UK visa for adopted child

[mkumar_2017]

Hello,
My wife & I are both naturalized British citizens. We have adopted our nephew from India. We have been assessed by the adoption agency, DfE UK & CARA India have approved our case and we also have obtained adoption order from the court.
DfE have told us that our case would be processed as a non-Hague one and also they have advised us to apply for a family settlement visa.
Please advise whether this is the right visa to apply. Also we would like to know what evidence should be provided in order to prove that the original parents could not care for the child and there has been a genuine transfer of parental responsibility.
Thanks.

[CR001]

Where are the biological parents and how did you come to adopt the child?

https://www.gov.uk/government/publicati ... settlement

https://www.gov.uk/child-adoption/adopt ... m-overseas

[mkumar_2017]

Thanks for the reply. The biological parents are in India. The child is 1 year old.

We have:
a) Adoption agency assessment & approval letter
b) Certificate of Eligibility from DfE UK
c) No Objection Certificate from CARA India
d) Adoption order from the court in India.

We would be applying for the visa from India.

[CR001]

Why did they give the child up?

[mkumar_2017]

They already had 2 children and they could not afford to take care of the 3rd child. Moreover it is a village where there isn't a favorable environment for the child.

[CR001]

And all these agencies were aware you are adopting a family member effectively 'gifted' to you?

Why is it not a Hague Convention adoption? India is a member of the Hague Convention.

Children who have been adopted in a Hague Convention country For more information on the Hague Convention:What is the Hague Convention?List of countries who have brought the Hague Convention into force.The ECO should note that the UK will not recognise all adoptions, be they domestic or inter-country, made in these contracting states. Only adoptions made and certified between two contracting States under the terms of the Hague Convention will be recognised as legally valid.

[CR001]

Newly released guidance on adoption.

https://www.gov.uk/government/uploads/s ... n-v1.0.pdf

[mkumar_2017]

Entrustment of the child had already taken place; hence, DfE said it has to be a non-Hague adoption.

Please can you let me know:
a) what forms to use for visa application
b) what evidence (other than those mentioned above) should be provided in order to prove that the original parents could not care for the child and there has been a genuine transfer of parental responsibility

PS: I guess our case might be similar to immigration-for-family-members/form-for ... 15613.html

[CR001]

The user you quote doesn't appear to be a family member adopting.

Have you read through any of the links I have provided?

HO takes a very dim view of family adoptions, particularly if the parents are still alive etc and there are other children in that family unit.

What do you mean by 'entrustment of the child had already taken place'?

I asked whether the UK authorities and the Indian authorities were aware it was a close family member you were adopting.

[mkumar_2017]

Yes the adoption agency, DfE & CARA were all aware.

[CR001]

All you can do is try for a child settlement visa (VAF4A) and hope that HO accepts a non Hague Convention adoption, which will likely be at their discretion, so no guarantees.

[CR001]

There have been members reporting visa refusals after adopting a family child member.

[mkumar_2017]

Should I do the Appendix 1 as well? Also is VAF4A done online?

What documents I could to prove that there has been a genuine transfer of parental responsibility?

Thanks.

[CR001]

immigration-for-family-members/tier-1-d ... 67502.html

[mkumar_2017]

"There have been members reporting visa refusals after adopting a family child member."

Had these members been through the assessment and approvals from all relevant authorities?

[CR001]

Should I do the Appendix 1 as well? Also is VAF4A done online?

What documents I could to prove that there has been a genuine transfer of parental responsibility?

Thanks.

Yes and Yes.

You will need to submit ALL your paperwork from the UK authorities and Indian authorities etc and the parents if any, but you might still face hurdles due to HO's policy regarding children of families being adopted or gifted.

[CR001]

"There have been members reporting visa refusals after adopting a family child member."

Had these members been through the assessment and approvals from all relevant authorities?

I can't say, would have to search for the posts. It is not a common question on the forum, particularly family child adoptions for reasons I have already stated.