Adopted Children - UK Visa and Immigration

This guidance explains what the Immigration Rules say about adopted children coming to join one or both of their parents in the United Kingdom (UK), and about children coming to the UK to be adopted.

You must be able to show that:

• You currently live and are settled in the UK legally, with no time limit on your stay, and
• You can support your child and provide somewhere to live without needing help from public funds.

For your child to qualify to join you in the UK, you, or your child, must show that he or she:

• cannot support themselves financially, is not married and is not living independently away from their parents
• is under 18 years of age
• was adopted when both parents lived together abroad or when one or the other parent was settled in the UK
• has the same rights as any other child of the adoptive parents
• was adopted because their birth parents could not care for them and there has been a full and genuine transfer of parental responsibility
• has broken all ties with their birth family, and
• was not adopted just to make it easier to enter the UK.

Your adopted child must get a visa before they travel to the UK, unless they qualify for a passport issued by an EEA member state.

Under the Adoptions with a Foreign Element Regulations 2005, it is now an offence for prospective adoptive parents to bring a child into the UK to adopt them, unless the adoptive parents have met all the legal requirements. The penalty for not following legal requirements is an unlimited fine or up to 12 months’ imprisonment (or both).

The Adoptions with a Foreign Element Regulations 2005 aim to prevent people from bringing children into the UK to adopt them unless:

• the adoptive parents have already been assessed and approved by a local council or a voluntary adoption agency (VAA), and
• their suitability has been approved by the Secretary of State for Education and Skills.

To avoid committing an offence, these regulations say that prospective adoptive parents in England and Wales must already have:

• applied to a local council or VAA for approval of their suitability to adopt a child
• successfully completed the assessment process
• received confirmation, in writing, of the adoption agency’s decision to approve them as suitable adoptive parents, and
• received notification, in writing, from the Secretary of State for Education and Skills that they are prepared to issue a ‘certificate of eligibility’.

Within 14 days of the prospective adoptive parents' arrival in the UK with a child, they must tell their local council of their intention to adopt the child. Once the council has received this notification, the child will become a protected child under section 22 of the Adoption Act 1976 and will be monitored by the council under sections 32 and 33.

It is strongly recommend to read the Home Office's guidance on Inter-Country Adoption and the Immigration Rules, which can be found on the UK Border Agency website:
Inter-Country Adoption and the Immigration Rules

How long can my adopted child stay?

If your child was adopted in a designated country and both you and your husband, wife or civil partner are settled in the UK, or if you alone are responsible for the child, they will normally be allowed to stay permanently in the UK from the date they arrive.

If your child has not been adopted in a designated country, they will normally be allowed to stay in the UK for 12 months so the adoption process can continue through the UK courts.

Will my adopted child automatically become a British citizen?

Your child will only become a British citizen if you adopted them through the UK courts and at least one of you (as their adoptive parents) was a British citizen when the adoption order was made.

Does my adopted child need a visa?

All adopted children coming to the UK need a visa before they travel unless they qualify for a passport issued by an EEA member state.

How do I apply for a visa for my adopted child?

You can apply in a number of ways, for example by post, by courier, in person and online. The visa section will tell you about the ways in which you can apply.

Some visa sections will only accept visa applications made online. To find out if you can apply for your visa online please visit www.visa4uk.fco.gov.uk

If you cannot apply online, you will need to fill in a visa application form (VAF 4 – Settlement). You can download the form from this website, or get one free of charge from your nearest visa application centre.

You should apply for entry clearance for an adopted child in the country of which the child is a national or where they legally live.

In some countries, if you are applying for a visa to stay in the UK for more than six months, you may need to be tested for active tuberculosis before we will accept your application. You can find out if you need to be tested by using our Do I need a visa? questionnaire on the homepage of this website, or by contacting your nearest visa application centre.

What will I need to make an application for my adopted child?

You will need to make your child's application online or fill in a visa application form:

Application form VAF4 - Settlement

Settlement form guidance notes

You will also need the following:

• The adopted child’s passport or travel document.
• A recent passport-sized (45mm x 35mm), colour photograph of the child. This should be:
  • taken against a light coloured background
  • clear and of good quality, and not framed or backed
  • printed on normal photographic paper, and
  • full face and without sunglasses, hat or other head covering unless they wear this for cultural or religious reasons (but the face must not be covered).
• The visa fee. This cannot be refunded and you must normally pay it in the local currency of the country where you are applying.
• Supporting documents relevant to the application.

What is 'biometric' information?

All UK visa applicants, save for those benefiting from a limited number of exemptions and exceptions, are required to provide biometric data (10-digit finger scans and a digital photograph) as part of the application process.

You will have to go to your nearest visa application centre in person to provide your biometrics. In those countries where there is no visa application centre, you will need to go to the British mission.

Your visa application will not be processed until you have provided the necessary biometric information. The finger scans are electronic so staff do not need to use any ink, liquid or chemicals. You will have your digital photograph taken at the same time and the whole procedure should take no more than five minutes to complete. You should make sure that you do not have any decoration (such as henna), or any cuts or other markings on your fingertips before having your finger scans. You should also make sure that if you have any cuts and bruises on your face, they have healed or disappeared before you have your photograph taken. Digital photographs must be of your full face and you should not wear sunglasses, a hat or any other head covering (unless you wear it for cultural or religious reasons but the face must not be covered).

What supporting documents should I include with the application?

You should include all the documents you can to show that the child qualifies for entry to the UK as your adopted child. If you do not, we may refuse the application.

As a guide, you should include the following.

• The child’s original birth certificate, showing its name at birth.
• A report from the overseas equivalent of the UK’s Social Services Department giving the child’s full history and how the adoption came about, or, if the child is related to you, a full statement in writing from you as the adoptive parent.
• A certificate of abandonment from the authorities previously responsible for the child, if the child has been abandoned.
• The adoption order.

The Entry Clearance Officer will try to make a decision using the application form and supporting documents you have provided. If this is not possible, they will need to interview you.

Please check your child’s visa when you get it. You should make sure that:

• the child’s personal details are correct
• it correctly states the purpose for which the child wants to come to the UK, and
• it is valid for the date on which you want to travel. (You can ask for it to be post-dated for up to three months if the child will not be travelling immediately).