Immigrationboards.com

Hi Everyone,

My 15-year-old son was adopted in 2005 in Hong Kong when I was living there. I have since learnt that he cannot automatically obtain British citizenship because he is a child adopted outside of the UK, and NOT under The Hague Convention. One way is of course to register him into the Adopted Children Register first - we are now in England. But then even though he qualifies for the list of countries mentioned in The Adoption (Designation of Overseas Adoptions) Order 1973 which is a requirement for the Register, I am still barred from putting him into the Adopted Children Register because I was not living in UK when he was adopted (this being the second criteria for being accepted into the Register).

How then should I proceed to apply for citizenship for my son? Many thanks for your advice.

Consider this, from https://www.childrenslegalcentre.com/re ... tizenship/

Other children can apply to register at discretion. The Home Office technically has a broad discretion to register any child as British. When considering whether or not to grant a discretionary application, the Home Office should consider each application on an individual basis. The Home Office has published criteria explaining what is taken into account when deciding whether or not to grant citizenship at discretion, which includes:

the child’s future intentions
the citizenship and immigration status of the child’s parents
the length of the child’s residence in the UK
whether or not the child is settled
the child’s character (e.g. criminal convictions)
parental consent
what is in the child’s best interests

Applications at discretion, and in particular the ‘good character’ requirement, can be very complex: legal advice should be sought before making an application.

Dear Manci,

Thank you very much for taking time to respond to me. There is much to read and understand from your link and I shall do that carefully.

Forgive me one stupid question - should I write to the Home Office with my plea? I have actually done that on December 16 but so far, no response.

A friend also suggested me to complete Form ACR 52 for the Adopted Children Register, even though I do not quality. May be I should do that, too, amongst other attempts?

Wishing you a blessed day.

I expect you are familiar with the comprehensive and recent (April 2020) guidance on the registration of children as British citizens:

https://assets.publishing.service.gov.u ... 6.0ext.pdf

You probably think that you don't qualify because of the habitual residence issue but this is not a straightforward question.

should I write to the Home Office with my plea? I have actually done that on December 16 but so far, no response

The application form for registering a child as a British citizen is Form MN1 and the guidance document to this form is:
https://assets.publishing.service.gov.u ... -Jul19.pdf

Eventually form MN1 will need to be submitted but IMHO you need professional advice by a lawfirm that specialises in this area and to whom you would need to disclose all relevant documents and other information

How old is the child and what is the child's current immigration status in the UK?

secret.simon wrote: ↑

Wed Feb 03, 2021 4:51 pm

How old is the child and what is the child's current immigration status in the UK?

Currently 15 years old. Visiting only, for 6 months. No visa required.

manci wrote: ↑

Wed Feb 03, 2021 12:04 pm

I expect you are familiar with the comprehensive and recent (April 2020) guidance on the registration of children as British citizens:

https://assets.publishing.service.gov.u ... 6.0ext.pdf

Thank you very much, Manci. I shall read that carefully.

By the way, thank you for the Child Law Advice link. I have written to them already.

That will make any application for citizenship very challenging as he does not seem to have any demonstrated connection to the UK.

If you now live in the UK, you could apply for an ILE application for your son to join you in the UK. That would make it easier for him to either register as a British citizen (before his 18th birthday) or for him to naturalise as a British citizen (after his 18th birthday). Keep in mind that for the latter, he will need to meet all the usual requirements for a normal foreign adult (absences, physical presence in the UK, LITUK, English language test, etc).

secret.simon wrote: ↑

Wed Feb 03, 2021 4:58 pm

If you now live in the UK, you could apply for an ILE application for your son to join you in the UK. That would make it easier for him to either register as a British citizen (before his 18th birthday) or for him to naturalise as a British citizen (after his 18th birthday). Keep in mind that for the latter, he will need to meet all the usual requirements for a normal foreign adult (absences, physical presence in the UK, LITUK, English language test, etc).

Sorry for my lack of knowledge but does ILE mean 'Indefinite Leave to Remain'? If so, under what 'category' should my son apply? Thank you Simon.

Currently 15 years old. Visiting only, for 6 months. No visa required.

Could you please elaborate? What passport does he have?

manci wrote: ↑

Wed Feb 03, 2021 5:21 pm

Could you please elaborate? What passport does he have?

A valid Hong Kong SAR passport. No visa required to be in UK for 6 months.

Websters wrote: ↑

Wed Feb 03, 2021 5:18 pm

Sorry for my lack of knowledge but does ILE mean 'Indefinite Leave to Remain'? If so, under what 'category' should my son apply? Thank you Simon.

ILE is "Indefinite Leave to Enter", effectively the same as ILR, but issued outside the UK.

That is the visa that should be issued by the Home Office if either both parents or the only parent (if the other parent is deceased or divorced) is settled in the UK or moving to the UK as a British citizen. What is the UK immigration of the other parent (if not deceased or divorced)?

Suggest you try to establish from the facts whether you were habitually resident in England or Wales at the time of the adoption

Thank you Simon. Thank you Manci.

Good morning to you, Manci and Simon,

I read in the government website that the local MP also deals with immigration matters. Do you think I should, or could, write to the local MP and explain my case? Would that be of any help? Or would that not be appropriate at all?

Thank you for your advice.