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Kayalami
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Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Adoption

Post by Kayalami » Mon Mar 29, 2004 6:17 pm

The following pm came from a poster who has agreed to it being shared with the board for the benefit of others who may find themseleves in a similar situation.
I have a 15 year old nephew (from India), who is very keen on studying in UK. I have an indefinite leave to remain here and my brother is a British Citizen. Is there anything either of us can do to help him come here and settle? Am I able to adopt him? Can I enrol him to an educational institution for studies? Just wondering where to go looking for answers. What way can I get him here for good? His parents are in India.
I have started by reviewing the immigration rules in relation to settlement for children to see which route would be appropriate in your circumstances. The route that you raise is really one of adoption. The rules state:
310. The requirements to be met in the case of a child seeking indefinite leave to enter the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom are that he:

(i) is seeking leave to enter to accompany or join an adoptive parent or parents in one of the following circumstances;

(a) both parents are present and settled in the United Kingdom; or

(b) both parents are being admitted on the same occasion for settlement; or

(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or

(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or

(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing; or

(f) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; or

(g) in the case of a de facto adoption one parent has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is seeking admission to the United Kingdom on the same occasion for the purposes of settlement; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried, and has not formed an independent family unit; and

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

(v) DELETED

(vi) (a) was adopted in accordance with a decision taken by the competent administrative authority or court in his country of origin or the country in which he is resident, being a country whose adoption orders are recognised by the United Kingdom; or

(b) is the subject of a de facto adoption; and

(vii) was adopted at a time when:

(a) both adoptive parents were resident together abroad; or

(b) either or both adoptive parents were settled in the United Kingdom; and

(viii) has the same rights and obligations as any other child of the adoptive parent's or parents' family; and

(ix) was adopted due to the inability of the original parent(s) or current carer(s) to care for him and there has been a genuine transfer of parental responsibility to the adoptive parents; and

(x) has lost or broken his ties with his family of origin; and

(xi) was adopted, but the adoption is not one of convenience arranged to facilitate his admission to or remaining in the United Kingdom; and

(xii) holds a valid United Kingdom entry clearance for entry in this capacity.
I regret to say that IMHO I see no aspect in which your nephew meets the rules in any regard. The situation is compounded where you may be single and male as well as the fact that India is not on the list of designated countries in which adoptions are accepted in line with those of the UK courts. Note that even if you are eventually successful with formal/defacto adoption the ECO will especially consider (ix), (x), and (xi) of the rules - they see these applications all the time especially in the subcontinent and believe you me its all about detailed investigations of the entire family tree. Your nephew's age is another disadvantage given the time requirements for an adoption process. Note that this process would also involve UK Social Services in your area which coupled with the provisions of the adoption bill (it may have been passed) on single parent (esp. male) adoption would add to the duration.

However he is able to enter the UK for education purposes on a student visa. However I am not sure he would qualify for free/ state education because this would be on the basis of him being a dependent of someone in the UK on a long term basis i.e. not a visitor and it will be unlikely for the ECO to accept him as your dependent (they will be o.k with you being his guardian). He would thus have to be attending a fee paying school e.g. Independent, public school etc which tend not to come cheap. Another challenge for your nephew is the UK school year starts in September and ends in June/July of the following year. Most UK children sit for their GCSE examinations which mark the end of compulsory schooling in the May of when they are 16. These exams would be based on a 2-3 year preparatory period leading up to this final year of school at 16. Your nephew may get caught out depending on how far into the preparatory phase his class may have progressed. This in my experience only leads to frustration on all parties and a rather unhappy child. Perhaps it is worth considering his entry into the UK education system at the tertiary level. Immigration Policy in the future will be very much geared towards younger skilled immigrants and who better than UK educated graduates.

Do note that this is just my opinion based on my understanding and interpretation of the rules although pretty much the same is addressed by the diplomatic services procedures which mirror the IDI's for EC applications. You may wish to consider seeking legal advice from a competent party who may have details on various concessions available.

Best of luck

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