URGENT, please help me with the dependent visa

[aserff]

Hi everyone,

I'm stuck in this situation, my wife and I married since 2016 and she has her own kid which is now 10 years old, and she has been living with us. On her birth certificate, her father name is blank because my wife her the guy didn't get married.

Recently I have been offered a job in UK with Visa tier 2 general. I have received the CoS few days ago and I intended to adopt my wife's child to bring to the UK as my dependent.

the question is:

1. If at the time of my application, should I put the child as my 'child dependent' because at this point the adoption hasn't been finished ?
1.a. what if I didn't put her as my dependent, will she be able to join me later?
2. Should I wait until the adoption process to be finished?
2.a Will they decline the visa because of the fact that I adopt her AFTER I have received the CoS and the job, despite she is my wife's daughter and she's living with me.

Thank you very much

[aserff]

Please help me

[aserff]

Hi everyone,

I'm stuck in this situation, my wife and I married since 2016 and she has her own kid which is now 10 years old, and she has been living with us. On her birth certificate, her father name is blank because my wife her the guy didn't get married.

Recently I have been offered a job in UK with Visa tier 2 general. I have received the CoS few days ago and I intended to adopt my wife's child to bring to the UK as my dependent.

the question is:

1. If at the time of my application, should I put the child as my 'child dependent' because at this point the adoption hasn't been finished ?
1.a. what if I didn't put her as my dependent, will she be able to join me later?
2. Should I wait until the adoption process to be finished?
2.a Will they decline the visa because of the fact that I adopt her AFTER I have received the CoS and the job, despite she is my wife's daughter and she's living with me.

Thank you very much

[CR001]

Kindly desist from starting multiple topics with the same question in other sub forums and keep your posts in the Tier 2 sub forum please.

If your spouse can prove sole responsibility, then the child applies for the tier 2 dependent child visa. No need to adopt the child.

immigration-for-family-members/sole-res ... 13087.html

[aserff]

But if I adopted her then my wife doesn't need to prove anything right?

[aserff]

hi @CR001 could you please help me?

I have adopted her, which documents should I submit with my wife and her to bring them to the UK?

Really appreciate the help

Thank you

[aserff]

Dear experts,

This is very urgent since I only have 3 days left to reject the adoption.

I recently filed a adoption request to my wife's child (my stepchild) and has been accepted by the People Committee of Vietnam, they gave me til 12/10/2018 to think and if I didn't change my mind they will issue the Adoption order.

I have got my Visa tier 2 approved on 26/09/2018 and my flight is on 21/10/2018 to the UK.

Yesterday, I seek for advice of a solicitor and he said Vietnam is not on the designated list of accepted adoption order - which is not true (http://www.legislation.gov.uk/uksi/2013/1801/made) and (https://www.gov.uk/guidance/intercountr ... n-agencies).

he said it would be EASIER to prove for `Sole responsibility` instead of adoption because of the reason above.

I'm really stressed and emailed him about the fact that Vietnam is on the list, but he took the money and never replies to me.

Please help me, would there be any problem to adopt her so close to the departure date? - would it be easier without the adoption? since I CAN revert the adoption before 12/10/2018 without any traces.

Facts:

1. Marriage certificate issued on Oct 2016
2. Birth certificate doesn't have the father name
3. We're living under the address `A` but we're registered under the address `B` (parents house) and I have stated in my approved visa form that we're living there, if we got the letter from schools (in the same district of address `A`) stating that me and my wife are responsible for the child's schooling there will be a high chance that they'll state the address `A` will that be a problem?
4. We have flights ticket and hotels confirmations for the 3 of us throughout the last year (she's living with us since we got marriage, before that she's living with the grandparents)

Thank you very much.
Thomas

[CR001]

Important to note that Vietnam is not part of the Hague convention on intercountry adoptions and this is what you solicitor is likely referring to. This is what HO will want to see to recognise the adoption.

https://www.hcch.net/en/instruments/con ... y-adoption

The links you have provided is for the process of adopting within and through the UK assessment and system as far as I can see and that does not apply in your case as you are not using the UK adoption agency.

You need to be able to meet the requirements of the immigration rules, specifically point 309 to 316 in link below under children heading.

https://www.gov.uk/guidance/immigration ... ly-members

[aserff]

Hi CR001,

Thank you for your quick reply,
I have checked on hcch too yesterday and Vietnam is in the table and the EIF date from 2013.
https://www.hcch.net/en/instruments/con ... le/?cid=29

https://www.hcch.net/en/states/hcch-mem ... 1/?sid=230
`Vietnam is a contracting party to
1.Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters [14]
2. Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption [33]
`


Could you please check this information>?

Thank you

[CR001]

I'll leave other to comment further however, if the child's father is not named on the birth cert and is unknown and not part of child's life in any way etc, then your wife clearly has sole responsibility and could apply for a visa.

Adoption is not mandatory to get a visa.

[aserff]

I just check this too
https://www.hcch.net/en/instruments/con ... le/?cid=69
status table of the intercountry adoption which has vietnam in it.

yes the father is not in the birth certificate, but since my wife gave the child to the Grandparents( Mother and father of the biological father) for adoption in order to bring her to the US under EB-5 Dependent(rejected) - because is it illegal for the grandparents to adopt the grandchild, we have had to run through multiple processes to cancel this adoption. In the cancel adoption court order, they have mentioned the biological father in it(to link to the grandparents), which causes him to appear in the picture - he lives 50km away from our home.

[aserff]

I just check this too
https://www.hcch.net/en/instruments/con ... le/?cid=69
status table of the intercountry adoption which has vietnam in it.

yes the father is not in the birth certificate, but since my wife gave the child to the Grandparents( Mother and father of the biological father) for adoption in order to bring her to the US under EB-5 Dependent(rejected) - because is it illegal for the grandparents to adopt the grandchild, we have had to run through multiple processes to cancel this adoption. In the cancel adoption court order, they have mentioned the biological father in it(to link to the grandparents), which causes him to appear in the picture - he lives 50km away from our home.

[CR001]

You need to do what you feel is right for you. You still have to meet the requirements of the immigration rules in terms of children who are adopted.

It might not be a quick process to get the child a visa then as you clearly need to sort out the issues in Vietnam first.

The forum can advise on immigration matters but I suggest you engage an experience solicitor re Vietnam adoption processes.

[aserff]

You said that adoption is not mandatory but with the adoption will it make the visa easier?

for my case it's hard (in my opinion) to prove for `sole responsibility` of my wife.

she has been living with us for almost 2 years will this satisfy 'substantial period of time' ?

IF we apply for the visa without adoption and got rejected because we don't satisfy `sole responsibility`, can I adopt her and re-apply, will this make the application looks bad?

I really appreciate your help

[CR001]

Your wife appears to have given up responsibility of the child when she gave child to fathers parents and they adopted the child.

Your situation is complicated. You will need to get expert advice. I don't think you will get it here on the forum specifically related to the adoption.

Please read the immigration rules link I have provided.

Bear in mind too that you have a limited time to enter the UK if your visa has already been granted.

[aserff]

Thank you CR001,

I'm seeking for multiple solicitors right now and I am waiting for their answer.

My wife have got back the custody by canceling the adoption order using a court's order. But you're right, in the past she appears to have given up the custody, that was a big mistake and it makes our application looks bad.

I'm acting as a father figure for the last 2 years, as this would support the decision of adopting her instead of letting my wife claiming `sole responsibility`. But this is what I can't confirm.

I'm really stressed and I can only pray that everything would be ok.

Yes I do know that I have limited time, 29/10/2018, actually my flight is on 21/10/2018 and I would collect my BRP right away and then sponsoring them from the UK.

Thank you