Inter-country adoption Visa Application


2006-10-18

This page explains what the Immigration Rules say about adopted children coming to join their parents or a parent who is settled in the United Kingdom. They are only a guide and aim to answer frequently asked questions.

How do I qualify to bring my adopted child to the United Kingdom?

You must be able to show that:

you currently live and are settled in the United Kingdom legally, with no time limit on your stay; and
you can adequately support and house your child without help from public funds.

How does my adopted child qualify to join me in the United Kingdom?

You, or your child, must show that he or she:

is not leading an independent life, is not married and has not formed an independent family unit;
is under 18 years;
was adopted when both parents lived together abroad or when either parent was settled in the United Kingdom;
has the same rights as any other child of the adoptive parents;
was adopted because their original parents could not care for them and there has been a genuine transfer of parental responsibility;
has broken all ties with their original family; and
was not adopted just to make it easier to enter the United Kingdom.

Your adopted child must get entry clearance before they travel to the United Kingdom.

Will a foreign adoption order be recognised in the United Kingdom?

A foreign adoption order will only be recognised in the United Kingdom if it was made in a country that is included in the Adoption (Designation of Overseas Adoptions) Order, 1973. This is known as a designated country. If the adoption order was made in a country that is not designated, the child can apply to come to the United Kingdom to be adopted through the courts here.

How long can my adopted child stay?

If your child was adopted in a designated country and both you and your husband or wife are settled here, or you have sole responsibility for the child, he or she will normally be allowed to stay here permanently from the date they arrive.

If your child has not been adopted in a designated country he or she will normally be allowed to stay for 12 months so the adoption process can continue through the United Kingdom courts.

Will my adopted child become a British citizen automatically?

Your child will only become a British citizen if you adopted them through the United Kingdom courts and at least one of their adoptive parents was a British citizen when the adoption order was made.

What are public funds?

If you come to live or stay in the United Kingdom, you must be able to support and accommodate yourself without claiming certain state benefits. These are:

  • Income-based jobseeker's allowance (JSA);
  • Income support;
  • Child tax credit
  • Working tax credit;
  • a social fund payment;
  • Child benefit;
  • Housing benefit;
  • Council tax benefit;
  • State pension credit;
  • Housing and homelessness assistance;
  • Attendance allowance;
  • Severe disablement allowance;
  • Carer's allowance;
  • Disability living allowance;

What is entry clearance?

Entry clearance is a visa or entry certificate that is given to you so you can travel to the United Kingdom. You must apply for entry clearance to the British Embassy, High Commission or other Diplomatic Mission (known as British Diplomatic Posts) in the country where your child lives.

You can get advice about which British Diplomatic Posts can issue entry clearance from any British Diplomatic Post abroad.

You can get guidance leaflets and information about visas from UK visas. Write to:

Visa Correspondence Section
UKvisas

London
SW1A 2AH
United Kingdom.

General enquiries: +44 (0)20 7008 8438
Application forms: +44 (0)20 7008 8308
Fax numbers: +44 (0)20 7008 8359/8361

If you need advice about adoption procedures in the United Kingdom, contact your local health department listed below.

England

Social Care Group 3B
Department of Health
Wellington House
133 Waterloo Road
London SE1 8UG

Telephone: 0207 972 4014

Scotland

Scottish Executive Education Department
Young People and Looked After
Children Division
James Craig Walk
Edinburgh EH1 3BA

Telephone: 0131 244 548

Wales

Children and Family Division
National Assembly for Wales
4th Floor
Cathays Park
Cardiff CF10 3NQ

Telephone: 01222 823676

Northern Ireland

Adoption Unit
Department of Health and Social Services
Child Care Branch
Upper Newtownards Road
Belfast BT4 3SF

Telephone: 02890 522942

You can also get useful information from:

British Agencies for Adoption and Fostering (BAAF)
Skyline House
200 Union Street
London SE1 0LY.

Telephone: 020 7593 2000



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