http://www.ait.gov.uk/Public/Unreported/IA150762007.doc
bebe2 here you can see a case with a sick child, they lost, even though the child's life could be shorter as a result.
Also see the immigration rules about adoption which I do not think will help this family at all:
http://www.ukba.homeoffice.gov.uk/polic ... les/part8/
Adopted children
309A. For the purposes of adoption under paragraphs 310-316C a de facto adoption shall be regarded as having taken place if:
(a) at the time immediately preceding the making of the application for entry clearance under these Rules the adoptive parent or parents have been living abroad (in applications involving two parents both must have lived abroad together) for at least a period of time equal to the first period mentioned in sub-paragraph (b)(i) and must have cared for the child for at least a period of time equal to the second period material in that sub-paragraph; and
(b) during their time abroad, the adoptive parent or parents have:
(i) lived together for a minimum period of 18 months, of which the 12 months immediately preceding the application for entry clearance must have been spent living together with the child; and
(ii) have assumed the role of the child's parents, since the beginning of the 18 month period, so that there has been a genuine transfer of parental responsibility.
Requirements for indefinite leave to enter the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom
310. The requirements to be met in the case of a child seeking indefinite leave to enter the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom are that he:
(i) is seeking leave to enter to accompany or join an adoptive parent or parents in one of the following circumstances;
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing; or
(f) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; or
(g) in the case of a de facto adoption one parent has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is seeking admission to the United Kingdom on the same occasion for the purposes of settlement; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated and maintained adequately without recourse to public funds in accommodation which the adoptive parent or parents own or occupy exclusively; and
(v) DELETED
(vi) (a) was adopted in accordance with a decision taken by the competent administrative authority or court in his country of origin or the country in which he is resident, being a country whose adoption orders are recognised by the United Kingdom; or
(b) is the subject of a de facto adoption; and
(vii) was adopted at a time when:
(a) both adoptive parents were resident together abroad; or
(b) either or both adoptive parents were settled in the United Kingdom; and
(viii) has the same rights and obligations as any other child of the adoptive parent's or parents' family; and
(ix) was adopted due to the inability of the original parent(s) or current carer(s) to care for him and there has been a genuine transfer of parental responsibility to the adoptive parents; and
(x) has lost or broken his ties with his family of origin; and
(xi) was adopted, but the adoption is not one of convenience arranged to facilitate his admission to or remaining in the United Kingdom; and
It may be time for your friend to get specialist advice.
As for it being the UKs fault for this family being here because they are paying NI and tax, that is rubbish IMO. Why should the UK government data match EVERY SINGLE NI contribution to EVERY SINGLE birth certificate and immigration record. These checks would have to be redone periodically because people do become overstayers. Do you have evidence that the number wasn't properly obtained, or even that it not a legal resident's number that has been hijacked.
And so what that they have paid for private treatment, the consultations with the NHS all cost money, when the mum gave birth, did she pay for it? Special schools also cost money, and more than mainstream education. If they are threatened with removal, all that beaurocracy costs money, along with court time - expensive. The flights will not be cheap either.
If ultimately they do have to leave, perhaps they could leave with this organisation's help in a more dignified way than enforced removal.
http://www.iomlondon.org/
The main thing is they are not going to get legal residency without applying for something at some point.
How did they enter the UK, when did they come, and what visas did they have then?
