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Intercountry adoption: resident status and immigration status requirements

Updated 24 March 2021

Introduction

Prospective adopters who wish to adopt a child by way of an intercountry adoption need to ensure that they satisfy resident status conditions and have the immigration status to obtain the necessary clearance for that child to enter and reside in the UK.

This sets out the guidance on the requirements, however, entry clearance requirements vary depending upon the circumstances of each case and prospective adopters will need to obtain their own independent legal advice to establish the requirements that apply to their individual circumstances.

Domicile and habitual residence status requirements

It is an eligibility requirement of adoption legislation for England and Wales that prospective adopters in England or Wales applying to adopt a child (whether the child is resident in the UK or outside the UK) must be habitually resident for no less than one year or domiciled in the UK. This usually means that the prospective adopters have a permanent and fixed home in the UK, but occasionally this may not be the case.

Domicile and habitual residence are legal concepts that are undefined and subject to case law. Whether someone is domiciled or habitually resident in the British Islands will depend upon all the circumstances and facts of an individual case.

If habitual residence or domicile status is unclear prospective adopters should seek independent legal advice in respect of their status as early as possible in the adoption process. The adoption agency may also wish to seek legal advice.

Immigration status of adopters

To be eligible to adopt a child from overseas, prospective intercountry adopters in England and Wales must also ensure they have the necessary immigration status to enable the child to enter and reside permanently in the UK.

In most cases this will mean that prospective adopters can evidence that they are settled in the UK because they are either a British Citizen or because they have indefinite leave to remain.

If the prospective adopter is an European Economic Area (EEA) or a Swiss national, then settled status is demonstrated by having made an application under the EU Settlement Scheme and having been granted ‘Settled status’ under that scheme.

EEA or Swiss nationals may be granted ‘Pre-settled status’ under that scheme if they have yet to complete five years continuous residence in the UK. Prospective adopters in these cases with ‘Pre-settled status’ may need to seek specific legal advice on their eligibility to adopt a child from overseas under the law of England and Wales.

Further information is available at applying for settled or pre-settled status under the EU Settlement Scheme.

Under the Common Travel Area arrangements, Irish nationals will be treated as having settled status, so are not required to apply under the EU Settlement Scheme.

It is recommended that prospective adopters check their immigration status prior to considering intercountry adoption and, if appropriate, seek their own independent legal advice.