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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Residency. I was born in Scotland . Emmirated to Canada in

Resolved Question:

Residency. I was born in Scotland . Emmirated to Canada in 1976. My children were born in Scoland also. I am now married to a Canadian and adopted my step-son. Can he apply for UK passport /residency through me? If so which is the bst way to do this
Thank You
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

What age is your adopted son please?

Kind regards,

Tom
Customer: replied 2 years ago.
My son is 33yrs old
Expert:  Thomas replied 2 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

I’m afraid that there is a right in certain circumstances for children adopted outside the UK to apply for UK citizenship. However this right must be exercised and an application for registration made before they reach 18 years of age.

Therefore, in your son’s circumstances he would not be eligible to apply for UK citizenship on the basis of his adoption.

If he wishes to work in the UK then he would have to apply for a visa to come here in the same way that other Canadian citizens do unfortunately.

Most foreign nationals of normal financial means tend to apply for Tier 2 General visas in order to come here:-
https://www.gov.uk/tier-2-general
However, you will have to see if there is a job that you could do in the UK on the shortage occupation list. If the job is not on the shortage occupation list then this means that you employer would have to apply to become a licensed sponsor of skilled migrants and also confirm to the UKBA that they have carried out a the Resident Labour Market Test. This test is effectively to show that their are no resident/eea national in the locality that can perform your role, though this might be difficult if there are other accounts officers who could do the role.

If a Canadian citizen has a grandparent born in the UK then they can apply for an ancestry visa:-
https://www.gov.uk/ancestry-visa

You will see that the provision relating to eligibility in this regard rule out an application based on a step-parent, but this is obviously different to an adoptive parent. The rules do not specifically rule in or rule out an application based on an adoptive parent and so this may be the best way forward if he wishes to come to the UK (provided that one of your parents were born in the UK). I would caution that I would instruct a solicitor based in the UK to do some in-depth case research before he applies to confirm that an adoptive parent can be used in this way.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom

Customer: replied 2 years ago.
He has great grandparents born in the UK on my present husbands side of the family. My son travelled for several years and did work in the UK for two years. ....working on Visas.
I assumed because I had Dual Citizenship he would qualify. I raised him from age 12 but not adopt till an adult .
Therefore do you suggest we hire a lawyer ? He fell in love with UK and would like to live there
Thank You
Expert:  Thomas replied 2 years ago.
Hi,

I'm afraid that if you did not adopt him until he was over 18 then he would not qualify for UK citizenship as a result.

I raise the point on an ancestry visa on the basis that I assumed that one of your parents were born in the UK. If this is the case you might be able to argue that he should be regarded as having a grandparent born in the UK (ie one of yours). However, it is not specifically covered in the ancestry rules, which is why it might be a good idea to instruct a lawyer to establish the case law on adoptive parents/grandparents and whether this is acceptable from an ancestry visa point of view.

Kind regards,

Tom
Customer: replied 2 years ago.
Thank you ver t much for your info
Regards
L
Expert:  Thomas replied 2 years ago.
Thanks, L.

Good luck.

If you could rate my answer I would be grateful.

Kind regards,

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience: UK Lawyer holding practising certficate for England & Wales.
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