What are the requirements for temporary or permanent settlement in UK for children who are born in UK, adopted, or parents currently in UK as a fiancé or proposed civil partner?


The process of applying for a visa to the United Kingdom varies from category to category (such as tier 4 student visa, tier 5 visit visa, British entrepreneur visa, t1 investor visa, UK graduate entrepreneur visa etc.) depending on the reason the applicant is applying for.

The following blog discusses the visa process for a child under different circumstances, such as who wishes to enter or settle in the UK, whose parents are in the UK as the fiancé or proposed civil partner.

Requirements for Temporary Stay for Children whose Parents are in the UK as a Fiancé or Proposed Civil Partner

The conditions to be met by a child, whose parents are in the UK as a fiancé or proposed civil partner, and wishes to temporarily stay in the UK, are defined as:

  • The child must be less than 18 years of age at the time of application;
  • The child’s application, under which he/she is to enter the country, must serve the purpose of accompanying his/her parent who is in the UK as a fiancé or proposed civil partner;
  • The child must not have formed an independent family besides the family of his/her parent;
  • The child must not be married or a civil partner of any person;
  • The parents must prove that they are financially stable and possess the adequate funds to provide for the child, and will not require at any point in time to fall back to public funds to provide for the child;
  • The parents must prove that the child has no one else to take care of him/her and requires the need of parents. It must also be proven that if the child was not with his/her parents, the circumstances for the child could be serious and undesirable;
  • The child must possess a valid entry clearance document granted under this category, that must be shown to the UK  immigration officer on arrival in the country;

It should be noted that the child will be granted temporary stay for a period not greater than the one granted to his/her parents. Furthermore, in the circumstances that an entry clearance document is not produced at arrival in the UK, the child can be refused entry by the immigration officer.

Regulations for Children who are born in the UK but Parents are not UK Citizens

If the parents of a child born in the United Kingdom do not hold UK nationality (at the time of the birth), the child must be given permission by the UK government for any stay or settlement that might happen, under the British Nationality Act of 1981. This implies that a child born under such conditions can be given permission to stay or remain in the country depending on the conditions which will be assessed by the Home Office.


Given the parent(s) have been given permission to stay in the UK for a certain period of time, the child will also be granted permission to stay for that same period given the Immigration Officer is satisfied that all necessary requirements have been met. In the circumstances that both the parents have different time periods of stay in the country, the longer period will be considered to be granted to the child; or the time period of whichever parent has major responsibility over the child’s well being.

In the circumstances that the parent(s) have not been granted permission to stay in the UK, or the right of abode, the child will also be denied permission to stay. However, in the circumstances that Home Office does not see the parents being removed from the country any time in the near future, the child can be granted permission to stay for a period not longer than three months.

Adopted Children

The UK government considers a child to be adopted if:


The parent(s) of the child that was adopted must have been living abroad before the application was made;

The parents must have been living together for a minimum period of 18 months, out of which at least 12 months must have been spent living with the adopted child;

The parent(s) must have taken on the responsibility of the child since the start of the 18 month period;

Adoptions for children of different countries must be taking place under the laws of the UK such as the Adoption and Children Act of 2002, along with being properly recognized by the UK government.


Requirements to be fulfilled for an adopted Child to be granted UK Nationality; given his/her Parents hold Nationality of the UK

 

The following conditions must be fulfilled if parents who are nationals of the UK wish that the adopted child be granted permanent residency in the country:


Both the parents must hold permanent residency of the UK, or must have been granted permanent residency and are in the process of completing the necessary procedure. In the case only one parent has sole responsibility over the child, only that parent will be required to hold UK nationality;

The child being adopted must be less than 18 years old;

  • The child must not have formed an independent family besides the family of his/her parent;
  • The child must not be married or a civil partner of any person;
  • The parents must prove that they are financially stable and possess the adequate funds to provide for the child, and will not require at any point in time to fall back to public funds to provide for the child;
  • The adoption taking place must be recognized under the law of the country where the child holds previous nationality of, or should be done under the proper procedure of adoption of that country;
  • The child must possess the same rights as those given to the other children of the parent(s);
  • The child is being adopted due to failure of the previous parents of the child to take care of him/her. Substantial proof must be in place to show this face so that parental responsibility can be shifted to the new parent(s);
  • Any links to the family of origin of the child being adopted must cease to exist;
  • The adoption should not have been taken place for the sole purpose of giving the child nationality of the UK;
  • The child’s application for settlement does not fall on any of the grounds for refusal laid out in Part 9 of the UK Immigration Rules;
  • The child must possess a valid entry clearance document at the time of arrival in the UK.

The Secretary of State holds the right to deny any person entry into the country on any visa category (such as British entrepreneur visa, t1 investor visa, UK graduate entrepreneur visa, London investor visa, work visa, student visa etc.) if he/she feels it necessary according to the law.

Requirements to be fulfilled for an adopted Child to be granted Temporary with a view to Settlement; given his/her Parents have been granted Temporary Stay in the UK but hope to settle

The below listed requirements must be fulfilled if an adopted child is to be granted temporary stay with the intent for permanent residence, and his/her parents do not hold UK nationality:

  • One of the below listed scenarios must be fulfilled:
  • One parent holds permanent residency in the UK while the other has been granted temporary stay but with the intent to permanently settle as well; or
  • One parent holds sole responsibility over the child, and has been granted temporary stay in the country with the intent to permanently settle; or
  • One parent has been granted temporary stay in the country with the intent to permanently settle, and provides substantial proof that his/her separation from the child could result in adverse circumstances for child.
  • The child being adopted must be less than 18 years old;
  • The child must not have formed an independent family besides the family of his/her parent;
  • The child must not be married or a civil partner of any person;
  • The parents must prove that they are financially stable and possess the adequate funds to provide for the child, and will not require at any point in time to fall back to public funds to provide for the child;
  • The adoption taking place must be recognized under the law of the country where the child holds previous nationality of, or should be done under the proper procedure of adoption of that country;
  • The child must possess the same rights as those given to the other children of the parent(s);
  • The child is being adopted due to failure of the previous parents of the child to take care of him/her. Substantial proof must be in place to show this face so that parental responsibility can be shifted to the new parent(s);
  • Any links to the family of origin of the child being adopted must cease to exist;
  • The adoption should not have been taken place for the sole purpose of giving the child nationality of the UK;
  • The child must possess a valid entry clearance document at the time of arrival in the UK.

The limited period of stay granted to the adopted child is 1 year or less, given the relevant entry clearance document is shown to an Immigration Officer upon arrival in the UK. In the circumstances that a valid entry clearance document cannot be shown to the Immigration Officer, entry into the country can be refused.

Requirements for a Child to be granted Temporary Stay in the UK so that he/she can be adopted within the UK

A child, who wishes to temporarily enter the UK for the purpose of adoption by a family, must meet the below listed requirements:

  • The child wishes to enter the UK, to join a family or person who wishes to adopt him/her. One of the below listed scenarios must be fulfilled:
  • Both the parents who wish to adopt the child hold permanent residency in the UK; or
  • Both the parents have been granted permanent residency in the UK, and are currently completing the procedure; or
  • One parent currently holds permanent residency and the other has been granted permanent residency and is currently completing the procedure; or
  • One parent who wishes to adopt the child will have sole responsibility to take care of the child; or
  • One parent who wishes to adopt the child is permanently settled in the UK, and provides substantial proof that his/her separation from the child could result in adverse circumstances for child.
  • The child being adopted must be less than 18 years old;
  • The child must not have formed an independent family besides the family of his/her parent;
  • The child must not be married or a civil partner of any person;
  • The parents must prove that they are financially stable and possess the adequate funds to provide for the child, and will not require at any point in time to fall back to public funds to provide for the child;
  • The adoption taking place must be recognized under the law of the country where the child holds previous nationality of, or should be done under the proper procedure of adoption of that country;
  • The child must possess the same rights as those given to the other children of the parent(s);
  • The child is being adopted due to failure of the previous parents of the child to take care of him/her. Substantial proof must be in place to show this face so that parental responsibility can be shifted to the new parent(s);
  • Any links to the family of origin of the child being adopted must cease to exist;
  • The adoption should not have been taken place for the sole purpose of giving the child nationality of the UK;
  • The child must possess a valid entry clearance document at the time of arrival in the UK.

The limited period of stay granted to the adopted child is 2 year or less, given the relevant entry clearance document is shown to an Immigration Officer upon arrival in the UK. In the circumstances that a valid entry clearance document cannot be shown to the Immigration Officer, entry into the country can be refused.