All Articles: Adoption

Change in law for European families offers temporary hope for unrecognised adoptions 

A small amendment to UK law could soon make a big difference to European families resident here who are struggling to bring home children adopted in Muslim countries abroad.  A change to the legal definition of who counts as an EEA citizen’s “fam ...

7th August 2019 By

Unrecognised adoptions can attract EU free movement rights

Assiduous Free Movement readers and European law aficionados may remember the case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9, covered in this previous post. The case has now gone from the Supreme Court to the Court of Justice of the Eur ...

28th March 2019 By

Immigration and nationality law for adopted children

Immigration and nationality law as it relates to international adoption is undoubtedly complex and a topic with which only a few practitioners are familiar. There are numerically very few international adoption cases, after all. The inevitable cross o ...

17th October 2018 By

Tribunal decides on Immigration Rules for overseas adoptions, rescues “feral” child

The case of TY (Overseas Adoptions – Certificates of Eligibility) Jamaica [2018] UKUT 197 (IAC) involves the complex interplay between the Immigration Rules and international adoption law. It is a must-read for anyone involved in applications or ...

28th June 2018 By

Do unrecognised adoptions confer EU free movement rights? Maybe…

The case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 mainly revolved around the question of whether a child adopted abroad, where the adoption is not recognised by an EU member state, could be considered a “family member” under the  ...

15th February 2018 By

When will a foreign adoption be recognised in common law for immigration purposes?

In W v SSHD [2017] EWHC 1733 (Fam) (07 July 2017) a married couple resident in the UK on a Tier 2 visa attempted to bring their 2-year-old adoptive son, V, to join them from Nigeria. The application they made for him to enter as a Points Based System ...

25th July 2017 By

Yet more Tribunal decisions

After what felt like something of a hiatus early in the year, the tribunal has been churning out new reported cases in recent months as if there was no tomorrow. As far as I know no-one has suggested scrapping the Immigration and Asylum Chamber YET, a ...

4th October 2011 By