Anyone able to help with a non Brit child moving to the UK to be looked after by British Uncle and Aunt?

[SenoritaViva]

My sil is unable to take care (financially) of her both her children and the only real solution is that her eldest daughter (age 15) moves to the uk to live with us from South Africa. SIL holds a British passport (not born in uk). Will we need to adopt her daughter or will guardianship be enough?

If anyone can point me in the right direction and offer any advice I'd really appreciate any help. I keep hitting brick walls and getting referred which isn't getting anywhere.

TIA

contact www.baaf.org.uk/contact see if you need to adopt or just get letter authorising you to care for her sign for medical emergencies etc.

also www.savethechildren.org.uk/resources/online-library/kinship-care

also border agency www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/parentsgrandparentsandother/

Thank you so much, most helpful!

You will need to register with social services as private foster carers I think. Most will be very clued up on the legalities and be able to help you with the practical stuff, so I would call them for advice. It is a legal requirement to inform them if you will be looking after a child for more than 28 days, whatever your long term plans.

Thank you I agree with everything! I hadn't thought of social services so thanks. Of course we want to follow all the correct legalities; essentially I'm not even 100% sure it's possible at this point in time.

Adoption extinguishes all rights of the biological parent so probably isn't necessary in your case. In order to get Parental Responsibility (which gives you the right to make decisions and deal with schools, doctors etc) you would need to apply for a Residence Order. Form C100 from the court website.

Thank you family lawyer; I was afraid adoption might bring this about. I sincerely hope that my sil can get back on her feet within a year or two so I'd hate for her to relinquish rights.

How lovely of you to help out like this. I know nothing useful (I'm afraid), but knowing how much further money from here can go over there, I wondered why go this route & splitting siblings/family was the answer, rather than sending them what cash you could manage each month.

Of course, that's such an obvious alternative, I'm sure you have considered it already and have your reasons for not choosing that path.

Best wishes, and good luck to you all.

We already do send cash but it isn't enough sadly. Plus things are not much cheaper over there with the exception of rent which we are paying. Food is the same added with school fees, medical aid etc.

I have no actual legal knowledge, except that I have a friend whose niece from the US came to live with her under similar circumstances. When she applied for a school place for her, she was told DfE guidance says that a child is only entitled to free schooling in the UK if they are here with their parents (regardless of where they are from) OR if the child in an EU citizen. A non EU citizen here without their parents was not entitled to free schooling. My friend took legal advice on this at the time, and was told this is correct. She couldn't afford private fees so had to home educate. The child ended going back to the US as her education was suffering.

Don't know if things have changed now, but do look into that first.

Link here (under non EEA nationals) www.education.gov.uk/schools/adminandfinance/schooladmissions/a00202983/children-from-overseas

Thank you UNirrevalentelephant! I shall investigate this fully!!!!