How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your Law Question Here...
UK_Lawyer is online now

We are both British citizens, and have adopted a young boy

Customer Question

We are both British citizens, and have adopted a young boy in Sierra Leone. The adoption process has gone through and we now have the adoption documents signed by a High Court Judge in Sierra Leone. How do we go about applying for a visa to bring him over
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Could you please confirm if the adoption was made under the Hague Convention?

Kind regards
Customer: replied 3 years ago.


Yes it was

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Could you please confirm if it was a 'full order' or an 'interim order' adoption order?

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
The reason for my question was because of the following differences:

An interim order
Some Hague Convention countries will issue an interim adoption order to allow the child to live with the adopting parents. This can be converted to a full order at a later date, normally six or twelve months after the interim order, but this period can differ depending on the State in which they are adopting. An interim adoption order is not valid under UK law.

If an interim adoption order from a Hague Convention country has been issued, and all the other requirements of the Immigration Rules relating to adoption can be met, the immigration officer must grant entry clearance to the child.

If the parents intend to adopt a child, who is the subject of the interim adoption order in another country, through the courts in the UK, the immigration officer must consider the case under paragraphs 316D-F of the Immigration Rules relating to ‘for adoption’.

Leave is granted for a period not exceeding 24 months to allow for completion of adoption.

If the parents are waiting for the interim adoption order to be made final in the Hague Convention country, immigration officer can consider the case exceptionally outside the rules.

There are two types of Hague Convention adoption and it is important to note that even though a country has agreed to the convention it does not mean all adoptions in that country will be under the terms of the convention.

If a child is coming to the UK to be adopted under the Hague Convention, they must:

• be joining one or two prospective parents who are both habitually resident in the UK and who are the sole occupiers of accommodation where they can support and house the child without help from public funds
• be the subject of an agreement made under the Hague Convention
• have been entrusted to the prospective parents by the authorities of the country from which they are coming, and
• be under the age of 18.

The child will apply using the following form VAF4A:

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/

A full order

An adoption order made abroad and certified as valid by the relevant foreign authority under Article 23 of the Hague Convention is recognised under UK law. For example, adopters will be recognised as the parent(s) of the child without needing to obtain an adoption order in a UK court.

If the adopter or, in the case of a joint adoption, one of the adopters is a British citizen and they are both habitually resident in the UK (or a territory designated for the purposes of the British Nationality Act 1981), the child will automatically acquire British citizenship on the date the Convention adoption takes effect.

Under Section 1(5) of the British Nationality Act, 1981, a child who has been adopted through the courts in the UK automatically acquires British citizenship on the date the order was made if:

• the adoptive parent is a British citizen, or
• in the case of a couple, one or both parents are British citizens.

If a child is adopted under a Hague Convention adoption under the law of a country or territory outside the UK, this child will be a British citizen from the date of the adoption if:

• the adoptive parent is a British citizen, or
• the adopter or, in the case of a joint adoption, both adopters are habitually resident in the UK or a designated territory.

In becoming a British citizen the child acquires a right of abode in the UK. British parents can apply to register their children as British citizens, this would normally apply where the British parents are living overseas and go through a local adoption process in a designated country.

You can apply for a passport by obtaining a form from the Passport Office.

If you want to travel abroad before you have received a British passport, you must take the letter and a copy of the adoption order as evidence the child is a British citizen for your return to the UK.

Please see following link regarding which form to use if the child is outside of the UK on the assumption the child is under the age of 15:

https://www.gov.uk/overseas-passports/y/sierra-leone/applying/child

The place where to send your application is detailed at the following link:

http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/66-nat-add

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
Is there anything else I can assist you with?

Kind regards
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below your Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola
Expert:  UK_Lawyer replied 3 years ago.
Kindly rate my answer positively so I can get credited for my time.

Kind regards

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice