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UK Citizenship for Chinese Adopted Children

(5 Posts)
amphora Sun 23-Mar-14 08:00:16

We adopted our two children from China while living in the US via US adoption laws and therefore they have US citizenship. Their dad is British and so we would like to apply for British citizenship for them. It seems that we need to fill out the MN1 paperwork but there appears to be a UK residency requirement which we cannot fulfill since work has kept us outside of the UK for several years. Does anyone know the best way to apply for citizenship in this situation? Or a solicitor that might help with this? Thank you.

FamiliesShareGerms Sun 23-Mar-14 09:18:14

Look for a lawyer who is a member of ILPA and seek proper advice - this is a very complicated area of law!

Kewcumber Sun 23-Mar-14 18:01:32

definitely a lawyer. I don't think children are entitled to citizenship just because one parent is a UK citizen. Re-adopting them in the UK would confer automatic citizenship on them but its a chore not straightforward like the US.

Hels20 Sun 23-Mar-14 22:10:13

Was their dad born in UK or did he get citizenship another route?

Meita Sun 23-Mar-14 22:55:05

Assuming that adoption confers the same rights to citizenship as birth does (which is a big assumption) - then, if your DH was born in Britain, your children should qualify for citizenship, without any residency requirements. I acquired my citizenship on these grounds before ever having lived in the UK.
If however your DH was born outside of the UK, it depends on where HIS parents were born. Again, if in UK, then citizenship should be granted. If neither of them was a British citizen born in the UK, then not.

Your children having been born and adopted outside of the UK, THEIR children's claim on citizenship will be one step further removed. If your DH was not born in the UK, your children's children won't have any UK born grandparents and hence not qualify. Unless they, of course, are born in the UK.

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