The UK introduced Appendix Adoption in 2024 to streamline immigration routes for bringing children to the UK for adoption. One route applies where a child is coming to the UK to be adopted under UK law, particularly where the child lives in a country whose adoptions are not recognised in the UK.
Appendix Adoption also includes other routes, such as Hague Convention Adoption, Recognised Overseas Adoption, and De Facto Adoption, but those are separate from the route for a child coming to the UK to be adopted under UK law.
When this route may apply
A child may apply for entry clearance to come to the UK for adoption where the child lives in a country whose adoptions are not recognised in the UK.
The route may also apply where the child needs temporary permission while an adoption is being finalised.
In some cases, adoptive parents may still need to complete the intercountry adoption process before the UK adoption, similar to adoptions from recognised countries.
Suitability, validity, and dependent child requirements
The child applicant must meet the suitability requirements under the UK Immigration Rules and must not fall for refusal under Part Suitability.
The application must also meet the relevant validity requirements.
Where the child lives in a country whose adoptions are not recognised in the UK, the child must meet the dependent child requirements under Appendix Children. These include:
- Age
- Independent life requirement
- Care requirement
Adoption requirements
Under Appendix Adoption, the applicant must show that:
- The child is coming to the UK for adoption by adoptive parent or parents under UK adoption law.
- The adoption is not one of convenience arranged to facilitate the child’s admission to the UK.
- The child will have the same rights and obligations as any other child in the adoptive parent or parents’ family.
- The adoption is due to the inability of the birth parents, current carers, or those caring for the child immediately before transfer to the adoptive parent or parents to care for the child.
- There has been a genuine transfer of parental responsibility to the adoptive parent or parents.
Certificate of Eligibility
A letter from the relevant Central Authority in the UK confirming the issue of a Certificate of Eligibility may be required in support of the entry clearance application.
The source text says this is required where the adoption engages specified requirements, but the listed requirements are unclear.
Adoptive parent immigration status
The child must be accompanying their adoptive parents, and one of several status conditions must apply.
The requirements may be met where:
- Both adoptive parents are British citizens, settled in the UK, or live in the UK with a right to stay without restriction.
- One adoptive parent is British, settled, or has an unrestricted right to stay in the UK and has sole responsibility for the child’s upbringing.
- One adoptive parent is British, settled, or has an unrestricted right to stay in the UK, and the other parent has or is granted entry clearance or permission to stay on a route to settlement.
- The adoptive parent has sole parental responsibility and is applying for and granted entry clearance or permission on a route to settlement.
- One adoptive parent is British, settled, or has an unrestricted right to stay in the UK, and there are serious and compelling reasons to grant the child entry clearance.
- One adoptive parent has, or is applying for and granted, entry clearance or permission to stay on a route to settlement, and there are serious and compelling reasons to grant the child entry clearance.
Financial requirement
The child must generally show that they will be adequately maintained in the UK by the adoptive parent or parents without access to public funds.
If the adoptive parent has, or is applying for and is granted, permission on a route to settlement, the child must meet the financial requirement as a dependent under that route.
The adoptive parent or parents must provide evidence of income or cash savings sufficient to meet the financial requirement.
Evidence rules include:
- Income other than self-employment, or savings, must cover the six months immediately before the application date.
- If the sponsor receives maternity, paternity, adoption, or sick pay, salaried income can be shown either for the six months before the application or from the start of that leave.
- Self-employment income must be shown for the last full financial year before the application, with evidence of ongoing self-employment where required.
- Non-employment income must generally be shown as received in the 12 months before the application.
- Where property has been sold and converted into cash savings, the relevant Appendix FM-SE requirements must be met.
The applicant must also meet the financial requirement under Appendix FM-SE.
Accommodation requirement
The child’s accommodation in the UK must not be overcrowded and must not breach public health regulations.
Tuberculosis requirement
If Appendix Tuberculosis applies, the child must provide a valid medical certificate.
Article 8 ECHR considerations
If the child meets the adoption requirements but does not meet suitability or other eligibility requirements, the decision maker may need to consider whether refusal would breach Article 8 of the European Convention on Human Rights.
This may apply where refusal would result in unjustifiably harsh consequences for the child or adoptive family, subject to the relevant suitability rules.
Factors that may be relevant include:
- 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
- The cumulative factors in favour of the applicant
- The cumulative public interest factors supporting refusal
All relevant factors raised by the applicant should be considered and balanced against public interest considerations.
Length of permission
If the application is successful, permission under Appendix Adoption is granted for 24 months so the adoption can be completed.
After entry clearance is granted, the child may later be able to apply for settlement under the route their parent or parents are on, or potentially through a separate route.
The information is based on the immigration rules and policies in force at the date of publication, 24 June 2026. UK immigration law and Home Office policy can change, and requirements may vary depending on individual circumstances.
Source article: immigrationbarrister.co.uk
