Adoption

[ashokkumarcts]

Hi Team,

I am going to get British Citizenship (applied a few weeks ago) and I am planning to adopt a child (11 years old) from relatives in India.

Can you let me know, how the immigration process works for the child? Will the child considered as a dependant and apply ILR? Otherwise, do I need to apply for any different visa/immigration cateogory.

A piece of advice or comments from the immigration expert would be valuable.

Thanks
Ash

[CR001]

What level of relatives (uncle, brother....) and why are you adopting the 11 year old child??

Ho does not view this type of arrangement well, generally considered 'gifting' of children only to facilitate immigration.

There are very specific procedures that need to be followed for overseas adoptions.

[ashokkumarcts]

Maybe, I have used an incorrect word as "adoption" since I don't know.

The situation is: My sister is a single mum and she doesn't get any support or benefits from her ex-husband and she can't able to provide a good life or eduction to her son.

From my side, I am single and looking to adopt a child in the UK or anywhere. Therefore, I have planned to bring my nephew to the UK by adopting or gifting and provide a good life.

Do you think, is it possible?

[CR001]

Do you think, is it possible?

Unlikely.

https://www.gov.uk/child-adoption/adopt ... m-overseas

https://www.gov.uk/government/publicati ... settlement

17. SET7.18 How do adopted children qualify for settlement?
17.1 SET7.18.1 Adoption is a complex subject.
The ECO should always bear in mind that the child’s welfare is paramount. The ECO must be satisfied that the child is not being trafficked to the UK. This is to meet the UK’s obligations under the Council of Europe Agreement on action against human trafficking.

In the case of UK-based adopters hoping to adopt a child which has been given or ‘gifted’ to them by relatives abroad, there is very little chance of them being able to bring the child into the UK. The UK’s international obligations prevent any acceptance of such practices. Even if a foreign adoption has been completed, the requirements of the Immigration Rules will prevent an entry clearance being issued to such a child.

The Adoption and Children Act 2002 (which came into effect on 1 June 2003) makes it a mandatory (but not a retrospective) requirement for all prospective adoptive parents to have been assessed by a competent body that they are suitable to become adopters and obtain a Certificate of Eligibility from the Department of Education. The Adoptions with a Foreign Element Regulations 2005 created the requirement for overseas adopters to have a Certificate of Eligibility - and set the penalties for non-compliance. But see section below for variations.

Any adoption in a designated country, which pre-dates the introduction of the 2002 Act, should be dealt with under the old legislation. In these cases the ECO should not insist on the adopters producing a Certificate of Eligibility.