Entry Clearance For Indefinite Leave To Enter (ILE) As An Adopted Child

• Page Contents
• Overview
• Eligibility Requirements
• What Is De Facto Adoption?
• Inter-Country Adoptions
• Inter-Country Adoption Casework Team
• Submitting The Application To Inter-Country Adoption Casework Team
• List of Designated Countries
• How Can We Help?
• Our Fixed Fees
• Other Related Services

You can apply for Indefinite Leave to Enter (ILE) for your adopted child if all the requirements as set out in paragraph 310 of the Immigration Rules are met. An application for Indefinite Leave to Enter (ILE) can be made either on the basis of legal adoption or de facto adoption.

Our specialist team of immigration solicitors can provide expert immigration advice and legal representations in relation to your adopted child's application for Indefinite Leave to Enter (ILE). Ask a question online to our specialist team of child visa solicitors for free immigration advice online or book an appointment online for a detailed immigration advice and consultation with one of our child visa solicitors conerning your application for Indefinite Leave to Enter (ILE) as an adopted child.

Requirements For Indefinite Leave Enter (ILE) As An Adopted Child

According to paragraph 310 of the Immigration Rules, following requirements needs to be satisfied for an adopted child to be granted Indefinite Leave to Enter the UK to join the adoptive parent in the UK:

• The child must be seeking leave to enter to accompany or join an adoptive parent or parents in one of the following circumstances
  • both parents are present and settled in the United Kingdom; or
  • both parents are being admitted on the same occasion for settlement; or
  • one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
  • one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
  • one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
  • one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; or
  • in the case of a de facto adoption one parent has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is seeking admission to the United Kingdom on the same occasion for the purposes of settlement; and
• The child is under the age of 18; and
• The child is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
• The child can, and will, be accommodated and maintained adequately without recourse to public funds in accommodation which the adoptive parent or parents own or occupy exclusively; and
• The child was adopted in accordance with a decision taken by the competent administrative authority or court in his country of origin or the country in which he is resident, being a country whose adoption orders are recognised by the United Kingdom; or
• The child is the subject of a de facto adoption; and
• The child was adopted at a time when:
  • both adoptive parents were resident together abroad; or
  • either or both adoptive parents were settled in the United Kingdom; and
• The child has the same rights and obligations as any other child of the adoptive parent’s or parents’ family; and
• The child was adopted due to the inability of the original parent(s) or current carer(s) to care for him and there has been a genuine transfer of parental responsibility to the adoptive parents; and
• The child has lost or broken his ties with his family of origin; and
• The child was adopted, but the adoption is not one of convenience arranged to facilitate his admission to or remaining in the United Kingdom; and
• The application does not fall for refusal under the general grounds for refusal.

What Is De Facto Adoption?

According to Paragraph 309A of the Immigration Rules, a de facto adoption shall be regarded as having taken place if:

• at the time immediately preceding the making of the application for entry clearance under these Rules the adoptive parent or parents have been living abroad (in applications involving two parents both must have lived abroad together) for at least 18 months preceding the date of application and must have cared for the child for at least 12 months preceding the date of application; and
• during their time abroad, the adoptive parent or parents have:
  • lived together for a minimum period of 18 months, of which the 12 months immediately preceding the application for entry clearance must have been spent living together with the child; and
  • have assumed the role of the child’s parents, since the beginning of the 18 month period, so that there has been a genuine transfer of parental responsibility.

Inter-Country Adoptions

According to paragraph 309B of the Immigration Rules, Inter-country adoptions may be subject to section 83 of the Adoption and Children Act 2002 or the equivalent legislation in Scotland or Northern Ireland if the adopter’s habitual residence is there. Where this is the case, a letter obtained from the Department for Education (England and Wales habitual residents) or the equivalent from the relevant central authority (Scotland or Northern Ireland habitual residents) confirming the issue of a Certificate of Eligibility must be provided with any entry clearance adoption application under paragraphs 310-316C.

Adoption agencies are responsible for assessing prospective adopters wishing to adopt a child from another country who approach them. The Intercountry Adoption Casework Team must then process all cases of intercountry adoption.

The contact details of the inter-country adoption casework team are given below:

Submitting The Application To Inter-country Adoption Casework Team

After approving intercountry adoption applicants as suitable to adopt, the adoption agency must send the completed application to the Intercountry Adoption Casework Team.

The submission of incomplete files will result in delay, so agencies should make sure that the application is complete before sending the application to Intercountry Adoption Casework Team. To make sure you send them all the necessary documents, the Intercountry Adoption Casework Team recommends attaching the ‘Intercountry adoption application checklist’ to the front of the application.

List of Designated Countries

Adoptions made on or after 3 January 2014

England, Wales and Northern Ireland automatically recognise adoptions made on or after 3 January 2014 in any of the countries listed on The Adoption (Recognition of Overseas Adoptions) Order 2013.

Scotland recognises adoptions made on or after 3 January 2014 in the countries listed on The Adoption (Recognition of Overseas Adoptions)(Scotland) Regulations 2013 and its amendment.

Adoptions made before 3 January 2014

The UK government automatically recognises all adoptions made before 3 January 2014 in any of the countries listed on The Adoption (Designation of Overseas Adoptions) Order 1973 and The Adoption (Designation of Overseas Adoptions)(Variation) Order 1993.

How Can We Help?

Our specialist team of child visa solicitors can provide expert immigration advice and legal representations on fixed fee basis in relation to your entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child. Our fixed fee for your entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child will cover all the work of our child visa solicitors on your entry clearance application until a decision is made by the Entry Clearance Officer (ECO) on your application. The casework to be carried out by our child visa solicitors in relation to your entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child will entail the following:

• Advice on requirements: Our child visa solicitors will advise you on the relevant requirements you have to meet for your entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child to succeed.
• Advice on documents: Our child visa solicitors will prepare and email you a comprehensive list of supporting documents to be submitted in support of your entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child;
• Assessment of documents: Our child visa solicitors will assess your documents to make sure that all the documents you provide in support of your entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child are in accordance with the requirements of the Immigration Rules.
• Completing application form: Our child visa solicitors will complete the relevant application form for your entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child.
• Submitting application through Priority or Super Priority Service: Where possible, our child visa solicitors will submit your online entry clearance application through priority or super priority service to get faster decision on your entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child.
• Booking an appointment with the application centre: After the online submission of your entry clearance application, our child visa solicitors will book your appointment with the application centre for you to enrol your biometrics.
• Preparing a detailed cover letter: Our specialist child visa solicitors will prepare a detailed cover letter in support of the entry clearance application to explain all the relevant legal requirements have been satisfied for the approval of the entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child;
• Uploading documents online: Before the biometrics enrolment date, our child visa solicitors will upload online all the supporting documents to be considered in support of the entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child.
• Follow up work: Our child visa solicitors will carry out all the follow up work until decision by the Entry Clearance Officer (ECO) on the entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child.

Our One-Off Services For Entry Clearance Applications

Our child visa solicitors can also provide a wide range of one-off legal services for UK visa entry clearance applications. Using our one-off services can help those who do not want to use our full service for the entry clearance application. You can use one of the following one-off legal services offered for UK visa entry clearance applications:

• One-Off Immigration Advice and Consultation
• Immigration Documents Checking Service
• Application Form Completion Services
• Submitting Application Through Priority and Super Priority Service
• Preparing Cover Letter For Immigration Application
• Uploading Supporting Documents Online

Our Fixed Fees For Entry Clearance Application For Indefinite Leave to Enter (ILE) as an adopted child

• Our child visa solicitors will charge a fixed fee ranging from £2,000 to £3,500 (no VAT) for your entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child of a British Citizen or a settled person. The agreed fixed will depend on the complexity of the application and the volume of work involved in the entry clearance application. You can get a fixed fee quote online for your entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child of a British Citizen or settled person.
• Our fixed fee for the entry clearance application does not cover any disbursements e.g. UKVI fee for the application and the applicant has to separately pay the Home office UKVI fees for the entry clearance application.

Other Related Services

• Children Of British Citizens / Settled Persons
• Adopted Children Of British Citizens / Settled Persons
• Applications By Surrogate Children
• Registering A Child As A British Citizen - MN1 Application
• British Passport Application