Can my adopted children stay in UK?

[slam33]

Hi All
I have a question that I don't even have an answer for. I'm British and my wife she is Italian we both adopted two lovely children age 12 and 14 in Nigeria, as of present both of them are in UK on Vistors visa for a month holiday.

My questiion now is can they change their status while in UK or they have to go back To Nigeria to apply for settlement visa or can they register as British while in Uk.

[Casa]

Any reason that you applied for 1 month entry visas for them and not permanent settlement visas? Normally visitor visas can't be switched to other categories in the UK, and unless someone can confirm differently, I believe you will have to apply from their home country.

[slam33]

Any reason that you applied for 1 month entry visas for them and not permanent settlement visas? Normally visitor visas can't be switched to other categories in the UK, and unless someone can confirm differently, I believe you will have to apply from their home country.

they have six month visiting visa but they will be staying for 1 month.

Secondly to your question being in the Armed Forces I travel a lot and I do change place of work every six to 14 month which I think it will affect their education.

[Casa]

I assume that you will want your children to settle in the UK, and will need British Passports for them in enable them to travel with you? If the children were adopted through the British Courts then they are automatically entitled to British Citizenship. If they were adopted through a foreign court (i.e Nigeria), then they will not have automatic right to this and you will have to apply for the application to be considered. You will need to apply for entry clearance from Nigeria.
If you need further information having adopted your children from another country other than the UK, have a look at the Department for children schools and families website. www.bia.homeoffice.gov.uk website will also give you entry requirements for settlement if you enter 'adopted children' into the search option.

[JAJ]

I assume that you will want your children to settle in the UK, and will need British Passports for them in enable them to travel with you? If the children were adopted through the British Courts then they are automatically entitled to British Citizenship. If they were adopted through a foreign court (i.e Nigeria), then they will not have automatic right to this and you will have to apply for the application to be considered. You will need to apply for entry clearance from Nigeria.
If you need further information having adopted your children from another country other than the UK, have a look at the Department for children schools and families website. www.bia.homeoffice.gov.uk website will also give you entry requirements for settlement if you enter 'adopted children' into the search option.

Some corrections needed here, as far as I can see:

1. The "no switching" rule does not apply to children under 18.

2. Children adopted overseas by British citizens can be registered as British under section 3(1) of the Act. However, the problem is that Nigeria isn't a "designated" country for adoptions, so unless it is a Hague Convention compliant adoption I can foresee some problems.

Home Office policy can be read in section 9.8 of Chapter 9:
http://www.bia.homeoffice.gov.uk/policy ... ns/nivol1/

The assistance of an immigration lawyer will likely be required.

[Casa]

JAJ. Does the no-switching rule apply to adopted children under 18? As the instructions show that children adopted overseas will need to apply for entry for settlement before they arrive in the UK. Would value your opinion.

[slam33]

I assume that you will want your children to settle in the UK, and will need British Passports for them in enable them to travel with you? If the children were adopted through the British Courts then they are automatically entitled to British Citizenship. If they were adopted through a foreign court (i.e Nigeria), then they will not have automatic right to this and you will have to apply for the application to be considered. You will need to apply for entry clearance from Nigeria.
If you need further information having adopted your children from another country other than the UK, have a look at the Department for children schools and families website. www.bia.homeoffice.gov.uk website will also give you entry requirements for settlement if you enter 'adopted children' into the search option.

Some corrections needed here, as far as I can see:

1. The "no switching" rule does not apply to children under 18.

2. Children adopted overseas by British citizens can be registered as British under section 3(1) of the Act. However, the problem is that Nigeria isn't a "designated" country for adoptions, so unless it is a Hague Convention compliant adoption I can foresee some problems.

Home Office policy can be read in section 9.8 of Chapter 9:
http://www.bia.homeoffice.gov.uk/policy ... ns/nivol1/

The assistance of an immigration lawyer will likely be required.

Thanks JAJ for your input, ok where do I stand Nigeria is not part of Hague Convention.Does that mean I have to do the adoption again in UK court for them to be able to apply for British Citizenship

[Thandia]

I assume that you will want your children to settle in the UK, and will need British Passports for them in enable them to travel with you? If the children were adopted through the British Courts then they are automatically entitled to British Citizenship. If they were adopted through a foreign court (i.e Nigeria), then they will not have automatic right to this and you will have to apply for the application to be considered. You will need to apply for entry clearance from Nigeria.
If you need further information having adopted your children from another country other than the UK, have a look at the Department for children schools and families website. www.bia.homeoffice.gov.uk website will also give you entry requirements for settlement if you enter 'adopted children' into the search option.

Some corrections needed here, as far as I can see:

1. The "no switching" rule does not apply to children under 18.

2. Children adopted overseas by British citizens can be registered as British under section 3(1) of the Act. However, the problem is that Nigeria isn't a "designated" country for adoptions, so unless it is a Hague Convention compliant adoption I can foresee some problems.

Home Office policy can be read in section 9.8 of Chapter 9:
http://www.bia.homeoffice.gov.uk/policy ... ns/nivol1/

The assistance of an immigration lawyer will likely be required.

I agree, especially with point 2. Slam, an example is Madonna's adoption in Malawi. I believe Malawi isn't a designated country, hence Madonna being put on "probation" so to speak. Thats why she was still being observed by sw's from Malawi as to how well the child was adapting. U will go through the same process where you'll have to adopt the children through the UK courts & sw's will have to observe you & carry out assessments & reports. U need to contact your local authoriies adoption & fostering team for more information. Links here:

http://www.hmcourts-service.gov.uk/cour ... a20(1).pdf

http://www.opsi.gov.uk/acts/acts2002/pd ... 038_en.pdf

[JAJ]

Does that mean I have to do the adoption again in UK court for them to be able to apply for British Citizenship

I think you need to contact a good family law solicitor in the U.K. about the possible way forward.

If you adopt them under British law, they will automatically become British citizens if you are one.