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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33310
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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But I did not want to go through the process for adopting a

Customer Question

I am British, but I did not want to go through the long process for adopting a child abroad, so I moved permanently to Nigeria, married my Nigerian boyfriend and adopted my baby girl with him in September 2012. We fully adhered with the Nigerian law to complete the adoption process.
I have now tried to get my daughter a UK visa, but it was refused on the basis that I need an adoption re-certification letter. The Ministry in charge of the adoption process here wrote to the High Commission that my daughter's adoption was in accordance with the law, however that letter was not sufficient. The UKVI has however not furnished better and clearer information about what this re-certification letter is about, and who issues it.
My suspicion is that it is a document relating to adoption processes for those resident in the UK at the time of the foreign adoption, however I am still unclear.
Could you therefore advise me on the adoption re-certification letter for the purpose of getting a visa for my daughter to return to the UK with me, and on who issues it.
Thank you
Submitted: 10 days ago.
Category: Law
Expert:  Clare replied 10 days ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

When did you actually move to Nigeria, and are you now intending to return here to live as a family?

Customer: replied 10 days ago.
I moved to Nigeria in 2012.
I am only intending to get my daughter a residency permit for the UK.
We will return to Nigeria once she has the residency visa/stamp on her passport.
My issue is literally what the adoption re-certification letter is, and who issues it.
Expert:  Clare replied 10 days ago.

Sorry - so you want a visa for her?

What was the exact wording used in the letter?

Customer: replied 10 days ago.
I also note that a document which is required in the adoption process - Re-Certification Letter has not been submitted......
Expert:  Clare replied 9 days ago.

In that case your assumption is correct - this is part of the process which would have been followed had you applied in the Uk to adopt from Nigeria

You will have a problem insofar as you adopted so soon after moving there that no doubt it will be argued that you should still have had the Uk assessment.

However the fact that you are only visiting should be sufficient to ensure that the matter goes forward

Please ask if you need further details

Customer: replied 9 days ago.
You have not answered my question madam.
What is an adoption re-certification letter, and who issues it.
I am right about my assumption is not a professional answer to my query please.
Please explain what this letter is, the relevance for my application, and who issues it.
As far as I understand, I am supposed to get it from the country of adoption.
Customer: replied 9 days ago.
Kindly read my query again.
If you find that you do not have the expertise to answer or advise me, kindly say so and refund my money in full.
Quite honestly, your further questions and final reply clearly only show that you have no idea about what I have been talking about.
Thank you
Expert:  Clare replied 9 days ago.

My apologies for any confusion.

The Certificate referred to is the one that confirms that confirms that the Final Adoption Order was made in accordance with the terms of the Hague Convention on inter-country adoption.

This is not the same as saying that it was made in accordance with Nigerian law - it refers specifically to the Inter- Country Adoption process.

It is issued by the Nigerian Authorities - whichever department receives the Certificate of Eligibility issued by the UK Authorities in inter-country adoption cases.

I am sorry I did not make this clear in my first reply.

Customer: replied 5 days ago.
Please madam, if you do not know the answers to my questions, say so.
That way, I can proceed to collecting my money back from the people operating this website
For the purpose of clarity, who is the authority responsible for issuing the adoption re-certification letter?
Telling me the Nigerian Authorities - whichever department receives the Certificate of Eligibility issued by the UK Authorities in inter-country adoption cases is certainly not the answer to my query.
I told you the Ministry in charge of Adoption matters in Nigeria issued a letter to state that the adoption was in accordance with the law. You are telling me it is the Ministry in charge of adoption matter who issues the adoption re-certification letter.YOU ARE WRONG!!!!! The Ministry in charge of adoption matters in Nigeria issued a letter to certify that my daughter's adoption was fine. The High commission said it was not what they wanted. I have asked you to explain what they wanted and where I can get it, you are just going round and round, to tell me the exact same thing I said to you in the first place.Please say you don't know, instead of pulling my nose.
Expert:  Clare replied 5 days ago.

I am sorry that I did not make the position clear.

Your Adoption is indeed utterly valid in Nigeria and was in accordance with Nigerian law.

However this is NOT what the Re-Certification letter confirms.

The Certificate you are being asked for is confirmation that the Adoption in Nigeria was completed in accordance with the Inter-Country Adoption procedures of the UNITED KINGDOM - not Nigeria.

Under these Regulations a Certificate of Eligibility is sent from the Uk to Nigeria - then the matching process and the adoption take place and then the "Re-Certification" letter confirms that the Nigerian Adoption was based on that Certificate.

You cannot obtain such a Re-Certification letter since you did NOT adopt in accordance with the UK inter-country adoption laws.

Instead you need to explain carefully clearly and patiently that you adopted as a Resident of Nigeria NOT the United Kingdom and that accordingly there is no such letter required

I know that this is not what you wish to hear, and I appreciate that the process is not clear - but this IS what the letter is - and you cannot obtain it

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