Application For Leave To Remain As An Adopted Child

If you are an adoptive parent and want your adopted child to live with you in the UK, the correct immigration application will depend on your child’s circumstances and whether they are applying from outside or inside the UK. Where immigration permission is required for an adopted child to join their adoptive parent or parents in the UK, the application may need to be made under Appendix Adoption of the Immigration Rules. If your adopted child is already in the UK following a successful entry clearance application under Appendix Adoption and needs to extend their stay, they will normally need to apply on the same immigration route as their parent.  

Our specialist adopted child visa solicitors can advise you on the correct application and requirements based on your circumstances. 

Specialist Adopted Child Visa Solicitors

Our specialist team of child visa solicitors are experts in dealing with child visa applications. The quality of our service is self-evident from the clients’ reviews about the service provided by our child visa solicitors. Our expert team of child visa solicitors in London can provide fast, friendly, reliable and fixed fee service for your application for leave to remain as a child of a person who has leave to remain as a parent or partner. Ask a question to our specialist child visa solicitors for free immigration advice or book an appointment for detailed immigration advice concerning your application for leave to remain as a child.

Eligibility Requirements For Leave To Remain As A Child

Under the current Immigration Rules, the eligibility requirements for your adopted child to remain in the UK will depend on their current immigration status and the immigration route under which they are applying. If your child was granted entry clearance under Appendix Adoption, an application to extend their stay will normally need to be made on the same immigration route as their adoptive parent. Your child may also be eligible for settlement under paragraph 298 of Part 8 where the relevant requirements are met.  

Relationship Requirements

The child must meet the relationship requirements of the immigration route under which they are applying. Depending on the route, the adoptive parent may: 

• Be present and settled, or  

• Hold or be granted limited leave on a route to settlement, or  

• Be applying for settlement at the same time as the child.  

Where only one parent is relied upon for the application, that parent may need to either: 

• Have sole responsibility for the child’s upbringing, or  

• Show that there are serious and compelling family or other considerations which make the child’s exclusion undesirable, and that suitable care arrangements exist in the UK.  

Age and Dependency Requirements 

Where the child is applying for limited leave to remain under a route which requires them to be under 18, the child must: 

• Be under the age of 18 at the date of application,  

• Not be living an independent life, and  

• Not be married, a civil partner, or have formed an independent family unit.  

A child who was previously granted permission under Appendix Adoption may, however, be eligible to apply for settlement under paragraph 298 even after turning 18, provided the relevant requirements are met. 

Adoption Requirements 

The child’s adoption and relationship with the adoptive parent must be recognised or accepted for the purposes of the relevant Immigration Rules. Appendix Adoption covers: 

• Hague Convention adoptions,  

• Recognised overseas adoptions,  

• De facto adoptions, and  

• Children coming to the UK for adoption.  

Where the adoption is a de facto adoption, the relevant requirements include: 

• A genuine transfer of parental responsibility,  

• No adoption of convenience arranged solely to facilitate the child’s admission to the UK,  

• Evidence that the child has broken or lost ties with their biological family, and  

• Confirmation that the child will have the same rights and obligations as any other child of the adoptive family.  

Residence and Care Requirements

For a recognised overseas adoption: 

• The child must have been legally adopted in a country whose adoption orders are recognised under UK law, or the adoption must otherwise be recognised in accordance with the requirements of Appendix Adoption.  

For de facto adoption: 

• The adoptive parent or parents must normally have been resident overseas for at least 18 months,  

• They must have lived with the child for the 12 months immediately before the application, and  

• They must have assumed the role of the child’s parent or parents throughout the relevant 18-month period.  

Financial and Accommodation Requirements 

The applicable financial and accommodation requirements depend on the immigration route under which the child is applying. Depending on the route, the adoptive parent may need to demonstrate that: 

• The child will be maintained and accommodated adequately,  

• There will be no recourse to public funds, where applicable, and  

• The relevant accommodation requirements of the immigration route are met.  

Where Appendix Adoption itself applies, the accommodation must not be overcrowded or contravene public health regulations.

Suitability Requirements

The child must: 

• Not fall for refusal under the suitability criteria of the Immigration Rules.  

Immigration Status Requirements

The child must meet the immigration status requirements of the route under which they are applying. Depending on the application, the child may: 

• Hold existing limited leave to enter or remain, or  

• Have previously been granted entry clearance or permission under Appendix Adoption.  

Where your child requires further temporary permission to stay, they will normally apply under the same immigration route as their adoptive parent. Where they meet the requirements for settlement, they may instead be granted indefinite leave to remain.

Document Checklist for Leave to Remain as an Adopted Child

Depending on the immigration route under which your adopted child is applying, you should prepare the following documents where applicable: 

• Child’s valid passport or travel document  

• Evidence of the child’s current and previous UK immigration status, including any previous visas or biometric residence permits, where applicable  

• Adoption order or adoption-related documents recognised under UK Immigration Rules  

• Evidence of parental or sole parental responsibility for the child, where relevant  

• Evidence that the child lives with, or will live with, the adoptive parent  

• Evidence of the child’s age and that they meet the dependency or independent-life requirements of the relevant immigration route  

• Adoptive parent’s passport and evidence of their British citizenship, settled status or current immigration status, as applicable  

• Proof of suitable accommodation for the child, where required  

• Financial documents showing that the relevant maintenance or financial requirements of the immigration route are met  

• Certified translations of any documents which are not in English or Welsh  

• Any additional documents requested by the Home Office 

Application Process for Leave to Remain as an Adopted Child

If your adopted child is already in the UK and needs further permission to stay, the application process will depend on your immigration status and the route under which your child is eligible to apply. If your child was granted entry clearance under Appendix Adoption, any future application will normally be made under your immigration route rather than Appendix Adoption. 

Check Eligibility

Confirm your adopted child’s current immigration status and identify the correct immigration route for their application. If your child previously entered the UK under Appendix Adoption, they will normally need to apply under your immigration route or, where applicable, apply for settlement as a child. 

Gather Your Documents

Prepare your child’s adoption and identity documents, evidence of their current immigration status, evidence of your immigration status, and any evidence required to show that your child meets the dependent child requirements of the relevant route, together with evidence of financial support and accommodation where applicable. 

Submit the Online Application

Submit the appropriate online application on GOV.UK using the form for the immigration route under which your adopted child is applying. The correct application will depend on your immigration status and whether your child is applying for further permission to stay or settlement. 

Attend Biometrics

Follow the instructions provided after submitting the application to provide your child’s supporting documents and biometric information. Where required, upload the documents to UKVCAS and attend a UKVCAS appointment for your child to provide their biometric information. 

Wait for a Decision

The Home Office will review your child’s application and notify you of the outcome. 

Can You Extend Your Leave?

If your adopted child was granted temporary permission under Appendix Adoption and needs further permission to stay in the UK, they will normally need to apply on the same immigration route as you. This will depend on whether: 

• The adoptive parent continues to hold the relevant immigration permission, or has become settled or a British citizen where permitted under the applicable route, and  

• The child continues to meet the dependent child and other eligibility requirements of the immigration route under which they are applying.  

Where your child needs further temporary permission, they will normally continue on the same immigration route as you, subject to meeting the requirements of that route, until they become eligible for settlement. 

When You Can Apply for Settlement

If your adopted child was granted temporary permission under Appendix Adoption, they may be able to apply for Indefinite Leave to Remain (ILR) under paragraph 298 of Part 8 or for settlement on your immigration route, depending on their circumstances. Your child may qualify for settlement where: 

• The adoptive parent is settled, is being granted settlement, or has become a British citizen, as required by the relevant route,  

• The child meets the relationship, dependency and immigration-status requirements of the relevant settlement route, and  

• The child meets all other applicable eligibility and suitability requirements for settlement.  

Depending on the immigration route, your adopted child may be eligible for settlement at the same time as you or after you have become settled, provided they meet the relevant eligibility and suitability requirements under the Immigration Rules.

How Can We Help?

The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for Limited Leave to Remain as an adopted child. The quality of our service is self-evident from the clients’ reviews about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your application for Leave to Remain as an adopted child and our immigration solicitors will provide you fast, friendly, reliable, honest and professional immigration service.

If instructed to represent you regarding your application for limited leave to remain as an adopted child, the immigration casework to be carried out by our immigration solicitors will include the following:

• Taking detailed instructions from you and advising you about the relevant immigration laws and procedures to be adopted by the Home Office, UKVI in your application for Leave to Remain as an adopted child;
• Discussing your immigration case in detail with you and advising you about the weaknesses and strengths of your application for Limited Leave to Remain as an adopted child;
• Advising you about the documentary evidence to be submitted in support of your application for Limited Leave to Remain as an adopted child;
• Checking all the documentary evidence to be submitted in support of your application for Limited Leave to Remain as an adopted child and discussing the same with you;
• Completing the relevant application form for limited leave to remain application as an adopted child and discussing the same with you;
• Preparing a cover letter to introduce and support your application as an adopted child;
• Submitting your application to the Home Office;
• Liaising with the Home Office, UKVI for a timely decision on your application as an adopted child;
• Protecting your interests while your application is pending with the Home Office, UKVI and keeping you informed about the progress on your application for Limited Leave to Remain as an adopted child;
• Doing all the follow up work until decision is reached on your application as an adopted child.

Our Fixed Fees For Leave To Remain As An Adopted Child

Our fixed fees for leave to remain as an adopted child from inside the UK are as given in the fee table below:

The agreed fixed fee will depend on the complexity of the application for leave to remain as an adopted child and the volume of casework involved in the application. In addition to our fixed fee for leave to remain as an adopted child, the applicant also has to pay the Home office UKVI fees for the application.