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Adopted Children

The adopted child must meet the general rules for children seeking to enter the UK for the purposes of settlement (see section ‘Children’).  If only one adoptive parent is seeking to bring the child to the UK and the other parent is living, the parent the child is joining either must have sole responsibility or there must be serious and compelling reasons for allowing the child’s admission. 

The additional rules that must be satisfied are:

  1. The adoption must be in accordance with the decision taken by a competent administrative authority or court in that child’s home country and the adoption order is recognised by the United Kingdom; or
  2. The child is a subject of a De facto adoption; and
  3. Was adopted at a time when:
    1. both adoptive parents were resident together abroad; or
    2. either or both adoptive parents were settled in the United Kingdom; and
  4. The child has the same rights and obligations as any other child of the adoptive parents family; and
  5. The child was adopted due to the inability of the original parent, parents or carers to care for him and there has been a genuine transfer of parental responsibility to the adoptive parents; and
  6. That child has lost or broken his ties with his biological family; and
  7. The child was adopted but the adoption is not one of convenience arranged purely to facilitate that child’s admission to the United Kingdom.

How is the application made?

The application should be made at the British embassy in the child’s home country or at the Home Office if the child is already in the UK in a category where it is possible to switch status.  Whether it is possible to switch status should be checked before making any application in the UK as it may be necessary for the child to return to the home country to make the application at the embassy.

What sort of Permission to Remain in the UK will be granted?

The period of permission to remain that can be granted to an adopted child depends on the immigration status of the adoptive parents.  For example, if the adoptive parents are already settled here then the child will be granted settlement. Whereas if the adopted child’s parents are not settled and have limited permission to remain in the UK (for example as a work permit holder, student or spouse) then the child will be granted the same period of permission to stay as the parents.