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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Good morning. Could You, please, advise, us, How to proceed

Resolved Question:

Good morning.
Could You, please, advise, us,
How to proceed with the in-family adoption.
The situation is:
My Husband (British National) and I (Kazakhstan national) have been married ,5 years and together ,5 years in total. I've got a son from previous relationship (Not on the Birth Certificate, so I'm in sole custody over the child who is 15 now). Due to my husband's business commitment he work and live in the Middle East and so do we-me and my son.
What we have gathered from the websites is that the process of an in-family adoption where the child is a foreign national is similar to the adoption process where the child is unknown and an overseas national, when we thought its a straight forward process. And also that we Both would have to adopt him even though the child is my biological son. Thank You so much in advance.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Is there any chance that you could complete the adoption in Kazakhstan?
Clare
Customer: replied 2 years ago.

Good afternoon, Claire!

Thank you quick response.

We have made all the possible inquiries and it appears that there is no Such a thing in Kazakhstan as In-Family adoption, where the adoptive parent is a foreign national. Only those Kazakh children can be adopted by a foreigners, who's both parents are either dead or withdrawn of the custody over them due to alcoholic/drugs dependence or violent treatment towards those children, and only those children can be adopted who were on the Kazakh adoption agencies' websites less than 6 month and were not spotted by kazakh couples, willing to adopt. But he is not an orphan, lives with us permanently and I have got the sole custody and I am the only parent mentioned in his Birth Certificate, so consent of another birth parent would not be required.

Thank You so much in advance,

Elena

Expert:  Clare replied 2 years ago.

Is it possible to move to the UK as a family least a year?
Clare
Customer: replied 2 years ago.

Unfortunately, my husband's work pattern is a residential one and we intend to live least a couple of years, by which time, practically, the child will turn 18 (he was born on the 3rd of May 1999 so he will turn 16 this May). And in couple of years time we plan to reside in the UK.

Expert:  Clare replied 2 years ago.
Elena
The news i snot good I am afraid.
To adopt your son in the UK your son and your husband have to be resident in the UK - and have been resident least a year.
You would not have to join in the adoption as this is a step parent adoption
You can read more here
http://www3.hants.gov.uk/step_parent_adoption_booklet_27.11.07.pdf
I am sorry - I know that this is not the news that you wanted
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Good afternoon, Clare!

Oh, that is very frustrating news as we want to make sure that my son who is and has been treated as a child of the family to have the solid rights inheritance.

Could You tell us, if just us 2-me and my son will come to reside in the UK as of the end of the current school year,in the mid summer this year, to not interrupt the educational process at the end of the academic year, by which the child will just turn 16 years of age, which will allow 1 year of living in the UK and will leave approximately 6 month to make an application adoption in the UK, will the adoption be possible, given the fact that we have lived as a family in the Middle East and do have an emotional and family bond between us 3? As my husband is the only bread winner in the family as of now. And, of course, we would be seeing each other quite often, as he can split his vacation entitlement (2ce a year into 4-6 shorter visits) and me and my son can go to the Middle East on numerous occasion as long as it won't be in the breech with the immigration law and won't exceed 270 days a year in total.

Thank You so much in advance,

Elena

Expert:  Clare replied 2 years ago.

I am afraid that you must all be resident in the Uk if the application is to be made.
This does not mean that he cannot work abroad some of the time - but it must be clear that the family home is in the UK
Clare
Customer: replied 2 years ago.

Thank You so much, Claire! You helped So Greatly! 1 more question: do I have to live 1 year before the application submission afoption on the Spousal visa in the UK or Family visit will be OK?

Expert:  Clare replied 2 years ago.

Provided you are here year and a clear family home has been established the immigration status is not likely to be a problem.
You can also contact Social services as soon as you are settled so that the application is well advanced before the year is up!
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank You Great help and now we know what to do! Thank YOU!

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