Persons settled in the UK may have come here under various categories of the immigration rules(or even illegally) and subsequently obtained settled status or become British citizens. Prior to their arrival to the UK, they may have left children in their country of origin, with such children resident abroad but still under the age of 18years. Upon the parent acquiring settled status, the expected course of action is to submit an application for entry clearance to enable the child’s entry to the UK.
Tag Archives: dependant
Children Adoptions and Inter Play Between The Immigration Rules and EU law: Exclusion of Children From The UK, Denial of EEA Family Permit Where The Adoption Is Not Recognised Under UK Law
If an adoption order is not recognised as valid in the United Kingdom, on the basis of current caselaw, obtaining an adoption order outside the UK with a view for a settled or EEA national sponsor to apply for entry clearance for the adopted child under either the Immigration Rules or EEA law means that the defect will be fatal to the application. Where such an application fails, it also seems simply not enough to argue family life arguments or the bests of the child in the alternative.