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Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 29030
Experience:  25 years hight street experience
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good afternoon, my daughter and husband are considering

Customer Question

good afternoon,

my daughter and husband are considering adopting an ethiopian child from ethiopia, they presently live in Qatae, what will be the procedure to obtain a british pasport for the child and will there be difficulties in this area. if the child initialy has an ethiopian passport will they be able to bring the child into the UK as there adopted child or will they need to apply for a visitors visa for the child, will this be a problem.

many thanks
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Expert_James replied 2 years ago.
QUESTION: Like I stated before, It states that i am not deemed eligible for naturalization because i was not lawfully admitted for permanent residence since I came in with a H1B and did not work for the company. Since i have decided to wait for 5 year and reapply then does this mean I have leave and re-enter lawfully with my green card to establish lawful admission?
ANSWER: Thank for the clarification. A person not lawfully admitted for permanent resident means you are not a permanent resident. I did not realize the letter actually said "you were not lawfully admitted for permanent residence." That means your green card is invalid and you are neither a conditional resident nor a permanent resident. It means it is quite likely that you will receive a notice to Appear for removal proceedings, I'm afraid. Again, I have no way to guarantee that will be the case, but it is the most likely scenario in this case.

QUESTION: Also, does the 5 year wait on my part over ride the fact that the lack of GMC is based on having given false testimony under oath?
ANSWER: If you are not sent a Notice to Appear before an immigration judge for removal proceedings, then it could. I have no way to predict this. But while the good moral character requirement in the law is for 5 years, an immigration officer can look in all of your history to determine whether they will consider you for naturalization.

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Thank you!
Customer: replied 2 years ago.
Relist: Answer quality.
the answer is not related to my question
Customer: replied 2 years ago.
the answer sent does not related to my question
Expert:  Expert_James replied 2 years ago.
My apologies for the confusion. Something went wrong with the system, and my answer to another question was registered to your question.

I will go ahead an opt out of this question, so it may be sent to the proper topic area: UK Immigration Law.
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

A child adopted by British citizen parents can be registered as a British citizen and be brought to the UK as a British citizen.

Please see this link: http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/adoptedabroad/

Hope this helps
Customer: replied 2 years ago.

thanks for the reply,

 

i naturally have to dig through the 33 pages but after a brief scan through I cannot find anythingthat clearly relates to my daughters position unless the position is the same for a UK person living in UK as it is for a UK citizen working as a non resident. Also i cannot find Ethiopia on the list of countries that are accepted as legal adoptions by the UK, does this mean that an Ethiopian adoption legalised in Ethiopia is not recognised in the UK.

 

I get the feeling fron reading through what I have that it is wise to apply for approval and acceptance in the UK prior to the adoption is a requirement if UK citizenship is required for the child. Is this the case?

 

 

many thanks

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

The Adoptions with a Foreign Element Regulations 2005 would work against your daughter as she is not habitually resident in the UK.

There is a process to follow so as to obtain a Certificate of Eligibility and Suitability which she cannot follow as she is not in the UK.

Also, as Ethiopia is not a designated country, an adoption order there would not be recognised in the UK and the child would need to be re-adopted in the UK.

The answer to your last query is affirmative.

A visitor's visa would seem preferable in the circumstances.

All the best
Expert:  Clare replied 2 years ago.
Hi
The adoption in Ethiopia is not recognised in the UK and sadly neither would any adoption process in Qatar.
On that basis if the child is ever to be a British Citizen your daughter must go through the UK adoption process as well once she returns to live in the UK.
At that point the child COULD come on a visitors visa - see page 13 of this information leaflet
http://media.education.gov.uk/assets/files/pdf/i/intercountry%20adoption%20and%20the%20immigration%20rules.pdf
The issue will be whether or not your daughter is currently Habitually Resident in the UK - if not then all is well - however if she is habitually resident in the UK then she must come here and go through the Inter country adoption process in full before the child comes here at all
Claire
Clare, Solicitor
Satisfied Customers: 29030
Experience: 25 years hight street experience
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Clare
Clare
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25 years hight street experience