Immigration Rules Appendix Adoption
The adoption routes are for a child under the age of 18 to apply to come to the UK either to be adopted or having been adopted overseas.
If a child is granted temporary permission under Appendix Adoption, they would need to apply for settlement under paragraph 298 in Part 8; or for settlement on the route their adoptive parent is on.
Where an adoption has taken place in a country where the adoption is recognised under UK law and the adoptive parent(s) were resident in that country at the time of the adoption, the adopted child may make an application as a dependent child on the same route as their parent(s).
There are four adoption routes:
Hague Convention: this route applies where the adoption is via an adoption agency under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. Most Hague Convention adoptions will be completed overseas, however for some countries the adoption is completed in the UK and the child must apply for entry clearance to come to the UK for the adoption to be completed.
Recognised Overseas Adoptions: this route allows a child to apply for entry clearance to come to the UK where they have been adopted overseas in a country where the adoption is recognised under UK law, or where the adoption has been recognised by order of the High Court in the UK.
De facto Adoption: this route is for a child to apply for entry clearance where the child has been living with their adoptive parent(s) overseas for at least 12 months and there has been a genuine transfer of parental responsibility.
Coming to the UK for adoption: this route is for a child to apply for entry clearance where they are in a country whose adoptions are not recognised in the UK and the child is coming to the UK to be adopted under UK law. Where applicable the relevant UK authority must have issued the adopters with a certificate of eligibility to adopt.
Adoption is a route to settlement.
Entry clearance for the Adoption: Hague Convention route
Validity requirements for the Adoption: Hague Convention route
AD 1.1. A child applying for entry clearance on the Adoption: Hague Convention route must apply online on the gov.uk website on the specified form: 鈥楴on-British adopted child or child coming to the UK for adoption of a parent or parents who are British citizens or settled in the UK鈥�.
- AD 1.2. An application for entry clearance must meet all the following requirements:
- (a) any fee and the Immigration Health Charge must have been paid; and
- (b) the applicant must have provided biometrics when required; and
- (c) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality.
AD 1.3. An application which does not meet all the validity requirements of the Adoption: Hague Convention route may be rejected as invalid and not considered.
Suitability requirements for the Adoption: Hague Convention route
AD 2.1. The decision maker must be satisfied that the applicant should not be refused under Part 9: grounds for refusal.
Eligibility requirements for the Adoption: Hague Convention route
Entry requirements for the Adoption: Hague Convention route
AD 3.1. A child seeking to come to the UK under the Adoption: Hague Convention route must apply for and obtain entry clearance on the Adoption: Hague Convention route before they arrive in the UK.
AD 3.2. A child applying for entry clearance on the Adoption: Hague Convention route must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Adoption requirements for the Adoption: Hague Convention route
AD 4.1. The adoptive parents or, if there is sole responsibility, the adoptive parent, must be habitually resident in the UK.
AD 4.2. The adoption must be the subject of an agreement made under Article 17(c) of the Hague Convention.
AD 4.3. The applicant must have been entrusted to the adoptive parent(s) by the competent administrative authority of the child鈥檚 country of origin the purpose of adoption under the Hague Convention.
AD 4.4. The decision maker must be satisfied that the adoption is not one of convenience arranged to facilitate the admission of the child to the UK.
Dependent child requirements for the Adoption: Hague Convention route
- AD 5.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
- (a) age requirement; and
- (b) independent life requirement; and
- (c) care requirement.
Immigration status requirements of parents for the Adoption: Hague Convention route
- AD 6.1. The applicant must be joining their adoptive parent(s) and one of the following must apply:
- (a) both adoptive parents are British Citizens, are settled in the UK, or live in the UK and have a right to stay without restriction; or
- (b) the adoptive parent has sole responsibility for the applicant and is a British Citizen, is settled in the UK, or lives in the UK and has a right to stay without restriction.
Financial requirements for the Adoption: Hague Convention route
AD 7.1. The applicant must show that they will be adequately maintained in the UK by the adoptive parent(s), without access to public funds.
- AD 7.2. The applicant must provide evidence from the adoptive parent(s) of income or cash savings sufficient to show the financial requirement is met, and:
- (a) evidence from income (other than self-employment) or savings must cover the 6-month period immediately before the date of application; or
- (b) where the adoptive parent(s) is receiving maternity, paternity, adoption or sick pay, their income from salaried employment can be shown for either the 6 months immediately before the date of application or the start date of the maternity, paternity, adoption or sick leave; or
- (c) where the income is from self-employment it must be shown for the last full financial year before the date of application, with additional evidence of ongoing self-employment as in paragraphs 7 or 9 (as relevant) of Appendix FM-SE; or
- (d) where there is non-employment income it must be shown to have been received in the 12 months before the date of application except where specified in paragraph 10 of Appendix FM-SE; or
- (e) where property has been sold and the money received has been converted into cash savings the requirements in paragraph 11A(d) of Appendix FM-SE must be met.
AD 7.3. The applicant must show they meet the financial requirement as set out in Appendix FM-SE.
Accommodation requirement for the Adoption: Hague Convention route
AD 8.1. The applicant鈥檚 accommodation in the UK must not be overcrowded or contravene public health regulations.
Eligibility under Article 8 of the Human Rights Convention for the Adoption: Hague Convention route
AD 9.1. If the applicant meets the Requirements for Adoption, but does not meet the suitability or other eligibility requirements (subject to AD 9.2.), the decision maker must be satisfied that refusal of the application would breach Article 8 of the Human Rights Convention, because it would result in unjustifiably harsh consequences for the applicant or their adoptive family.
AD 9.2. Where AD 9.1. applies and the applicant falls for refusal under 9.2.1, 9.2.3, 9.3.1., 9.4.1., 9.5.1. of Part 9: General Grounds for Refusal, the application on the Adoption: Hague Convention route must be refused.
Decision on an application on the Adoption: Hague Convention route
AD 10.1. If the decision maker is satisfied that the validity, suitability and eligibility requirements are met, or the applicant meets the eligibility requirements at AD 4.1. to AD 4.4. and AD 9.1. (unless paragraph AD 9.2. applies), the applicant will be granted entry clearance on the Adoption: Hague Convention route, otherwise the application will be refused.
Period of grant on the Adoption: Hague Convention route
AD 11.1. The applicant will be granted entry clearance for 24 months, which is to allow the Hague adoption to be completed in the UK.
Conditions of grant on the Adoption: Hague Convention route
- AD 12.2. The grant will be subject to the following conditions:
- (a) work is permitted; and
- (b) study is permitted; and
- (c) no access to public funds.
Entry clearance for the Adoption: Recognised Overseas Adoption route
Validity requirements for the Adoption: Recognised Overseas Adoption route
AD 13.1. A child applying for entry clearance on the Adoption: Recognised Overseas Adoption route must apply online on the gov.uk website on the specified form: 鈥楴on-British adopted child or child coming to the UK for adoption of a parent or parents who are British citizens or settled in the UK鈥�.
- AD 13.2. An application for entry clearance on the Adoption: Recognised Overseas Adoption route must meet all the following requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided biometrics when required; and
- (c) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality.
AD 13.3. An application which does not meet all the validity requirements for the Adoption: Recognised Overseas Adoption route may be rejected as invalid and not considered.
Suitability requirement for the Adoption: Recognised Overseas Adoption route
AD 14.1. The decision maker must be satisfied that the applicant should not be refused under Part 9: grounds for refusal.
Eligibility requirements for the Adoption: Recognised Overseas Adoption route
Entry requirements for the Adoption: Recognised Overseas Adoption route
AD 15.1. A child seeking to come to the UK on the Recognised Overseas Adoption route must apply for and obtain entry clearance on the Adoption: Overseas Adoption route before they arrive in the UK.
AD 15.2. A child applying for entry clearance on the Recognised Overseas Adoption route must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Adoption requirements for Adoption: Recognised Overseas Adoption route
AD 16.1. The applicant must have been legally adopted in a country whose adoption orders are, or at the time of the applicant鈥檚 adoption were, recognised under UK law.
AD 16.2. The overseas adoption must have been in accordance with a decision taken by the competent Central Authority, as set out in AD 16.4., or court in the child鈥檚 country of origin, or the country in which they are resident.
- AD 16.3. The applicant must provide evidence from the relevant Central Authority to confirm a Certificate of Eligibility has been issued if the adoption engages the requirements in:
- (a) section 83 of the Adoption and Children Act 2002; or
- (b) articles 58ZA and 58ZB of the Adoption (Northern Ireland) Order 1987; or
- (c) section 58 of the Adoption and Children (Scotland) Act 2007.
AD 16.4. For the purpose of this Appendix 鈥淐entral Authority鈥� depends on the country of habitual residence for the adoptive parent: for residents in England, the Central Authority for an adoption under the Hague Convention is the Department for Education and the Devolved Administrations in Wales, Scotland and Northern Ireland and the Isle of Man Government are Central Authorities in their respective regions.
AD 16.5. If the requirements in AD 16.1. and AD 16.2. are not met, the adoption must have been recognised by order of the High Court in the UK.
AD 16.6. The decision maker must be satisfied that the adoption is not one of convenience arranged to facilitate the admission of the child to the UK.
Dependent child requirements for the Adoption: Recognised Overseas Adoption route
- AD 17.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
- (a) age requirement; and
- (b) independent life requirement; and
- (c) care requirement.
Immigration status requirements of parents for the Adoption: Recognised Overseas Adoption route
- AD 18.1. The applicant must be joining or accompanying their adoptive parent(s) and one of the following must apply:
- (a) both adoptive parents are British Citizens, are settled in the UK, or live in the UK and have a right to stay without restriction; or
- (b) the adoptive parent has sole responsibility for the applicant and is a British Citizen, is settled in the UK or lives in the UK and has a right to stay without restriction; or
- (c) one adoptive parent is a British Citizen, or is settled in the UK, or lives in the UK and has a right to stay without restriction and the other adoptive parent has, or is applying for (and is granted), entry clearance or permission to stay on a route to settlement; or
- (d) the adoptive parent has sole parental responsibility, and is applying for (and is granted), entry clearance or permission on a route to settlement; or
- (e) one adoptive parent is a British Citizen, is settled, or lives in the UK and has a right to stay without restriction and the decision maker is satisfied there are serious and compelling reasons to grant the applicant entry clearance; or
- (f) one adoptive parent has, or is applying for (and is granted), entry clearance or permission to stay on a route to settlement and the decision maker is satisfied there are serious and compelling reasons to grant the applicant entry clearance.
Financial requirements for the Adoption: Recognised Overseas Adoption route
AD 19.1. The applicant must show that they will be adequately maintained in the UK by their adoptive parent(s) without access to public funds, unless AD 19.2. applies.
AD 19.2. Where the adoptive parent(s) of the applicant has, or is applying for (and is granted), entry clearance or permission to stay on a route to settlement, the applicant must meet the financial requirement for a dependent child under that route.
- AD 19.3. The applicant must provide evidence from the adoptive parent(s) of income or cash savings sufficient to show the financial requirement is met, and:
- (a) evidence from income (other than self-employment) or savings must cover the 6-month period immediately before the date of application; or
- (b) where the sponsor is receiving maternity, paternity, adoption or sick pay, their income from salaried employment can be shown for either the 6 months immediately before the date of application or the start date of the maternity, paternity, adoption or sick leave; or
- (c) where the income is from self-employment it must be shown for the last full financial year before the date of application, with additional evidence of ongoing self-employment as in paragraphs 7 or 9 (as relevant) of Appendix FM-SE; or
- (d) where there is non-employment income it must be shown to have been received in the 12 months before the date of application except where specified in paragraph 10 of Appendix FM-SE; or
- (e) where property has been sold and the money received has been converted into cash savings the requirements in paragraph 11A(d) of Appendix FM-SE must be met.
AD 19.4. The applicant must show they meet the financial requirement as set out in Appendix FM-SE.
Accommodation requirement for the Adoption: Recognised Overseas Adoption route
AD 20.1. The applicant鈥檚 accommodation in the UK must not be overcrowded or contravene public health regulations.
Eligibility under Article 8 of the Human Rights Convention for the Adoption: Recognised Overseas Adoption route
AD 21.1. If the applicant meets the Requirements for Adoption, but does not meet the suitability or other eligibility requirements (subject to AD 21.2.), the decision maker must be satisfied that refusal of the application would breach Article 8 of the Human Rights Convention, because it would result in unjustifiably harsh consequences for the applicant or their adoptive family.
AD 21.2. Where AD 21.1. applies and the applicant falls for refusal under 9.2.1, 9.2.3, 9.3.1., 9.4.1., 9.5.1. of Part 9 of these rules the application on the Adoption: Recognised Overseas Adoption route, must be refused.
Decision on an application on the Adoption: Recognised Overseas Adoption route
AD 22.1. If the decision maker is satisfied that the validity, suitability and the relevant eligibility requirements are met, or the applicant meets the eligibility requirements at AD16.1. to AD 16.6 and AD21.1. (unless paragraph AD 21.2. applies), the applicant will be granted permission to stay on the Adoption: Recognised Overseas Adoption route, otherwise the application will be refused.
Period of grant on the Adoption: Recognised Overseas Adoption route
- AD 23.1. The applicant will be granted settlement, if either:
- (a) both adoptive parents are a British Citizen, settled or live in the UK and have a right to stay without restriction; or
- (b) in the case of sole parental responsibility, the adoptive parent is a British Citizen, settled or lives in the UK and has a right to stay without restriction,
AD 23.2. If the adoptive parent(s) is not a British Citizen, settled or living in the UK with a right to stay without restriction, the applicant will be granted permission which ends on the same date as the permission granted to their adoptive parent(s).
Conditions of grant on the Adoption: Recognised Overseas Adoption route
- AD 24.1. The grant will be subject to the following conditions:
- (a) work is permitted: and
- (b) study is permitted; and
- (c) no access to public funds.
Entry clearance for the Adoption: De Facto route
Validity requirements for Adoption: De Facto route
AD 25.1. A child applying for entry clearance on the Adoption: de facto route must apply online on the gov.uk website on the specified form 鈥楴on-British adopted child or child coming to the UK for adoption of a parent or parents who are British citizens or settled in the UK鈥�.
- AD 25.2. An application for entry clearance on the Adoption: de facto route must meet all the following requirements:
- (a) any fee and the Immigration Health Charge must have been paid; and
- (b) the applicant must have provided biometrics when required; and
- (c) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality.
AD 25.3. An application which does not meet all the validity requirements for the Adoption: de facto route may be rejected as invalid and not considered.
Suitability requirement for the Adoption: De Facto route
AD 26.1. The decision maker must be satisfied that the applicant should not be refused under Part 9: grounds for refusal.
Eligibility requirements for the Adoption: De Facto route
Entry requirements for the Adoption: De Facto route
AD 27.1. A child seeking to come to the UK under the Adoption: De Facto route must apply for and obtain entry clearance on the Adoption: de facto route before they arrive in the UK.
AD 27.2. A person applying for entry clearance on the Adoption: De Facto route must, if Appendix Tuberculosis applies, provide a valid medical certificate confirming they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Adoption requirements for the Adoption: De Facto route
- AD 28.1. At the date of application, the adoptive parents must both have:
- (a) been resident together overseas for at least 18 months; and
- (b) lived with the applicant for the 12 months immediately before the date of application; and
- (c) assumed the role of the applicant鈥檚 parent(s) since the beginning of the 18- month period, so that there has been a genuine transfer of parental responsibility.
- AD 28.2. Where the adoptive parent has sole responsibility, at the date of application they must have:
- (a) been resident overseas for at least 18 months; and
- (b) lived with the applicant for the 12 months immediately before the date of application; and
- (c) assumed the role of the applicant鈥檚 parent since the beginning of the 18-month period, so that there has been a genuine transfer of parental responsibility.
- AD 28.3. The applicant must provide evidence that:
- (a) the de facto adoption is not one of convenience arranged to facilitate the applicant鈥檚 admission to the UK; and
- (b) they will have the same rights and obligations as any other child of the de facto adoptive parent(s)鈥檚 family; and
- (c) the birth parent(s) or those looking after the applicant immediately before they were physically transferred to the care of their de facto adoptive parent(s) are unable to care for the applicant; and
- (d) the applicant has broken or lost ties with their biological family.
Dependent child requirements for the Adoption: De Facto route
- AD 29.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
- (a) age requirement; and
- (b) independent life requirement; and
- (c) care requirement.
Immigration status requirement of parents for the Adoption: De Facto route
- AD 30.1. The applicant must be accompanying their adoptive parent(s) and one of the following must apply:
- (a) both adoptive parents are British Citizens, are settled in the UK, or have a right to stay in the UK without restriction or are being admitted to the UK for settlement; or
- (b) the adoptive parent has sole responsibility for the applicant and is a British Citizen, is settled in the UK, or has a right to stay in the UK without restriction, or is being admitted to the UK for settlement; or
- (c) one adoptive parent is a British Citizen, or is settled in the UK, or has a right to stay in the UK without restriction, or is being admitted to the UK for settlement and the other adoptive parent has or is being given permission to come to the UK on a route to settlement; or
- (d) one adoptive parent is a British Citizen, or is settled in the UK, or has a right to stay in the UK without restriction, or is being admitted to the UK for settlement, and the decision maker is satisfied there are serious and compelling reasons to grant the applicant entry clearance.
Financial requirements for the Adoption: De Facto route
AD 31.1. The applicant must show that they will be adequately maintained in the UK by the adoptive parent(s) without access to public funds, unless AD 31.2. applies.
AD 31.2. Where an adoptive parent of the applicant has, or is applying for, permission on a route to settlement, the applicant must meet the financial requirement as a dependent child under that route.
- AD 31.3. The applicant must provide evidence from the adoptive parent(s) of income or cash savings sufficient to show the financial requirement is met, and:
- (a) evidence from income (other than self-employment) or savings must cover the 6-month period immediately before the date of application; or
- (b) where the sponsor is receiving maternity, paternity, adoption or sick pay, their income from salaried employment can be shown for either the 6 months immediately before the date of application or the start date of the maternity, paternity, adoption or sick leave; or
- (c) where the income is from self-employment it must be shown for the last full financial year before the date of application, with additional evidence of ongoing self-employment as in paragraphs 7 or 9 (as relevant) of Appendix FM-SE; or
- (d) where there is non-employment income it must be shown to have been received in the 12 months before the date of application except where specified in paragraph 10 of Appendix FM-SE; or
- (e) where property has been sold and the money received has been converted into cash savings the requirements in paragraph 11A(d) of Appendix FM-SE must be met.
AD 31.4. The applicant must show they meet the financial requirement as set out in Appendix FM-SE.
Accommodation requirement for the Adoption: De Facto route
AD 32.1. The applicant鈥檚 accommodation in the UK must not be overcrowded or contravene public health regulations.
Eligibility under Article 8 of the Human Rights Convention for the Adoption: De Facto route
AD 33.1. If the applicant meets the requirements for Adoption but does not meet the suitability or other eligibility requirements (subject to AD 33.2.), the decision maker must be satisfied that refusal of the application would breach Article 8 of the Human Rights Convention, because it would result in unjustifiably harsh consequences for the applicant or their adoptive family.
AD 33.2. Where AD 33.1. applies and the applicant falls for refusal under 9.2.1, 9.2.3, 9.3.1.,9.4.1., 9.5.1. of Part 9 of these rules the application on the Adoption: De Facto route, must be refused.
Decision on an application for the Adoption: De Facto route
AD 34.1. If the decision maker is satisfied that the validity, suitability and the relevant eligibility requirements are met, or the applicant meets the eligibility requirements at AD 28.1. to AD 28.3. and AD 33.1. (unless paragraph AD 33.2. applies), the applicant will be granted permission to stay on the Adoption: De Facto route, otherwise the application will be refused.
Period of grant for the Adoption: De Facto route
- AD 35.1. The applicant will be granted settlement, if either:
- (a) both adoptive parents are a British Citizen, settled or have a right to stay in the UK without restriction; or
- (b) in the case of sole parental responsibility, the adoptive parent is a British Citizen, settled or has a right to stay in the UK without restriction.
AD 35.2. In all other cases the applicant will be granted permission which ends on the same date as the permission granted to their de facto adoptive parent.
Conditions of grant for the Adoption: De Facto route
- AD 36.1. The grant will be subject to the following conditions:
- (a) work is permitted: and
- (b) study is permitted, and
- (c) no access to public funds.
Entry clearance for the Adoption: coming to the UK for adoption route
Validity requirements for the Adoption: coming to the UK for adoption route
AD 37.1. A child applying for entry clearance or permission to stay on the Adoption: coming to the UK for adoption route must apply online on the gov.uk website on the specified form: 鈥楴on-British adopted child or child coming to the UK for adoption of a parent or parents who are British citizens or settled in the UK鈥�.
- AD 37.2. An application for entry clearance on the Adoption: coming to the UK for adoption route must meet all of the following requirements:
- (a) any fee and Immigration Health Charge must have been paid; and
- (b) the applicant must have provided biometrics when required; and
- (c) the applicant must have provided a passport or other document which satisfactorily establishes their identity and nationality.
AD 37.3. An application which does not meet all the requirements for the Adoption: coming to the UK for adoption route may be rejected as invalid and not considered.
Suitability requirement for the Adoption: coming to the UK for adoption route
AD 38.1. The decision maker must be satisfied that the applicant should not be refused under Part 9: grounds for refusal.
Eligibility requirements for the Adoption: coming to the UK for adoption route
Entry requirements for the Adoption: coming to the UK for adoption route
AD 39.1. A child seeking to come to the UK under the Adoption: coming to the UK for adoption route must apply for and obtain entry clearance on the Adoption: coming to the UK for adoption route before they arrive in the UK.
AD 39.2. A child applying for entry clearance under the Adoption: coming to the UK for adoption must, if Appendix Tuberculosis of these rules applies, provide a valid medical certificate confirming they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in them.
Dependent child requirements for the Adoption: coming to the UK for adoption route
- AD 40.1. The applicant must meet the following requirements for a dependent child in Appendix Children:
- (a) age requirement; and
- (b) independent life requirement; and
- (c) care requirement.
Adoption requirements for the Adoption: coming to the UK for adoption route
- AD 41.1. The applicant must:
- (a) be coming to the UK for adoption by an adoptive parent(s), in accordance with the laws relating to adoption in the UK; and
- (b) demonstrate that the adoption is not one of convenience arranged to facilitate the applicant鈥檚 admission to the UK; and
- (c) demonstrate they will have the same rights and obligations as any other child of the adoptive parent(s)鈥檚 family; and
- (d) be being adopted due to the inability of the applicant鈥檚 birth parent(s) or current carer(s) (or those looking after the applicant immediately before they were physically transferred to the care of their adoptive parent(s)) to care for the applicant and there has been a genuine transfer of parental responsibility to the adoptive parent(s).
- AD 41.2. The applicant must provide evidence from the relevant Central Authority (see AD 16.4) to confirm a Certificate of Eligibility has been issued if the adoption engages the requirements in:
- (a) section 83 of the Adoption and Children Act 2002; or
- (b) articles 58ZA and 58ZB of the Adoption (Northern Ireland) order 1987; or
- (c) section 58 of Adoption and Children (Scotland) Act 2007.
Financial requirements for the Adoption: coming to the UK for adoption route
AD 42.1. The applicant must show that they will be adequately maintained in the UK by the adoptive parent(s), without access to public funds, unless AD 42.2. applies.
AD 42.2. Where an adoptive parent of the applicant has, or is applying for (and is granted), permission on a route to settlement, the applicant must meet the financial requirement as a dependent under that route.
- AD 42.3. The adoptive parent(s) must provide evidence of income or cash savings sufficient to show they can meet the financial requirements and:
- (a) evidence from income (other than self-employment) or savings must cover the 6-month period immediately before the date of application; or
- (b) where the sponsor is receiving maternity, paternity, adoption or sick pay, their income from salaried employment can be shown for either the 6 months immediately before the date of application or the start date of the maternity, paternity, adoption or sick leave; or
- (c) where the income is from self-employment it must be shown for the last full financial year before the date of application, with additional evidence of ongoing self-employment as in paragraphs 7 or 9 (as relevant) of Appendix FM-SE; or
- (d) where there is non-employment income it must be shown to have been received in the 12 months before the date of application except where specified in paragraph 10 of Appendix FM-SE; or
- (e) where property has been sold and the money received has been converted into cash savings the requirements in paragraph 11A(d) of Appendix FM-SE must be met.
AD 42.4. The applicant must show they meet the financial requirements as set out in Appendix FM-SE.
Accommodation requirement for the Adoption: coming to the UK for adoption route
AD 43.1. The applicant鈥檚 accommodation in the UK must not be overcrowded or contravene public health regulations.
Adoptive parent鈥檚 immigration status requirements for the Adoption: coming to the UK for adoption route
- AD 44.1. The applicant must be accompanying their adoptive parent(s) and one of the following must apply:
- (a) both adoptive parents are British Citizens, are settled in the UK, or live in the UK and have a right to stay without restriction; or
- (b) the adoptive parent has sole responsibility for the applicant and is a British Citizen, is settled in the UK, or lives in the UK and has a right to stay without restriction; or
- (c) one adoptive parent is a British Citizen, or is settled in the UK, or lives in the UK and has a right to stay without restriction and the other adoptive parent has, or is applying for (and is granted), entry clearance or permission to stay on a route to settlement; or
- (d) the adoptive parent has sole parental responsibility, and is applying for (and is granted), entry clearance or permission on a route to settlement; or
- (e) one adoptive parent is a British Citizen, is settled in the UK, or lives in the UK and has a right to stay without restriction and the decision maker is satisfied there are serious and compelling reasons to grant the applicant entry clearance; or
- (f) one adoptive parent has, or is applying for (and is granted), entry clearance or permission to stay on a route to settlement and the decision maker is satisfied there are serious and compelling reasons to grant the applicant entry clearance.
Eligibility under Article 8 of the Human Rights Convention for the Adoption: coming to the UK for adoption route
AD 45.1. If the applicant meets the Requirements for Adoption, but does not meet the suitability or other eligibility requirements (subject to AD 45.2.), the decision maker must be satisfied that refusal of the application would breach Article 8 of the Human Rights Convention, because it would result in unjustifiably harsh consequences for the applicant or their adoptive family.
AD 45.2. Where AD 45.1. applies and the applicant falls for refusal under 9.2.1, 9.2.3, 9.3.1.,9.4.1., 9.5.1. of Part 9 of these rules the application on the Adoption: coming to the UK for adoption route, must be refused.
Decision on an application for the Adoption: coming to the UK for adoption route
AD 46.1. If the decision maker is satisfied that the validity, suitability and the relevant eligibility requirements are met, or the applicant meets the eligibility requirements at AD 41.1. to AD 41.2. and AD 45.1. (unless paragraph AD 45.2 applies) the applicant will be granted permission to stay on the Adoption: coming to the UK for adoption route, otherwise the application will be refused.
Period of grant for the Adoption: coming to the UK for adoption route
AD 47.1. An applicant applying for entry clearance to come to the UK for adoption will be granted permission for 24 months.
Conditions of grant for the Adoption: coming to the UK for adoption route
- AD 48.1. The grant will be subject to the following conditions:
- (a) work is permitted; and
- (b) study is permitted; and
- (c) no access to public funds.