All Articles: Adoption

New guidance on intercountry adoptions has finally been published following a lengthy gap that left parents, practitioners and even Home Office caseworkers struggling with this tricky section of the Immigration Rules.  The last in-depth document, written in 2008, disappeared from the Home Office website many years ago – although it...

2nd September 2020
BY Karma Hickman

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 “family member” should end the uncertainty over the...

7th August 2019
BY Karma Hickman

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 European Union, which has held that although a...

28th March 2019
BY Nath Gbikpi

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 over with family law does not make it any easier. This blog post...

17th October 2018
BY nathgbikpi

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 appeals in this area. The case is also authority for the proposition that...

28th June 2018
BY Nick Nason

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 EEA Regulations 2006. The Supreme Court has referred the case to...

15th February 2018
BY nathgbikpi

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 dependent...

25th July 2017
BY Nick Nason

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, although it is surely only...

4th October 2011
BY Free Movement
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