Can Adopted Children Qualify for an EEA Family Permit?

Can Adopted Children Qualify for an EEA Family Permit?

EEA Member States, Hague Convention, Switzerland, Liechtenstein

Guidance on EEA Family Permit: EUN02 | Published on 13 November 2013 by Home Office UK Government | Details of Section 13, EUN2.13 (of 24 Sections EUN2.1-2.24)

13. EUN2.13 Can adopted children qualify for an EEA family permit?

The UK currently recognises adoptions that have taken place legally in the majority of EEA Member States (as they are either included on the designated list or because they are Hague Convention states). Switzerland is also on the designated list of recognised countries.

The exceptions to this are Hungary, which has signed the Hague Convention but not yet acceded to or ratified it and Liechtenstein (because it is not on the designated list, nor has it signed the Hague convention). In some (very rare) circumstances adoption orders made in Convention countries may not automatically be recognised in the UK. This is because only adoptions made as ‘convention’ adoptions are recognised (based on Article 17(c) agreements). In general, however, a child legally adopted in one of the recognised Member States should qualify for an EEA family permit provided that they meet the relevant criteria.

If the UK does not recognise a country’s adoption orders an EEA national would need to re-adopt the child in the UK (or in any country whose adoption orders are recognised by the UK) in order for the relationship to gain legal recognition in the UK. This would apply if, for example, an EU national adopted a child in a country not on the designated adoption list.

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via EEA family permit: EUN02 – GOV.UK

Related: Bringing Adopted Child to UK | Visa for Adopted Child to UKIndefinite Leave to Enter or Remain in the UK as a Child of a Parent, Parents or a Relative Present and Settled in the UK via  Immigration Rules part 8: family members – Immigration Rules – Guidance – GOV.UK

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