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Guide To British Citizenship For Overseas Adopted Children

April 12 2022 - In some cases, the child of a British citizen does not immediately qualify for a passport of the United Kingdom. For reasons of parental responsibility, but not for purposes of nationality, the adoption may or may not be recognized.

But in some cases, the home cabinet member for home and family services, your child can get a passport for the United Kingdom because of recent policy changes. Only Hague adoptions are recognized for nationality purposes. A comprehensive Hague Convention adoption certificate detailing the parents' data is required.

When we say "convention adoption," we mean adoption completed under the laws of a nation or territory that has ratified the Convention and certified according to Article 23(1).

You must also give proof of the British parent's nationality, such as a passport dated before adoption. If you do not have a passport, you may offer supporting documentation.

Section 1(5) of the 1981 Act provides for the immediate acquisition of citizenship in the following circumstances:

As soon as a British court issues an order authorizing the adoption of a child from another country, on or after the designated date, or by any court in an eligible territory, or an unborn child adopted through a Convention adoption meets the requirements of subsection (5A), the child gets British citizenship.

When an order is issued, or a convention is ratified, these conditions must be met on that day.

  • One of that must-haves is British citizenship for the parent. Both adapters must be British citizens or residents of a designated territory.
  • In combined adoption, a court order issued in the United Kingdom authorizes domestic adoptions.

If the child is not born in the UK

However, for a child who was not born in the United Kingdom but was adopted abroad through a convention adoption to become a British citizen automatically, the following conditions must be met:

If there were more than one adoptive parent, at least one of them had British citizenship, and both parents lived in the UK regularly.

The child's foreign court issued an adoption certificate, and the child's Article 23 Hague Convention Adoption Certificate must accompany all passport applications for adopted children, as well as proof of the habitual residence and British national of both the child's British adoptive parents.

If the child is not adopted according to the standard convention

An adopted child's route to British citizenship is registered under section 3(1) of the 1981 Act. When a request for registration to have British citizenship is made while a person is still a child under the terms of the 1981 Act, the Secretary of State has the authority to ensure that person to be registered in that capacity.

Consequently, a registration request must be issued when the child is still a minor. The Secretary of State is free to decide whether or not to register an individual instead of being required to do so by law. When exercising presidential discretion, the Secretary of State has a written policy that should be followed unless there are compelling grounds to differ from it.

You can read the policy that guides the Secretary of State's decision. So, before applying it is important that you are aware of the policy.

The Secretary of State will grant citizenship if:

  • The youngster is from a recognized nation or territory for adoption.
  • Adoption is not a one-time or informal deal.
  • The origin family's legal relationship is ended.
  • Adoption is consented by biological parents.
  • The child has good morals (considered only if the child is ten or older).
  • The adoption rules (of both countries) are followed.

But if some of the criteria are not met, the child can get citizenship if the Secretary of State for home finds an exceptional reason.

If the child does not meet the criteria and does not get citizenship, he has to apply for indefinite leave to remain visa to remain UK.

Adoptive or prospective adopted child leave categories

The Immigration Rules allow parents who are British nationals or settled in the UK to bring an adopted kid or prospective adopted child into the UK. If you need any information regarding immigration marriage UK, you can contact Total Law Immigration Services.

When parents in the UK approach an adoption agency to be evaluated and assist in the identification of a child for adoption in a specific country, they are claiming their adopted child's indefinite leave as an adopted child under the laws of the adopted child's country of origin or residence (a country where adoptions are legal). Adopted under the country's laws where the kid was born, or adoptive parents now live, only one parent is legally recognized in the United States.

Restricted stay with a view to settlement recognizes, in a granted way, the circumstance when parents living abroad have cared for a child but lack access to a legal framework in which official adoption can take place. However, under paragraphs 310 - 316C of Part 8, a particular period of child care must be fulfilled before the application may be considered.



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