Home Office
If a child is granted temporary permission under Appendix Adoption, they would need to apply for settlement under paragraph 298 in Part 8; or for settlement on the route their adoptive parent is on.
Where an adoption has taken place in a country where the adoption is recognised under UK law and the adoptive parent(s) were resident in that country at the time of the adoption, the adopted child may make an application as a dependent child on the same route as their parent(s).
There are four adoption routes:
Hague Convention: this route applies where the adoption is via an adoption agency under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. Most Hague Convention adoptions will be completed overseas, however for some countries the adoption is completed in the UK and the child must apply for entry clearance to come to the UK for the adoption to be completed.
Recognised Overseas Adoptions: this route allows a child to apply for entry clearance to come to the UK where they have been adopted overseas in a country where the adoption is recognised under UK law, or where the adoption has been recognised by order of the High Court in the UK.
De facto Adoption: this route is for a child to apply for entry clearance where the child has been living with their adoptive parent(s) overseas for at least 12 months and there has been a genuine transfer of parental responsibility.
Coming to the UK for adoption: this route is for a child to apply for entry clearance where they are in a country whose adoptions are not recognised in the UK and the child is coming to the UK to be adopted under UK law. Where applicable the relevant UK authority must have issued the adopters with a certificate of eligibility to adopt.
Entry clearance for the Adoption: Hague Convention route
Validity requirements for the Adoption: Hague Convention route
AD 1.1. A child applying for entry clearance on the Adoption: Hague Convention route must apply online on the gov.uk website on the specified form: Non-British adopted child or child coming to the UK for adoption of a parent or parents who are British citizens or settled in the UK.
- AD 1.2. An application for entry clearance must meet all the following requirements:
- (a) any fee and the Immigration Health Charge must have been paid; and
- (b) the applicant must have provided biometrics when required; and
- (c) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality.
AD 1.3. An application which does not meet all the validity requirements of the Adoption: Hague Convention route may be rejected as invalid and not considered.
Suitability requirements for Adoption: Hague Convention route
AD 2.1. The decision maker must be satisfied that the applicant should not be refused under Part 9: grounds for refusal.
Eligibility requirements for Adoption: Hague Convention route
Entry requirement for Adoption: Hague Convention route
AD 3.1. A child seeking to come to the UK under the Adoption: Hague Convention route must apply for and obtain entry clearance on the Adoption: Hague Convention route before they arrive in the UK.
AD 3.2. A child applying for entry clearance on the Adoption: Hague Convention route must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Adoption Requirements for Adoption: Hague Convention route
AD 4.1. The adoptive parents or, if there is sole responsibility, the adoptive parent, must be habitually resident in the UK.
AD 4.2. The adoption must be the subject of an agreement made under Article 17(c) of the Hague Convention.
AD 4.3. The applicant must have been entrusted to the adoptive parent(s) by the competent administrative authority of the childs country of origin the purpose of adoption under the Hague Convention.
AD 4.4. The decision maker must be satisfied that the adoption is not one of convenience arranged to facilitate the admission of the child to the UK.
Dependent child requirements for Adoption: Hague Convention route
- AD 5.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
- (a) age; and
- (b) independent life requirement; and
- (c) care requirement.
Immigration status requirements of parents for Adoption: Hague Convention route
- AD 6.1. The applicant must be joining an adoptive parent(s) where one of the following applies:
- (a) both parents are British Citizens, settled in the UK, or are in the UK and have a right to stay in the UK without restriction; or
- (b) the adoptive parent has sole responsibility for the applicant and is a British Citizen, settled in the UK or is in the UK and has a right to stay in the UK without restriction.
Financial requirement for Adoption: Hague Convention route
AD 7.1. The applicant must show that they will be adequately maintained in the UK by the adoptive parent(s), without access to public funds.
- AD 7.2. The applicant must provide evidence from the adoptive parent(s) of income or cash savings sufficient to show the financial requirement is met, and:
- (a) evidence from income (other than self-employment) or savings must cover the 6-month period immediately before the date of application; or
- (b) where the adoptive parent(s) is receiving maternity, paternity, adoption or sick pay, their income from salaried employment can be shown for either the 6 months immediately before the date of application or the start date of the maternity, paternity, adoption or sick leave; or
- (c) where the income is from self-employment it must be shown for the last full financial year before the date of application, with additional evidence of ongoing self-employment as in paragraphs 7 or 9 (as relevant) of Appendix FM-SE; or
- (d) where there is non-employment income it must be shown to have been received in the 12 months before the date of application except where specified in paragraph 10 of Appendix FM-SE; or
- (e) where property has been sold and the money received has been converted into cash savings the requirements in paragraph 11A(d) of Appendix FM-SE must be met.
AD 7.3. The applicant must show they meet the financial requirement as set out in Appendix FM-SE.
Accommodation requirement for Adoption: Hague Convention route
AD 8.1. The applicants accommodation in the UK must not be overcrowded or contravene public health regulations.
Eligibility under Article 8 of the Human Rights Convention for the Adoption: Hague Convention ro
Related Articles
Comments
Write a Comment
Ministerial Departmental News
- PM's Office, 10 Downing Street
- Cabinet Office
- Department for Business, Innovation and Skills
- Department for Communities and Local Government
- Department for Culture, Media and Sport
- Department for Education
- Department for Environment, Food and Rural Affairs
- Department for International Development
- Department for Transport
- Department for Work and Pensions
- Department of Energy and Climate Change
- Department of Health
- Foreign and Commonwealth Office
- HM Treasury
- Home Office
- Ministry of Defence
- Ministry of Justice
- Northern Ireland Office
- Scotland Office
- Wales Office
- See all departments