The UK’s immigration landscape saw a significant update in 2024 with the introduction of Appendix Adoption. Appendix Adoption streamlines the process for bringing children to the UK for adoption, offering several distinct routes tailored to different scenarios. This blog post focuses exclusively on the application process for children coming to the UK to be adopted under UK law. Here, we break down the essential requirements, from suitability and validity to financial and accommodation criteria, ensuring adoptive parents are well-prepared to navigate this complex yet rewarding journey.

Other routes to bring a child to the UK under Appendix Adoption are Hague Convention Adoption, Recognised Overseas Adoption and De Facto Adoption. These adoption routes are outside the scope of this blog post.

To discuss your application to bring a child to the UK for adoption, contact our specialist UK Adoption Visa immigration barristers on 0203 617 9173 or complete our enquiry form below.

1. When Is a UK Visa Application for Adoption Appropriate?

A child would make an entry clearance application to the UK in order to be adopted under UK law if the child lives in a country whose adoptions are not recognised in the UK. An applicant may also qualify for temporary permission whilst an adoption is being finalised.

It may also be the case that the adoptive parents will still have to go through the intercountry adoption process prior to the adoption in the UK, in the same way as those adopting from a recognised country do.

2. Suitability and Validity Requirements for Child Adoption From Overseas

There are specific suitability requirements for a UK visa application for adoption under UK law. The applicant must not fall for refusal under Part Suitability of the Immigration Rules. There are also validity requirements which should be met.

3. Dependent Child Requirements

Where a child lives in a country whose adoptions are not recognised in the UK, and so an application for a UK Adoption Visa is necessary, the child applicant must meet the requirements for a dependent child as set out at Appendix Children, which are as follows:

• Age; and
• Independent life requirement; and
• Care requirement.

These are set out in further detail in our previous post: Appendix Children: Requirements for Dependent Child Immigration Routes.

4. Adoption Requirements Under Appendix Adoption

There are several requirements regarding the adoption set out in Appendix Adoption. These are that the applicant must:

• be coming to the UK for adoption by an adoptive parent(s), in accordance with the laws relating to adoption in the UK; and
• demonstrate that the adoption is not one of convenience arranged to facilitate the applicant’s admission to the UK; and
• demonstrate they will have the same rights and obligations as any other child of the adoptive parent(s)’s family; and
• be being adopted due to the inability of the applicant’s birth parents 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).

5. Certificate of Eligibility in Support of a UK Adoption Visa

In addition to the above, it will also be necessary to provide a letter from the relevant Central Authority in the UK confirming the issue of a Certificate of Eligibility in support of the entry clearance application if the adoption engages the requirements in:

• Section 83 of the Adoption and Children Act 2002; or
• Articles 58ZA and 58ZB of the Adoption Northern Ireland order 1987; or
• Section 58 of Adoption and Children Scotland Act 2007.

It is possible to email the relevant Central Authority to check the issue of a Certificate of Eligibility: 

• England – ica.darlington@education.gov.uk
• Wales – PlantSynDerbynGofal@llyw.cymru – for Hague Convention adoptions only, otherwise contact ICA Darlington
• Scotland – intercountryadoption@gov.scot
• Northern Ireland – intercountry.adoption@health-ni.gov.uk

6. Adoptive Parent’s Immigration Status Requirements

The applicant must be accompanying their adoptive parents and one of the following must apply:

• both adoptive parents are either British Citizens, or have settled status in the UK, or live in the UK and have a right to stay without restriction; or
• one adoptive parent is a British citizen, or settled in the UK, or lives in the UK and has a right to stay without restriction and they have sole responsibility for the applicant’s upbringing; or
• one adoptive parent is a British citizen, or settled in the UK, or lives in the UK and has a right to stay without restriction and the other parent has, or is seeking and is granted, entry clearance or permission to stay on a route to settlement; or
• the adoptive parent has sole parental responsibility, and is applying for and is granted, entry clearance or permission on a route to settlement; or
• one adoptive parent is a British Citizen, or 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
• 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.

7. Financial Requirement for a UK Adoption Visa

The applicant will need to show that they will be adequately maintained in the UK by the adoptive parent(s), without access to public funds, unless the child’s adoptive parents has, or is applying for and is granted, permission on a route to settlement, in which case they must meet the financial requirement as a dependent under that route. Further information on this is contained within the Home Office’s Adequate maintenance and accommodation: caseworker guidance.

The adoptive parent(s) must provide evidence of income or cash savings sufficient to show that they can meet the financial requirement and the following:

• evidence from income, other than self-employment, or savings must cover the 6-month period immediately before the date of application; or
• 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
• 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
• 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
• where property has been sold and the money received has been converted into cash savings the requirements in paragraph 11Ad of Appendix FM-SE must be met.

The applicant must also meet the financial requirement as set out in Appendix FM-SE.

8. UK Adoption Visa Accommodation Requirement

In order to bring a child to the UK for adoption in circumstances where the child lives in a country whose adoptions are not recognised in the UK, there is a requirement that the applicant’s accommodation in the UK must not be overcrowded or contravene public health regulations. Further information on this is contained within the above-mentioned guidance.

9. Tuberculosis Requirement

If Appendix Tuberculosis applies, a valid medical certificate must also be provided. Further information on TB tests can be found in our post: TB Test Requirement for UK Visa Applicants Explained.

10. Article 8 ECHR Considerations

In the event that an applicant for an Adoption Visa under UK law meets the ‘Requirements for Adoption’ as set out above but does not meet the suitability or other eligibility requirements, subject to AD 45.2, where the applicant falls for refusal under specific parts of Part Suitability, the decision maker must be satisfied that a refusal would breach Article 8 of the Human Rights Convention. This would be the case if a refusal of the Adoption Visa would result in unjustifiably harsh consequences for the applicant or their adoptive family.

The relevant guidance sets out examples of factors which may constitute unjustifiably harsh consequences:

• The best interests of any child in the UK affected by the decision.
• The nature of the family relationships involved.
• The likely impact on the applicant or other family members if the application is refused.
• Cumulative factors should be considered:
  • Cumulative factors weighing in favour of the applicant should be balanced against cumulative factors weighing in the public interest in deciding whether refusal would be unjustifiably harsh for the applicant or their family.

All relevant factors raised by the applicant should be considered and balanced alongside public interest considerations.

11. Period of Grant

If the UK Adoption Visa application is successful, permission under Appendix Adoption will be granted for 24 months in order to enable the adoption to be completed. Following being granted entry clearance, the children can consider applying for settlement under the route their parent(s) are on or potentially separately.

12. Contact Our Immigration Barristers

For expert advice and assistance with an application to bring a child to the UK for adoption under Appendix Adoption, contact our specialist immigration barristers in London on 0203 617 9173 or complete our enquiry form below.

13. Frequently Asked Questions

What is a UK Adoption Visa?

A UK Adoption Visa allows a child to come to the UK in order to be adopted under UK law where the relevant requirements of Appendix Adoption are met.

When is an application to bring a child to the UK for adoption appropriate?

It may be appropriate where the child lives 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.

Does Appendix Adoption cover all overseas adoption routes?

Appendix Adoption includes other routes, such as Hague Convention Adoption, Recognised Overseas Adoption and De Facto Adoption.

Is a Certificate of Eligibility needed for a UK Adoption Visa?

A letter from the relevant Central Authority confirming the issue of a Certificate of Eligibility will be required where the adoption engages the specified statutory requirements.

What financial requirement applies to a UK Adoption Visa?

The applicant must generally show that they will be adequately maintained in the UK by the adoptive parent or parents without access to public funds, unless the relevant dependent financial requirement on another route applies.

How long is permission granted for under Appendix Adoption?

If the application is successful, permission under Appendix Adoption will be granted for 24 months to enable the adoption to be completed.