sydneymitchell.co.uk alternatively complete our online enquiry form.
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