You can apply for Indefinite Leave to Enter (ILE) for your adopted child if all the conditions outlined in paragraph 310 of the Immigration Rules are satisfied. Applications for ILE can be made based on either legal adoption or de facto adoption.

Aden & Co Solicitors is a renowned name in UK immigration law, offering exceptional services tailored to meet your visa and immigration needs. Our dedicated team of fully qualified and experienced immigration solicitors has earned a stellar reputation, as evidenced by our 5-star Google reviews from 99% of clients.

Our expert immigration team specializes in providing comprehensive legal advice and representation for applications related to your adopted child’s Indefinite Leave to Enter (ILE). Contact our child visa solicitors online for free immigration guidance or schedule a consultation with one of our specialists to receive in-depth advice and support for your ILE application as an adopted child.

Indefinite Leave to Enter (ILE) as an Adopted Child: Requirements for Successful Application

Under Paragraph 310 of the Immigration Rules, specific criteria must be met for an adopted child to be granted Indefinite Leave to Enter (ILE) the UK to join their adoptive parent(s). These criteria include the following:

• Relationship with the Adoptive Parent(s): The child must be applying for leave to enter to accompany or join their adoptive parent(s) in one of these scenarios:
  • Both adoptive parents are present and settled in the UK.
  • Both adoptive parents are being admitted to the UK for settlement at the same time.
  • One adoptive parent is present and settled in the UK, and the other is being admitted for settlement concurrently.
  • One adoptive parent is present and settled in the UK, or is being admitted for settlement, and the other parent has passed away.
  • One adoptive parent is settled in the UK, or being admitted for settlement, and holds sole responsibility for the child’s upbringing.
  • One adoptive parent is settled in the UK, or being admitted for settlement, and compelling family circumstances or other factors make it undesirable for the child to be excluded, with suitable care arrangements in place.
  • In cases of de facto adoption, one parent must have a right of abode or Indefinite Leave to Enter or Remain in the UK and be seeking admission for settlement on the same occasion.
• Age and Independence:
  • The child must be under the age of 18.
  • The child must not be living independently, must be unmarried, and must not have formed a civil partnership or an independent family unit.
• Accommodation and Maintenance:
  • The child must be adequately accommodated and maintained without recourse to public funds. This includes having accommodation that the adoptive parent(s) own or occupy exclusively.
• Adoption Validity:
  • The child must have been adopted according to a decision by the competent authority or court in their country of origin, or the country in which they currently reside, provided these adoption orders are recognised by the UK.
• De Facto Adoption:
  • In cases of de facto adoption, the adoption must have been established under circumstances where:
    • Both adoptive parents resided together abroad, or
    • Either or both adoptive parents were already settled in the UK.
  • The child must have the same legal rights and obligations as any biological child of the adoptive parent(s).
• Parental Responsibility and Ties:
  • The adoption must have occurred due to the inability of the biological parents or current carers to care for the child, with a genuine transfer of parental responsibility to the adoptive parents.
  • The child must have lost or broken ties with their original family.
  • The adoption should not be a formality or convenience intended to facilitate entry into the UK.
• Grounds for Refusal:
  • The application must not fall under any general grounds for refusal set out in the Immigration Rules.

Understanding De Facto Adoption and Inter-Country Adoptions

What is De Facto Adoption?

As per Paragraph 309A of the Immigration Rules, de facto adoption is recognized under specific circumstances. It is considered to have taken place if:

• Prior to the application for entry clearance under these rules, the adoptive parent(s) must have resided abroad for at least 18 months, with both parents (if applicable) living together in a foreign country. Additionally, they must have cared for the child for no less than 12 months immediately preceding the application for entry clearance.
• During this period abroad, the adoptive parent(s) must:
  • Have cohabited for a minimum of 18 months, with at least 12 months directly before the application being spent living with the child.
  • Have assumed full parental responsibility for the child since the start of the 18-month period, ensuring a genuine transfer of parental care and duties.

Inter-Country Adoptions

Inter-country adoptions, as outlined in Paragraph 309B of the Immigration Rules, may also be governed by Section 83 of the Adoption and Children Act 2002, or similar laws in Scotland or Northern Ireland, depending on the adopter’s habitual residence. When applicable, a letter from the Department for Education (for England and Wales residents) or the corresponding central authority for Scotland or Northern Ireland is required. This letter should confirm the issuance of a Certificate of Eligibility and must be submitted with the entry clearance adoption application under paragraphs 310-316C.

Adoption agencies play a key role in assessing potential adopters seeking to adopt children from abroad. After this, the Inter-country Adoption Casework Team processes these adoption cases.

For more information or to submit documents, contact the Inter-country Adoption Casework Team:

Inter-country Adoption Casework Team
Legal Ombudsman

PO Box 6167

Slough

SL1 0EH

Email: Enquiries@legalombudsman.org.uk

Tel: 0300 555 0333

Submitting the Application to the Intercountry Adoption Casework Team

Once applicants have been deemed suitable to adopt, the adoption agency must forward the completed application to the Intercountry Adoption Casework Team. It is crucial that the application is thoroughly completed before submission, as submitting incomplete files may cause delays in processing. To avoid any oversight, the agency should ensure that all necessary documents are included. For added clarity and ease, the Intercountry Adoption Casework Team advises agencies to attach the ‘Intercountry Adoption Application Checklist’ at the front of the application.

List of Designated Countries

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

Scotland similarly recognises adoptions from countries listed in The Adoption (Recognition of Overseas Adoptions)(Scotland) Regulations 2013, including its amendments, for those taking place on or after 3 January 2014.

Adoptions Made Before 3 January 2014
The UK government recognises all adoptions made before 3 January 2014 from countries designated in The Adoption (Designation of Overseas Adoptions) Order 1973 and The Adoption (Designation of Overseas Adoptions)(Variation) Order 1993.

How Aden & Co Solicitors Can Assist You with Your Adoption Child Visa

At Aden & Co Solicitors, our team of expert child visa solicitors is dedicated to providing exceptional immigration guidance and legal representation on a fixed-fee basis for your entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child. The fixed fee we offer will encompass all the necessary work by our child visa solicitors until a final decision is made by the Entry Clearance Officer (ECO) on your application.

Our comprehensive services related to your entry clearance application for ILE as an adopted child include:

• Expert Legal Advice on Eligibility
  Our child visa solicitors will provide you with professional guidance regarding the specific criteria required for the success of your entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child.
• Document Preparation and Guidance
  We will compile a thorough list of supporting documents needed for your application. Our team will email you a clear, step-by-step breakdown of all necessary documentation to ensure a smooth application process.
• Document Review and Assessment
  Our solicitors will carefully assess all submitted documents to ensure they meet the strict requirements outlined in the Immigration Rules, guaranteeing that your application complies fully with immigration standards.
• Application Form Completion
  Our solicitors will meticulously complete the relevant application form for your entry clearance application, ensuring accuracy and full compliance with all necessary procedures.
• Fast-Track Application Submission
  When applicable, we will submit your application through the Priority or Super Priority Service to expedite the processing time and secure a quicker decision for your entry clearance application for Indefinite Leave to Enter (ILE) as an adopted child.
• Biometrics Appointment Booking
  Following your online application submission, our team will coordinate and schedule your biometrics enrolment appointment at the application center to facilitate a smooth processing experience.
• Detailed Cover Letter Preparation
  Our skilled solicitors will draft a detailed cover letter to accompany your entry clearance application, outlining how all legal requirements have been satisfied and supporting the approval of your ILE application as an adopted child.
• Online Document Upload
  Before your biometrics appointment, our solicitors will upload all supporting documents to the relevant online portal for the entry clearance application, ensuring everything is in order for evaluation by the Entry Clearance Officer (ECO).
• Ongoing Support and Follow-Up
  Our child visa solicitors will handle all necessary follow-up tasks throughout the process, ensuring your application is thoroughly monitored until a decision is made by the Entry Clearance Officer (ECO).

Exclusive One-Off Services for UK Entry Clearance Applications

At Aden & Co Solicitors, we offer a comprehensive range of bespoke one-off legal services tailored to assist with UK visa entry clearance applications. Our specialized child visa solicitors provide expert guidance for individuals seeking specific legal support without committing to our full-service package. Whether you require assistance with a particular aspect of the application or prefer a more flexible approach, our one-off services are designed to meet your needs. Explore the following one-off legal services available for UK visa entry clearance applications:

Fixed Fees for Entry Clearance Application for Indefinite Leave to Enter (ILE) as an Adopted Child

At Aden & Co Solicitors, we offer transparent fixed fees for your Entry Clearance Application for Indefinite Leave to Enter (ILE) as an adopted child of a British Citizen or a settled person. Our expert child visa solicitors charge a fixed fee between £2,000 and £3,500 (excluding VAT), depending on the complexity and workload of your specific case.

The final fee will be determined based on the details of your application, ensuring you receive a tailored and accurate quote. You can easily request a fixed fee estimate for your Entry Clearance Application online.

Please note that our fixed fee does not include disbursements, such as the UKVI application fee, which will be an additional cost that the applicant must pay separately to the Home Office.

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