Ancestry Visa via adoption/step-parents

[pdwb11]

Hi all,

I'm an Australian citizen, and lived in the UK for 2 years on the Tier 5 Youth Mobility Scheme (Oct 2010-2012) and am soon (hopefully) to re-enter the UK on a Tier 5 Creative and Sporting visa thanks to a sponsoring organisation.

My question, however, is in relation to Ancestry visas. The UKBA website does state that "You cannot claim UK ancestry through step-parents, but you can apply if you or your parent (through whom you are claiming ancestry) are adopted." All of my biological grandparents are Australian, and therefore so are my parents, but my father's step-father is British, and only became my father's step-father because his biological father died when my dad was very young.

I don't know if my father and his siblings were ever technically adopted by their step-father, but they certainly grew up with him as their father, and I don't see the difference between this and adoption at all. Can anybody clarify the UKBA's position on this matter?

I've looked into Australian law regarding adoption of an adult (in the case of my father not being legally adopted as a child) and it seems adult adoption may possible in cases such as this where is can be proven that the adopter was responsible for the care and education of the adoptee in the role of a parent.

The big question is, if my father could successfully be adopted by his step-father, would my father then be eligible for a British passport, and I for an ancestry visa?

Yours faithfully,
Paul

[Greenie]

The difference is that an adoptive parent is legally considered the parent of a child. A step parent is not.