Overseas Adoption Visa Question

[caledonia]

Hello all,

Bit of an off the wall question but hey you never know - someone might have came across it before.

My Mum and her husband and adopting a little girl from Turkey - long story but the wee girls is from my Step-Dad's extended family and her parents split up and the Mum did a runner.

Anyhoo Turkish courts have stipulated she has to live with them for a year before they will finalise process. She has now lived with them for well over a year but court date not until September. At the time my Mum wrote a letter to the UK embassy in Istanbul, e-mailed them and tried to phone to explain the situation - however the e-mail and phone calls got no response. They did have the letter with the visa application and they then issued the wee girl with a toruist visa (she was 2 then, is now 3). Now my query is that she has now had to leave the uk twice and return on her tourist visa with my step-dad (who is now British). They are having to do this again soon as 6 months is nearly up - now surely a toruist visa is not really the most suitbale visa for Istanbul to have issued. The risk is that Edinburgh immigration will refuse her entry - they queried it the last time and made a couple of comments about her returning again so quickly on a tourist visa. Turkey is a signitory of the Hague convention so the adoption will be recognised here but there seems to be a bit of a contrast in the fact that Turkey want her to be resident here to satisfy their procedures to finalise the adoption and the UK have given her a tourist visa.

I mean worst case scenario - could the next ECO refuse her entry when they return from Turkey (she is 3) and her passport specifies she must be in the care of my Step-Dad as her accompanying adult.

Sorry it is a bit of the wall - we have a very international family

[the scouser]

Caledonia,

In theory, whilst the child is applying for visit visas, she must meet the requirements of the visit criteria of the Immigration Rules, so it is possible that an ECO may refuse a visit visa based on a perceived belief that at some point she doesn't intend to leave the U.K. at the end of her stay.

I'm no expert on inter-country adoption, but from the little I know, adoptions under the Hague Convention involve the authorities of both of the repsective countries, in this case Scotland (it appears as if adoption is devolved) and Turkey. One presumes that an article 17© agreement has been reached between the Turkish and Scottish authorities, as without this the girl should not be entrusted to the sole care of the adopter.

If a 17© agreement has been reached, the girl may consider applying for a visa under the provisions of paragraph 316D of the Immigration Rules which states:-

316D The requirements to be satisfied in the case of a child seeking limited leave to enter the United Kingdom for the purpose of being adopted in the United Kingdom under the Hague Convention are that he:

(i) is seeking limited leave to enter to accompany one or two people each of whom are habitually resident in the United Kingdom and who wish to adopt him under the Hague Convention ("the prospective parents");

(ii) is the subject of an agreement made under Article 17© of the Hague Convention; and

(iii) has been entrusted to the prospective parents by the competent administrative authority of the country from which he is coming to the United Kingdom for adoption under the Hague Convention; and

(iv) is under the age of 18; and

(v)* can, and will, be maintained and accommodated adequately without recourse to public funds in accommodation which the prospective parent or parents own or occupy exclusively; and

(vi)* holds a valid United Kingdom entry clearance for entry in this capacity.

I'm sure you will have read the following already, but just in case, here it is:-

http://www.oqps.gov.uk/legislation/ssi/ssi...i_20030019_en_1

Scouse.

[caledonia]

Thanks for that Scouse - I think the problem is number (ii) in that she is not yet under an agreement - the Turkish courts have not finalised things and the whole case is still pending.

I think I will get my Mum to chase their lawyer in Turkey. Thanks for the Scottish inofrmation though - I hadn't saw that before and I don't think half the local authorities have a clue. My mum contacted her council's Social Work Department to speak to them about adoption checks. Their advice was all nonsense but the best bit was when the senior suggested she just come over and stay - and they process it here - in totaly violation of her visa - yep that would go down well!

Thanks again