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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, My question is this, i recently got married in South

Resolved Question:

Hello,

My question is this, i recently got married in South Africa to a South African citizen. I am now currently back in the UK, and about to start the application process to bring my wife to the UK. However, my wife has a young 2 year old child to another man, do i have to adopt the child before begining the process of bringing them both to the UK or can that be done in this country?
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.

Hi,

 

You do not have to adopt the child but the child in question will have to be added to the mother's Form VAF4 as a dependent of her so that the child receives a visa as well.

 

The father would be free to object to the removal of the child from the country and could presumably issue proceedings under South African family law for a Court order to stop this happening if he were so minded.

 

Adoption proceedings can be issued in the UK, but it would be a bit more protracted than normal due the the father being in SA as he would likely need to be contacted for his consent to the adoption.


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Kind regards,


Tom

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Customer: replied 6 years ago.

Hello,

 

Thankyou very much for your answer, incidently the father is actually a scottish citizen so i would imagine that would make adoption proceeding easier.

 

thankyou

 

Aidan Mackay

Expert:  Thomas replied 6 years ago.

Hi Aidian,

 

I was more referring the practical difficulty of getting his consent because he is in South Africa ~(eg posting).

 

Hope you are satisified with my answer, if so please click accept.


Kind regards,

 

Tom

Customer: replied 6 years ago.

Hi Again,

 

Sorry i did'nt make myself very clear the natural father is actually a born and raised British citizen based in the UK, and has no family ties with South Africa other than being the natural father. The unplanned pregnancy came about when my wife was in the UK under a work visa. Since learning of my wifes pregnancy he has had no contact and does not pay any child maintaince. So i'm assuming it would be more straightforward?

Expert:  Thomas replied 6 years ago.

The adoption process is only a little more complicated because of the location of the natural father (ie. because he is in SA) not because of his citizenship. He will have to be contacted in SA about the adoption regardless of his nationality/citizenship.

 

Insofar as the visa application is concerned the child need only be listed in the form as above. It will be for the child's father to object if he so chooses.

 

Hope this clarifies, if so please click accept.


Kind regards,,


Tom

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