UK Adoption Visa Guide
The UK’s immigration system underwent a significant update with the introduction of Appendix Adoption, replacing the relevant provisions within Part 8 of the Immigration Rules. Appendix Adoption simplifies the process for bringing children to the UK for adoption, offering distinct routes tailored to various scenarios. This guide focuses on the application process for children coming to the UK to be adopted under UK law. We outline the essential requirements, from suitability and validity to financial and accommodation criteria, ensuring adoptive parents are well-prepared to navigate this complex yet rewarding journey.
Other routes to bring a child to the UK under Appendix Adoption, such as Hague Convention Adoption, Recognised Adoption Overseas, and De Facto Adoption, are outside the scope of this guide.
When Is a UK Visa Application for Adoption Appropriate?
A child would need to apply for entry clearance to the UK to be adopted under UK law if their home country’s adoptions are not recognised in the UK. In some cases, the adoptive parents may still need to go through the intercountry adoption process before the UK adoption can be finalised.
Suitability and Validity Requirements for Child Adoption From Overseas
The specific suitability requirements for a UK visa application for adoption under UK law are set out in Part 9 of the Immigration Rules. There are also validity requirements that must be met.
Dependent Child Requirements
For a child from a country whose adoptions are not recognised in the UK, and where a UK Adoption Visa is necessary, the child must meet the dependent child requirements as outlined in Appendix Children:
- Age Requirement
- Independent Life Requirement
- Care Requirement
Adoption Requirements
The adoption requirements under Appendix Adoption include:
- The applicant must be coming to the UK for adoption by an adoptive parent(s) in accordance with UK law.
- The adoption must not be a convenience arrangement to facilitate entry into the UK.
- The applicant must have the same rights and obligations as any other child in the adoptive family.
- The adoption must result from the inability of the birth parent(s) or current carer(s) to care for the applicant, with a genuine transfer of parental responsibility.
Certificate of Eligibility in Support of UK Adoption Visa
A letter from the relevant Central Authority in the UK confirming the issue of a Certificate of Eligibility must support the entry clearance application if required by:
- Section 83 of the Adoption and Children Act 2002
- Articles 58ZA and 58ZB of the Adoption (Northern Ireland) Order 1987
- Section 58 of the Adoption and Children (Scotland) Act 2007
Adoptive Parent(s) Immigration Status Requirements
The applicant must join or accompany adoptive parent(s) who meet specific criteria, such as being British Citizens or having settled status. Detailed conditions are outlined in the immigration rules.
Financial Requirement for a UK Adoption Visa
Adoptive parent(s) must demonstrate sufficient income or savings to support the child without public funds unless applying under a route to settlement. Detailed financial requirements are outlined in the Home Office’s Adequate maintenance and accommodation: caseworker guidance.
UK Adoption Visa Accommodation Requirement
The applicant’s accommodation in the UK must not be overcrowded or contravene public health regulations.
Tuberculosis Requirement
A valid medical certificate may be required under Appendix Tuberculosis.
Article 8 ECHR Considerations
If an applicant meets the adoption requirements but not other eligibility criteria, the decision maker may consider whether refusal would breach Article 8 of the Human Rights Convention, leading to unjustifiably harsh consequences.
Period of Grant and Settlement
Successful applicants are granted permission under Appendix Adoption for 24 months, after which they may apply for settlement.
Contact Temple Gate Solicitors
For expert advice and assistance regarding Appendix Adoption or bringing a child to the UK for adoption, contact Temple Gate Solicitors at +44 (0) 207 183 8043.
