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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6387
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello,Please advice me on what to do regarding my little

Customer Question

Hello, Please advice me on what to do regarding my little nephew who is 13 years old and living with my 74 years old mother in Nigeria. I am a british citizen, live in London in a 2 bedroom flat and working full time with an annual salary of £28,000. My nephew, the son of my late sister, lost both parents 6 years ago when he was 7 years old in a fatal car accident and ever since i have been taken care of him and now i am planning to bring him to UK to live here with me but don`t know how to go about it hence this question/inquiry please. Thank you

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Who is responsible for your nephew at the moment?

Will you adopt your nephew?

Tom
Customer: replied 1 year ago.

Morning Graham,

I am responsible for my nephew since he lost his parents 6 years ago. He lives with my mother who is 73 years old widow. I am the one paying for his schooling, his up-bringing, so, i am financially and emotionally responsible.

Is there anyway to bring him to the UK without adopting him since he`s the son of my late sister. I am a british citizen and work full time, i can look after him here in the UK.

Please, advise me on the options i have to bring him to UK.

Regards

Expert:  Thomas replied 1 year ago.
Hi,

Adoption would be the most secure way forward, is there a reason why you don't want to do this?

Tom
Customer: replied 1 year ago.

Hi,


 


There is no-specific reason for not wanting to adopt him, just for the respect of his late parents.


Could you please tell me more about the adoption and how it works but i would prefer any other method.


Nos DOK

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Adoption would be the most secure route forward.

The alternative is to attempt to apply on the basis of a an application by a child of a relative present and settled in the UK. This is very similar to an application that you would make if you were the parent.

However, you have to show that there are serious and compelling considerations which make the exclusion of the child undesirable:-
http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/children/
Please refer to XXXXX 297(f) on the above link.

Applications of this type are almost always controversial and disputed by the UKBA because it’s obviously more subjective than if the child is yours or adopted as yours.

Frankly, if you applied on this basis you would probably be looking at over £2, 000 + Vat (and possibly more) in legal fees alone with no guarantee of success. It’s a risk. It’s for you to decide whether it is worth it.

If you adopted the child and then applied the application would be much less controversial and you would almost certainly succeed provided you maintain the financial level that you have and adequately evidence your eligibility by submit comprehensive documentary evidence.

If you wish to adopt the child then here is a good place to start, which is the government’s page on overseas adoption:-
https://www.gov.uk/child-adoption/adopting-a-child-from-overseas

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6387
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for your explanation and regarding the Adoptation, i think it will be long to complete because i have to go through so many things.


Is there anything like a straight adoptation i.e since his parents are no-more and i been the one looking after him, won`t it be possible to go to the high court in Nigeria for a court declaration stating that his parents are no-more and that i have the full right to take him, this declaration can be done by my mother and witness by different people that knew his parents.

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

okay

Expert:  Thomas replied 1 year ago.
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