Uk Settlement Visa For Adoptive Daughter

[Desertexile]

Hello

The Mrs and I are trying to adopt her two year old niece and bring her to the UK. Basically, her Mum is only 20 and its best all round (but thats another story).

Any ideas what the procedure is for bringing her to the UK? I know that is vague but we are still very unclear as to what the whole process involves.

Cheers

DE

[VisasPlus]

The process is very difficult, and rightly so. Basically there are two types of adoption - a legal adoption ( usually done through an adoption agency) and a de facto adoption ( where you can show that you have " adopted" the child ). The rules have been designed to stop people in the UK from bringing over family members and children of friends, etc as " adopted children". Therefore, the tests are fairly rigorous, and include you having to show that your wife, and not the child's real mother, has had full parental responsibility for the child. That is not easy when the child is still living her her real mother or parents. There are many other provisions that you and your wife would have to get through before you stand any chance of doing this. The days of bringing family members to the UK as "adopted" children in order to give them a better life have long gone.

[dansat]

The process is very difficult, and rightly so. Basically there are two types of adoption - a legal adoption ( usually done through an adoption agency) and a de facto adoption ( where you can show that you have " adopted" the child ). The rules have been designed to stop people in the UK from bringing over family members and children of friends, etc as " adopted children". Therefore, the tests are fairly rigorous, and include you having to show that your wife, and not the child's real mother, has had full parental responsibility for the child. That is not easy when the child is still living her her real mother or parents. There are many other provisions that you and your wife would have to get through before you stand any chance of doing this. The days of bringing family members to the UK as "adopted" children in order to give them a better life have long gone.

Yes it is difficult and rightly so, it should be made impossible in this situation. I dont mean to sound like a moody old bast**d. But the child in question has no right to be in the UK. Just think if it was the other way round. What would the Thai goverment say ? I know there words would be something like the child is not Thai so we dont care. Why should the UK goverment let a child into the UK to give them a free UK education when really they are not entitled to one . Also what happens if you and your wife spilt up. That means the UK goverment will be paying out child support to your wife for a Thai child with no right to be in the UK.

No personal offence to the OP . But Guys should think more and not just try to impress there Thai wife and there ' Thai Family '

[Desertexile]

The process is very difficult, and rightly so. Basically there are two types of adoption - a legal adoption ( usually done through an adoption agency) and a de facto adoption ( where you can show that you have " adopted" the child ). The rules have been designed to stop people in the UK from bringing over family members and children of friends, etc as " adopted children". Therefore, the tests are fairly rigorous, and include you having to show that your wife, and not the child's real mother, has had full parental responsibility for the child. That is not easy when the child is still living her her real mother or parents. There are many other provisions that you and your wife would have to get through before you stand any chance of doing this. The days of bringing family members to the UK as "adopted" children in order to give them a better life have long gone.

Cheers for that. Any ideas what would be a good starting point? It is true, we do want to give her a better life, not to mention the young mother finishing school. As is her Gran is taking care of her and she is sickly and in her 60s, not the best situation. In reality though, we intend to leave the UK once wifey has a passport and go back to expat contracts and downtime in Thailand, so she'd benefit from international schools and a more stable carer.

Thanks again VP

DE

[7by7]

From SET7.18 How do adopted children qualify for settlement?

SET7.18.1...

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 undergone a Home Study Report by their local Social Services into their suitability to become adopters. See AECIP 118/07. The Adoptions with a Foreign Element Regulations 2005 created the requirement for overseas adopters to have a Home Study and set the penalties for non-compliance. But see section below for variations.

See also Inter-country Adoption and the Immigration Rules

As you will see this is an extremely complicated area with little chance of success. I suggest that if you are serious about this that your first step should be to consult a family lawyer who has the required specialised knowledge of inter country adoption.

[Desertexile]

]Yes it is difficult and rightly so, it should be made impossible in this situation.

How so? We are affluent, well employed and the child would be here a couple of years and we do not qualify for gov handouts.

I dont mean to sound like a moody old bast**d. But the child in question has no right to be in the UK. Just think if it was the other way round. What would the Thai goverment say ? I know there words would be something like the child is not Thai so we dont care.

That's assumption isn't actually true, the Thai government makes provisions for dependants. Indeed, even if the parents are not both Thai.

Why should the UK goverment let a child into the UK to give them a free UK education when really they are not entitled to one

You would have to define 'entitled' to contextualise that. Is a wife in a [not so genuine] relationship entitled to free ESOL classes as she is married to a Brit? Is the adoptive daughter entitled to free schooling? If she was already my adoptive daughter would she be entitled under your logic as, like the wife, we are already 'family;? Or just not in this case because she hasnt yet been adopted. Neither are blood relatives.

Also what happens if you and your wife spilt up.

I guess that's unlikely as we have been together since we were 21, through thick and thin, poverty and affluence, which is many many moons ago. But to answer your question, I think adoption should be viewed as a demonstrable commitment to be 'real parents', so I guess the same that would happen to our blood-son. He'd go with Mum F/T and me P/T as is the norm.

]That means the UK goverment will be paying out child support to your wife for a Thai child with no right to be in the UK.

How so? My wife wouldnt qualify for benefits in her own right even with a Brit passport.

No personal offence to the OP . But Guys should think more and not just try to impress there Thai wife and there ' Thai Family '

Well, I think we both know your intention. But isn't there something ever so demeaning about referring to one's wife as a 'Thai wife' - it so possessive and likens your partner to some mail order tabloid bride. I never referred to my ex as my 'American wife'. That aside, you offer an ill thought out assumption. We've thought long and hard, as has the mother. And as for attempting to impress family (on both sides) I think that comment could come only from a chap with a bombastic nature and a few bad experiences with 'Thai wives' - perhaps change alter where you seek said possession???

[Desertexile]

From SET7.18 How do adopted children qualify for settlement?

SET7.18.1...

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 undergone a Home Study Report by their local Social Services into their suitability to become adopters. See AECIP 118/07. The Adoptions with a Foreign Element Regulations 2005 created the requirement for overseas adopters to have a Home Study and set the penalties for non-compliance. But see section below for variations.

See also Inter-country Adoption and the Immigration Rules

As you will see this is an extremely complicated area with little chance of success. I suggest that if you are serious about this that your first step should be to consult a family lawyer who has the required specialised knowledge of inter country adoption.

Where there's a will, there's a way and all that. Thanks 7by7. I'll bell our solicitor today and get some recommendations.

[7by7]

I wish you the best of luck. It will, I think, be a long hard road with little chance of success. (Unless your name is Madonna Ciccone!)

Please let us know how you get on.

[Desertexile]

I guess the UK part is the bit you refer to as having little chance of success. As long as we can achieve the actual adoption, that would be good as our future is likely not in the UK long term. That said, it would be great to see her with a passport.

cheers 7, I'll let you know in a couple of months. An American mate did it, but he was well connected in both Thailand and with his embassy.

[7by7]

The difficulties will, I feel, come not in Thailand but at the UK end.

What the American rules are on inter country adoption and how they compare with the UK's, I've no idea.

[Desertexile]

Mrs just spoke to her Buddy at the Thai embassy and he suggests an in-country ThaitoThai adoption, seeing wifey become guardian before I even get involved....we'll see.

[VisasPlus]

Mrs just spoke to her Buddy at the Thai embassy and he suggests an in-country ThaitoThai adoption, seeing wifey become guardian before I even get involved....we'll see.

As 7x7 has said, and I hinted at earlier, this is a long and complicated road. The chances are that the application will be refused, but I applaud you if you intend to take care of, and support, the child in Thailand. Of course, you don't have to adopt her to do that. No disrepect to you, DesertExile, but you seem to be making a lot of plans very fast - this adoption, citizenship for your wife, a British passport for her too, return to Thailand asap. My advice would be to slow down a little, and take things one at a time. Even an in -country Thai adoption is not a piece of cake, as I understand it.

Whatever happens, good luck.

Edited October 30, 2010 by VisasPlus

[Desertexile]

That's how I work Mate, always very intense. But, proof is in the pudding, it works for us. We make Mid term plans and we achieve them. Its the essential nature of life in the Dunes, if you don't have a plan, you lose sight. It becomes catching but works well elsehwere. Last year we built a house, completed an MBA, made a move to the UK, bought and sold a couple of houses in the UK and landed a cracking job, as well as four overseas trips and restarted a business interest.....and that was a slow year. I'm sure I do peoples heads in being like roadrunner, but its been that way 36 years ;-)

Organising passports, citizenship, they are just details of the master plan (muwwwwaaahhhh) , though the adoption is something we have been considering since she was born but only now we have decided (after 3 months in Thailand) that its best for all concerned, hence kicking things into action now as the decision is made. Everything is possible, and if its not we give 100% trying, at the very least, the outcome is she doesnt make it to the UK, but is adopted in Thailand and that paves the way for her to go with us to the Dunes for 5 years before we knock working on the head and hit Thailand's shores for good.

I'll sort a lawyer.

Thanks Gents.