Immigration and VISAS can be a pain when settling in the UK. For children born in the UK, the process is easier and straightforward. However, in the case of adopted children, it’s not an easy matter. In some circumstances, British Citizenship is automatically awarded when the child is adopted. Whereas in other cases, one has to go through formal and legal procedures.
The laws for citizenship stated under the British Nationality Act of 1981 is as follows:
Sections 1(5) and 1(5A) of the British Nationality Act:
- any court in the United Kingdom or, on or after the appointed day, any court in a qualifying territory makes an order authorizing the adoption of a minor who is not a British citizen; or
- a minor who is not a British citizen is adopted under a Convention adoption,
In simple words, adoption can be made if at least one of the adoptive parents is a British national and resident of the UK at the time of adoption. Else, when a child is adopted by the order of a court. Provided that at least one of the adoptive parents is a British Citizen when the child is being adopted.
To proceed with the citizenship for an adopted child. The parents have to make an application at the immigration and citizenship bureau, providing documented proofs of adoption and other documents including their citizenship status.
The registration process has some requirements that apply for any citizenship application. The child has to be a minor at the time of application. A character certificate is required for children above ten years of age. Then the matter is left on to the Secretary of State to decide whether the child is fit for registration or not.
There is published guidance and a set of rules for the Secretary of State to follow. It is available for the public to refer to as well. The most recent guidance can be accessed through the internet issued by any immigration and legal expert.
For Overseas Adoption Cases
Several incidents have been recorded, where parents adopt children from outside the United Kingdom. In that case, that adoption has to be made in regions or territories whose procedures are recognized by the UK. The additional criteria that follow this procedure include:
- The adoption should be permanent and documented.
- The adoptive parents have completed legalities for adoption and the child’s relationship with real parents have been terminated.
- At least one of the adoptive parents is a British National or Habitat of Britain.
- The current parents have given consent.
- The child’s adoption is not just to get a UK green card.
Immigration and citizenship laws are undoubtedly complex that can only be handled by professionals. Although the number of such cases is rare, they are equally complex having major loopholes. If you are looking for help regarding such a matter. A web search on immigration lawyer Nottingham could help find the right solicitor for your case.