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Grant of Visa/BC by Adopting a British Child
Posted: Mon Aug 10, 2015 12:46 am
by ms0807
Hi
Me and wife have ILR and we want to help one of our relative by giving our British Born (now British) child to them, Our relatives (this couple) who are married since last 12 years but has not been blessed by a Child of their own yet.
This couple lives Back home in (Non EU country), by adopting our British child will they be able to get any sort of visa to live in UK or British Citizenship now or in the future.
We are purely trying to help them as they are so desperate for a baby, although they are not much interested coming and living in the UK, but we (me and wife) thinks if child stays in UK with this couple then we will easily be able to see the child. At the end of the day we are the Birth parents and will miss the child all of our life.
Please advise?
Re: Grant of Visa/BC by Adopting a British Child
Posted: Mon Aug 10, 2015 9:44 am
by Wanderer
ms0807 wrote:
This couple lives Back home in (Non EU country), by adopting our British child will they be able to get any sort of visa to live in UK or British Citizenship now or in the future.
No.
Re: Grant of Visa/BC by Adopting a British Child
Posted: Mon Aug 10, 2015 1:28 pm
by secret.simon
I could be wrong, but by being adopted, the child acquires the citizenship of the Non-EEA adoptee parents. I am not absolutely certain, but s/he may also lose British citizenship (as the parents have changed). So, probably not the route that you may wish to take.
Re: Grant of Visa/BC by Adopting a British Child
Posted: Thu Aug 13, 2015 12:36 am
by ms0807
Hi
I should have given more details in first place, My child's new parents live back home in Pakistan and they are married and have Pakistani passport. As we (me and wife) are on ILR and have Pakistani Passport, our child has Pakistani passport as well as British passport, I don't think my child will loose British Citizenship if he is adopted by his new parents, please through some light on it, as I don't want our child to loose BC.
1. I am a bit worried of him loosing BC, I believe Pakistan allows dual nationality, as well as UK. so my child can have two passports (Pakistan & British), plz correct me if I am wrong
2. Ok I understand his new parents can not have any visa/ILR/BC just by adopting him, but are there any other routs or ways where they can come and live in UK, at the end of the day we want to have our child close to us, if possible
Anymore comments, suggestions OR anyone who has gone through with this process before.
Re: Grant of Visa/BC by Adopting a British Child
Posted: Thu Aug 13, 2015 9:09 am
by Wanderer
ms0807 wrote:Hi
I should have given more details in first place, My child's new parents live back home in Pakistan and they are married and have Pakistani passport. As we (me and wife) are on ILR and have Pakistani Passport, our child has Pakistani passport as well as British passport, I don't think my child will loose British Citizenship if he is adopted by his new parents, please through some light on it, as I don't want our child to loose BC.
1. I am a bit worried of him loosing BC, I believe Pakistan allows dual nationality, as well as UK. so my child can have two passports (Pakistan & British), plz correct me if I am wrong
2. Ok I understand his new parents can not have any visa/ILR/BC just by adopting him, but are there any other routs or ways where they can come and live in UK, at the end of the day we want to have our child close to us, if possible
Anymore comments, suggestions OR anyone who has gone through with this process before.
2. Yes, by qualifying under their own rights, ie student visa, work permit, entrepreneur visa, investor visa.
Certainly not because of the child being biologically yours.
This whole story smells wrong to me.....
Re: Grant of Visa/BC by Adopting a British Child
Posted: Thu Aug 13, 2015 9:15 am
by noajthan
ms0807 wrote:Hi
Me and wife have ILR and we want to help one of our relative by giving our British Born (now British) child to them, Our relatives (this couple) who are married since last 12 years but has not been blessed by a Child of their own yet.
This couple lives Back home in (Non EU country), by adopting our British child will they be able to get any sort of visa to live in UK or British Citizenship now or in the future.
...
Please advise?
You cannot simply gift a child to someone for altruistic reasons nor to circumvent immigration laws.
See pg 13-14 of this guide:
https://www.gov.uk/government/uploads/s ... e_2015.pdf
Children are protected by international human rights & the Hague Convention on adoption and if HMG is hardline on immigrants it is arguably more hardline on this.
Re: Grant of Visa/BC by Adopting a British Child
Posted: Thu Aug 13, 2015 12:43 pm
by secret.simon
ms0807 wrote: I don't think my child will loose British Citizenship if he is adopted by his new parents, please through some light on it, as I don't want our child to loose BC.
I am not an expert on adoption law, but what I understand is that simplistically, the child is treated as if it was born to the adoptive parents. Its citizenship would be determined as if s/he was born to the adoptive parents. As the adoptive parents do not have any rights to British citizenship, I believe that the child would be treated as if born in the UK to parents who were not settled in the UK. So, s/he could lose the British citizenship that it has, but would likely retain the rights that arise from being born in the UK (such as being entitled to registration if the adoptive parents subsequently settle in the UK or if s/he subsequently spends 10 years legally in the UK).
The above is my understanding of the law on adoption and I could be wrong.
Re: Grant of Visa/BC by Adopting a British Child
Posted: Thu Aug 13, 2015 7:09 pm
by noajthan
secret.simon wrote:ms0807 wrote: I don't think my child will loose British Citizenship if he is adopted by his new parents, please through some light on it, as I don't want our child to loose BC.
I am not an expert on adoption law, but what I understand is that simplistically, the child is treated as if it was born to the adoptive parents. Its citizenship would be determined as if s/he was born to the adoptive parents. As the adoptive parents do not have any rights to British citizenship, I believe that the child would be treated as if born in the UK to parents who were not settled in the UK. So, s/he could lose the British citizenship that it has, but would likely retain the rights that arise from being born in the UK (such as being entitled to registration if the adoptive parents subsequently settle in the UK or if s/he subsequently spends 10 years legally in the UK).
The above is my understanding of the law on adoption and I could be wrong.
My understanding is that adopted children generally become dual citizens (unless local laws prevent this).
And as per wikipedia:
British children adopted by non-British nationals do not lose British nationality, even if they acquire a foreign nationality as a result of the adoption.
However I find it hard to believe any authorities would endorse the kind of adoption proposed here.
Children have their own rights and are not packages to be shipped around the globe.
Re: Grant of Visa/BC by Adopting a British Child
Posted: Thu Aug 13, 2015 8:31 pm
by boloney
if you love your child why would you give it for adoption?
I'm sure in Pakistan they have kids that lost parents or even were left by them and those kids can be adopted by couple that want child not for immigration purposes. why don't they do this if they want child and can't have one?
Re: Grant of Visa/BC by Adopting a British Child
Posted: Thu Aug 13, 2015 9:03 pm
by Wanderer
boloney wrote:if you love your child why would you give it for adoption?
I'm sure in Pakistan they have kids that lost parents or even were left by them and those kids can be adopted by couple that want child not for immigration purposes. why don't they do this if they want child and can't have one?
Seems to be if one was a cynical person the subtext here is to use the child to hopefully gain entry to the UK for the adopters, but that's not me, I'm not cynical at all.
Re: Grant of Visa/BC by Adopting a British Child
Posted: Fri Aug 14, 2015 12:39 am
by vinny
It's also a way to traumatise your child.