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Adopted children (INF 7)

Guidance - Adopted children (INF 7)
Last updated 16 July 2008

This guidance explains what the Immigration Rules say about adopted children coming to join one or both of their parents in the United Kingdom (UK), and about children coming to the UK to be adopted. It is only a guide but it aims to answer some common questions.

How do I qualify to bring my adopted child to the UK?
You must be able to show that:

  • you currently live and are settled in the UK legally, with no time limit on your stay, and
  • you can support your child and provide somewhere to live without needing help from public funds.

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How does my adopted child qualify to join me in the UK?
You, or your child, must show that he or she:

  • cannot support themselves financially, is not married and is not living independently away from their parents
  • is under 18 years of age
  • was adopted when both parents lived together abroad or when one or the other parent was settled in the UK
  • has the same rights as any other child of the adoptive parents
  • was adopted because their birth parents could not care for them and there has been a full and genuine transfer of parental responsibility
  • has broken all ties with their birth family, and
  • was not adopted just to make it easier to enter the UK.

Your adopted child must get a visa before they travel to the UK, unless they qualify for a passport issued by an EEA member state.

Under the Adoptions with a Foreign Element Regulations 2005, it is now an offence for prospective adoptive parents to bring a child into the UK to adopt them, unless the adoptive parents have met all the legal requirements. The penalty for not following legal requirements is an unlimited fine or up to 12 months’ imprisonment (or both).

The Adoptions with a Foreign Element Regulations 2005 aim to prevent people from bringing children into the UK to adopt them unless:

  • the adoptive parents have already been assessed and approved by a local council or a voluntary adoption agency (VAA), and
  • their suitability has been approved by the Secretary of State for Education and Skills.

To avoid committing an offence, these regulations say that prospective adoptive parents in England and Wales must already have:

  • applied to a local council or VAA for approval of their suitability to adopt a child
  • successfully completed the assessment process
  • received confirmation, in writing, of the adoption agency’s decision to approve them as suitable adoptive parents, and
  • received notification, in writing, from the Secretary of State for Education and Skills that they are prepared to issue a ‘certificate of eligibility’.

Within 14 days of the prospective adoptive parents' arrival in the UK with a child, they must tell their local council of their intention to adopt the child. Once the council has received this notification, the child will become a protected child under section 22 of the Adoption Act 1976 and will be monitored by the council under sections 32 and 33.

We strongly recommend that, together with this guidance you read the Home Office's guidance on Inter-Country Adoption and the Immigration Rules, which can be found on the UK Border Agency website:
Inter-Country Adoption and the Immigration Rules
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Will a foreign adoption order be recognised in the UK?
A foreign adoption order will only be recognised in the UK if it was made in a country that is included in the Adoption (Designation of Overseas Adoptions) Order 1973. Such a country 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 UK to be adopted through the courts.
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How long can my adopted child stay?
If your child was adopted in a designated country and both you and your husband, wife or civil partner are settled in the UK, or if you alone are responsible for the child, they will normally be allowed to stay permanently in the UK from the date they arrive.

If your child has not been adopted in a designated country, they will normally be allowed to stay in the UK for 12 months so the adoption process can continue through the UK courts.
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Will my adopted child automatically become a British citizen?
Your child will only become a British citizen if you adopted them through the UK courts and at least one of you (as their adoptive parents) was a British citizen when the adoption order was made.
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Does my adopted child need a visa?
All adopted children coming to the UK need a visa before they travel unless they qualify for a passport issued by an EEA member state.
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What is a visa?
A visa is a certificate that is put into your passport or travel document by an Entry Clearance Officer at a British mission overseas. The visa gives you permission to enter the UK.

If you have a valid UK visa, we will not normally refuse you entry to the UK unless your circumstances have changed, or you gave false information or did not tell us important facts when you applied for your visa.

When your child arrives in the UK, an Immigration Officer may ask you questions, so take all relevant documents in your hand luggage.
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How do I apply for a visa for my adopted child?
You can apply in a number of ways, for example by post, by courier, in person and online. The visa section will tell you about the ways in which you can apply.

Some visa sections will only accept visa applications made online. To find out if you can apply for your visa online please visit www.visa4uk.fco.gov.uk

If you cannot apply online, you will need to fill in a visa application form (VAF 4 – Settlement). You can download the form from this website, or get one free of charge from your nearest visa application centre.

You should apply for entry clearance for an adopted child in the country of which the child is a national or where they legally live.

In some countries, if you are applying for a visa to stay in the UK for more than six months, you may need to be tested for active tuberculosis before we will accept your application. You can find out if you need to be tested by using our Do I need a visa? questionnaire on the homepage of this website, or by contacting your nearest visa application centre.
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What are visa application centres?
In some countries, we are working with commercial companies to run visa application centres (VACs). The VACs are in largely populated areas, making it easier and more convenient for people to apply for a UK visa. Trained staff at each VAC deal with all visa enquiries and applications. They collect your biometric information (see the relevant section of this leaflet) along with the relevant fees, and provide information on the application process, including whether or not you have included all the necessary documents. Entry clearance staff at the British mission will then consider your application and decide whether to issue or refuse your visa. VAC staff have no say in this decision.
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What will I need to make an application for my adopted child?
You will need to make your child's application online or fill in a visa application form:

 Application form VAF4 - Settlement  

 Settlement form guidance notes

You will also need the following:

  • The adopted child’s passport or travel document.
  • A recent passport-sized (45mm x 35mm), colour photograph of the child. This should be:
    • taken against a light coloured background
    • clear and of good quality, and not framed or backed
    • printed on normal photographic paper, and
    • full face and without sunglasses, hat or other head covering unless they wear this for cultural or religious reasons (but the face must not be covered).
  • The visa fee. This cannot be refunded and you must normally pay it in the local currency of the country where you are applying.
  • Supporting documents relevant to the application.

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What is 'biometric' information?
All UK visa applicants, save for those benefiting from a limited number of exemptions and exceptions, are required to provide biometric data (10-digit finger scans and a digital photograph) as part of the application process.

You will have to go to your nearest visa application centre in person to provide your biometrics. In those countries where there is no visa application centre, you will need to go to the British mission.

Your visa application will not be processed until you have provided the necessary biometric information. The finger scans are electronic so staff do not need to use any ink, liquid or chemicals. You will have your digital photograph taken at the same time and the whole procedure should take no more than five minutes to complete. You should make sure that you do not have any decoration (such as henna), or any cuts or other markings on your fingertips before having your finger scans. You should also make sure that if you have any cuts and bruises on your face, they have healed or disappeared before you have your photograph taken. Digital photographs must be of your full face and you should not wear sunglasses, a hat or any other head covering (unless you wear it for cultural or religious reasons but the face must not be covered).
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What supporting documents should I include with the application?
You should include all the documents you can to show that the child qualifies for entry to the UK as your adopted child. If you do not, we may refuse the application.

As a guide, you should include the following.

  • The child’s original birth certificate, showing its name at birth.
  • A report from the overseas equivalent of the UK’s Social Services Department giving the child’s full history and how the adoption came about, or, if the child is related to you, a full statement in writing from you as the adoptive parent.
  • A certificate of abandonment from the authorities previously responsible for the child, if the child has been abandoned.
  • The adoption order.

We will refuse the application if we find that any documents are false.
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What will happen when I make the application?
The Entry Clearance Officer will try to make a decision using the application form and supporting documents you have provided. If this is not possible, they will need to interview you.

Please check your child’s visa when you get it. You should make sure that:

  • the child’s personal details are correct
  • it correctly states the purpose for which the child wants to come to the UK, and
  • it is valid for the date on which you want to travel. (You can ask for it to be post-dated for up to three months if the child will not be travelling immediately).

If you think there is anything wrong with the visa, contact the visa section immediately.
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What are public funds?
Under the Immigration Rules, if you want to travel to the UK you must be able to support yourself and live without claiming certain benefits. A full list of public funds is available on the UK Border Agency website.

You can find more information about public funds in the Immigration Directorate Instructions (IDIs) and Immigration Rules on the UK Border Agency website.
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More advice and information

Where can I get immigration advice?

If you need help with your application or advice about the UK’s immigration rules and requirements, you should seek advice from a qualified immigration adviser.  In the UK these are immigration advisers regulated by the Office of the Immigration Services Commissioner (OISC– www.oisc.gov.uk) or legally qualified professionals regulated by designated professional bodies.  The Law Societies of England, Wales, Scotland and Northern Ireland and the Institute of Legal Executives can provide a list of Law Firms who can advise on immigration matters.  Their websites are:

Law Society of England and Wales

Law Society of Scotland

Law Society of Northern Ireland

Institute of Legal Executives

For more advice and information about extending your stay once you are in the UK:

The UK Border Agency
Croydon Public Caller Unit
Lunar House
40 Wellesley Road
Croydon CR9 2BY
Phone: (+44) (0)870 606 7766 (general enquiries)
Phone: (+44) (0)870 241 0645 (application forms)
Email: indpublicenquiries@ind.homeoffice.gsi.gov.uk
Website: www.ukba.homeoffice.gov.uk

You can get more advice about adoption procedures in the UK from your local health department:

England
The Department for Children, Schools and Families (DCSF)
Inter-country Adoption Team
Area D, Ground Floor
Mowden Hall, Staindrop Road
Darlington, County Durham, DL3 9BG
Telephone: (+44) (0)1325 391 700
Fax: (+44) (0)1325 391 396
Email:ica.darlington@dfs.gsi.gov.uk
Website: www.dfes.gov.uk

Wales
National Assembly of Wales - Adoptions with a Foreign Element
Children's Health and Social Care Directorate
Cathays Park
Cardiff CF10 3NQ
Telephone: (+44) (0)29 2082 3676
Fax: (+44) (0)29 2082 3142
Website: www.wales.gov.uk

Scotland
Scottish Executive - Intercountry Adoption
Children and Young People's Group
Area 2C
Victoria Quay
Edinburgh EH6 6QQ
Telephone: (+44) (0)131 244 3663
Fax: (+44) (0)131 244 3547
Website: www.scotland.gov.uk

Northern Ireland
Department of Health, Social services and Public Safety
Childcare Policy Directorate
Castle Buildings
Stormont
Belfast BT4 3SQ
Telephone: (+44) (0)28 9052 2942
Fax: (+44) (0)28 9052 2500
Website: www.dhsspsni.gov.uk

For other useful information:

British Association for Adoption & Fostering (BAAF)
Skyline House
200 Union Street
London SE1 0LY
Telephone: (+44) (0)20 7593 2000
Fax: (+44) (0)20 7593 2001
Website: www.baaf.org.uk

For advice on bringing personal belongings and goods into the UK contact:

HM Revenue & Customs
Dorset House
Stamford Street
London SE1 9PY
Phone: (+44) (0)845 010 9000
Website: www.hmrc.gov.uk

Drugs warning
Anyone found smuggling drugs into the UK will face serious penalties. Drug traffickers may try to bribe travellers. If you are travelling to the UK, avoid any involvement with drugs.

False documents
It is better to explain why you do not have a document than to submit a false document with an application. Applicants will be automatically refused and may be banned from coming to the UK for 10 years if they use a false document, lie or withhold relevant information.  They may also be banned if they have breached immigration laws in the UK.

Travellers to the UK who produce a false travel document or passport to the UK immigration authorities for themselves and/or their children are committing an offence. People found guilty of this offence face up to two years in prison or a fine (or both).

Further information

 

The official British Government website for visa services

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