Navigating the UK immigration system can be complex, especially when it involves children adopted or cared for outside formal legal frameworks. For families in Pakistan considering bringing a child to the UK under a de facto adoption, understanding the legal and procedural requirements is essential to ensure compliance and avoid delays or refusals.
What Is a De Facto Adoption?
A de facto adoption refers to a situation where a child has been fully integrated into a family and raised as their own, but without a formal legal adoption recognised by UK law. This often occurs in countries like Pakistan, where either:
- Legal adoption procedures are not recognized by the UK, or
- The family has not completed a formal adoption process due to cultural or legal constraints
In such cases, UK immigration law allows for entry clearance if the adoptive parents can demonstrate a genuine parental relationship and transfer of responsibility.
Eligibility Criteria for De Facto Adoption Immigration
To qualify under the de facto adoption route, the following conditions must be met:
Duration of Care:
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- The adoptive parent(s) must have lived abroad for at least 18 months.
- They must have lived with and cared for the child for at least 12 months immediately before applying.
Parental Role:
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- There must be clear evidence of a genuine transfer of parental responsibility.
- The child must be treated as any other child in the family, with no ties to their biological parents.
Child’s Status:
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- The child must be under 18, not married or in a civil partnership, and not leading an independent life.
Financial and Accommodation Requirements:
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- The adoptive parents must show they can accommodate and maintain the child without recourse to public funds.
Application Process
Applications for children under de facto adoption are made via the online settlement visa route.
The relevant supporting evidence must be included.
Important Considerations for Families in Pakistan
- Legal Recognition: UK law does not recognise adoption orders from certain countries, including Pakistan, unless they meet specific international standards (e.g., Hague Convention). Therefore, de facto adoption may be the only viable route.
- Timing Is Critical: The immigration process must be completed before the child enters the UK. Entry without proper clearance can result in refusal, detention, or removal.
- Best Interests of the Child: UK immigration decisions are guided by Section 55 of the Borders, Citizenship and Immigration Act 2009, which prioritises the child’s welfare. This includes assessing whether the child is being cared for in a genuinely parental way
- Article 8 ECHR: The right to family life under the European Convention on Human Rights may be considered if standard immigration requirements are not met. However, this is not a guarantee and must be supported by strong evidence.
Conclusion
For families in Pakistan seeking to bring a child to the UK under de facto adoption, understanding and complying with UK immigration law is essential before the child enters the country. The process is rigorous, but with proper documentation and legal guidance, it is possible to secure a successful outcome that respects both the child’s welfare and the integrity of UK immigration controls.
Get In Touch
Joanna Safadi is an Associate Partner and Immigration solicitor advising on visa applications and sponsorship licences.
If you’d like to get in touch, please call 03301 624 681 or via our contact form.
