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Not sure of the relevance of your response in that the eldest child is eighteen now and too old for adoption. She gave her consent in South Africa and whilst she is extremely unpredictable at the moment, I would hope she would cooperate. What stands out for me is that her visa states that she has no dependants but the children are referenced to her visa and she is referenced to me. The mother is repeating her actions of a year ago at the moment and is threatening me with violence and murder, in front of the children. It is clear that divorce is the only solution here but I really need to know how this will affect the immigration status of her children. Surely as their father for eleven years and officially adopted in South Africa which is on the UK's list of Hague Compliant countries, the fact that they would not be financially supported by the goverment in South Africa would be enough grounds to proceed with their ILR regardless of their mother's failings?
Thanks for your answer. It has made me realise another point and that being what would the situation be if my wife passed away, (not that I have any ill intentions here), would the children's visas then have reference to me?
How and where can I pursue the compliance of the existing adoption papers in the UK.
The social worker in Cape Town refered me to the registrar in Pretoria who has informed me that she cannot change the papers. I still am at a loss as to how I could have gone about this differently. It states somewhere that one must not adopt a child in order to gain entry to the UK. The only reason why we adopt or get married is to have some form of official proof ot the action / situation / relationship otherwise for all practical reasons, it makes no difference. Of course I adopted the children before coming to the UK for the very reason that is now being disputed. Their adoption papers do not fulfill the requirements for applying for a British passport but does that also mean that they cannot apply for ILR with reference to me as their adopted father and then later apply for British citizenship?
Hi Claire, I was told by the UK passport office when I applied for a British passport for the eldest child. They referred me to the UKBA.
Perhaps there are two issues here.
1), that the adoption is not recognised as being compliant with the Hague Convention for the purpose of obtaining a British passport.
2) the adoption may be recognised by the UKBA as being legal in SA and perhaps enough to allow them to stay and apply for ILR as my dependants - I don't know.
This is why I am asking for advice on who to approach.
I remember the passport office mentioning that one can make a special application at an office in the north west, somewhere near LIverpool I think. I would have to state all the facts and circumstances, the importance of keeping the three children together, the eldest often plays the role of mother to our youngest (eight year old).
I also remember talking to the UKBA and being told that because I was resident in South Africa at the time of the adoption, the children would not have claim to British citizenship.
If I knew that it would solve the problem, I would see and immigration lawyer about all this. I used one in South Africa back in 1997 after being misled by the SA Home Affairs, the lawyer actually saved me money in the end.
As for documents, I have the court orders that were issued at the magistrates courts and also newer letters of adoption issued by the registrar in Pretoria.
As I think I mentioned, the application for her passport at the UK Passport Office failed as the adoption papers were not Hague Convention certified, they refered me to the UK Border Agency who would not process citizenship or ILR applications based on adoption relationship. I am not sure if they actaully said they the adoption was not valid.
As I have also said, I don't see any other way I could have done this whilst I was permanently resident in South Africa. I am in a terrible dilemma in that should the ILR application of my wife or the two children the family will be torn apart.
As they are my legally adopted children by an actual Common Wealth member state, surely that should overide the ILR process as they were both under 18 when the visa were applied for and when they first entered the UK in Aug 2009?
Would it help for you to read a copy of the letter received from the registrar of Adoptions in Pretoria and if so, how do I send it to you?
Hi, attached is the paragraph, this is from the letter I received from the registrar after I asked for additional proof other than the actual adoption papers:
"The adoption was done in accordance with the Child Care Act 74 of 1983, as amended, which was in force by then. It was done as a national adoption since the adoptive parent, the adoptee and his mother resided in South Africa at that time, when the adoption was finalised. This adoption is not an intercountry adoption and it was not facilitated in terms of the Hague Convention on Intercountry adoptions in respect of this case.
According to the Children's Act:
An adopted child shall for all purposes whatever is deemed in law to be the legitimate child of the adoptive parent, as if he was born of that parent during the existence of a lawful marriage.
The adoption of xxxxxxxxxxx born on 01 June 1992 comply with all the expectations of the South African Child Care Act No. 74 of 1983."
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