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Using the Skilled Worker route to recruit students on visas - tips for employers
Emma Fowler
So for individuals actively considering international adoption or who wish to bring non-British children to the UK to be adopted under UK law, what do you need to do to facilitate your child’s entry to the UK?
The relevant steps will vary depending on the method of adoption. The UK immigration rules on international adoption were changed earlier this year and, while challenges remain, the process should hopefully be clearer for adoptive parents looking to bring their children to the UK.
While UK immigration law intersects with family law, it is very important to take separate and timely family law advice in the part of the UK you intend to live. If you are remaining outside the UK, this is still important so you understand if and how your parental relationship is recognised in the UK.
There are four routes adoptive or prospective adoptive parents will likely be looking at:
Under The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption 1993 (the Hague Convention), a framework for intercountry adoptions was established in order to protect the best interests of children and implement systems which safeguard against their abduction and trafficking.
The UK is a party to the Hague Convention and so where adoptive parents are seeking to adopt a child from another contracting country, they can do so under the terms of the convention.
Under this route, adoptive parents who have adopted their child overseas in a country that is recognised under UK law, can apply for entry clearance for their child to come to the UK. The list of recognised overseas adoptions is contained within The Adoption (Recognition of Overseas Adoptions) Order 2013.
The child will be granted settlement (i.e. indefinite leave to remain in the UK) straightaway if their adoptive parent(s) are either British citizens or themselves hold indefinite leave to remain. In cases where this does not apply and the adoptive parent(s) are not British nor settled in the UK, the child will be given a visa that expires on the same date as the permission that has been granted to their adoptive parent(s).
Under the Immigration Rules, the de facto adoption route recognises the fact that, sometimes, children become fully integrated into a family over a long period of time and, either, there has been no formal legal process to officially recognise the arrangement or the UK does not recognise the adoption process that took place.
In cases where at least one of the adoptive parents is British or settled in the UK and can show:
The adoptive parent(s) can apply to bring the child to the UK.
Most commonly, de facto adoptions are likely to be suitable in cases where a British citizen adopted a child whilst they were living overseas for a period of time, but the country’s adoption orders are not recognised by the UK.
This route allows a child who has been adopted from a country whose adoption orders are not recognised in the UK, to be granted entry clearance to the UK so that they can be adopted under UK law. In these cases, the adopters will need to have obtained a Certificate of Eligibility from the UK authorities.
British citizenship for adopted children
British citizenship for the adopted child of British or settled parents is not always automatic so, where an adoption order has not had the effect of conveying British citizenship, it is always possible to look at whether a child is eligible to be registered as a British citizen. The Secretary of State has a very broad discretion to register a child as British if she thinks fit to do so. Each case needs to be considered separately to assess the prospects of an application for registration as a British citizen.
General requirements for all adoption applications
For all applications concerning an adopted child, regardless of the specific route being used, one of the caseworker’s main priorities will be ensuring that the adoption is not one of convenience which has been facilitated simply to enable the child to come to the UK.
In the line with the Government’s commitments to child welfare and safety, it must be clear to the caseworker that there has been a genuine transfer of parental responsibility and, where applicable, the child’s ties to their birth family have, in effect, been broken. Whilst not impossible, this requirement does often pose a challenge for children being adopted by extended family members. In these cases, it would be a matter of demonstrating that the adoptive parent(s) have assumed parental responsibility for the child to the exclusion of the birth parents.
There are also a number of other requirements that apply to an application for an adopted child, including demonstrating that the child is under 18 and is dependent on their parent(s), and also showing that the adoptive parent(s) have sufficient funds to maintain and accommodate the child in the UK.
This is just an indication of some of the things UK based parent(s) should be mindful of when considering adding to their family by way of adoption from overseas. Although the requirements are now clearer than they once were, as may be evident by the brief summary above, each route is distinct and has its own specific requirements. Our specialist immigration team at Kingsley Napley has experience in navigating the complexities of family migration and can assist you in determining the best route for your child to come home to the UK.
If you have any questions, please contact Bukunmi Osuntoki in our Immigration team.
Bukunmi is experienced in assisting a wide range of clients with their UK immigration matters, in particular private individuals, who wish to work, study, visit or relocate to the UK. She advises on a broad range of UK immigration matters.
With lots of students finishing their exams at this time of year, we often receive queries from hiring teams, looking to understand the Student visa category and how these candidates could transition into longer-term roles.
We set out below the different stages at which a Student visa holder might be hired, and how this impacts their right to work and the future process to join the business longer-term.
Comments from Chancellor Rachel Reeves in January at Davos have materialised into two new schemes to attract more high-growth businesses to the UK.
Announced as part of London Tech Week, the two new ‘concierge service’ schemes include visa fee reimbursements and a fast-track for Office for Investment-backed overseas businesses.
These schemes are announced as migrants, employers and prospective inward investors continue to hold their breath over whether the government will follow through on its drastic earned settlement proposals, as early as this Autumn. Uncertainty is exacerbated by the possible leadership contest in the near future which could mean a change in direction on immigration policy.
The start of Pride Month in the UK provides an opportunity for immigration lawyers to reflect on the challenges facing LGBTQ+ asylum-seeking clients.
Still fresh in our minds is April’s BBC investigation, which suggested the existence of a shadow industry of legal advisers encouraging migrants to falsely claim to be gay in order to make asylum claims that would enable them to remain in the UK. While allegations of abuse of the asylum system should be investigated, the way sexuality‑based asylum claims are discussed in public debate matters. Focusing on isolated examples of alleged abuse risks misrepresenting how these claims are actually assessed and reinforcing assumptions that cause real harm to LGBTQ+ people seeking protection.
This type of reporting raises concerns as it obscures the reality of the system. It exaggerates the prevalence of fraud and risks embedding a culture of disbelief that already presents significant barriers for genuine claimants.
One question clients often ask is whether an employer can lawfully pay a sponsored worker more than a non-sponsored worker doing the same role, particularly given the increases to minimum salary thresholds under the Skilled Worker route.
The Migration Advisory Committee (MAC) wants to know what needs to change for the UK to be competitive about attracting Global Talent.
The MAC has launched a call for evidence on the Global Talent and Innovator Founder visa routes. The deadline is 11:59pm on 1 May 2026. Here's why this matters - and why you should respond
Historically, a non domiciled divorcing couple have been able to mitigate their UK tax liabilities when making a lump sum payment to the other party to the divorce. Following guidance from HMRC in 2025, however, it seems that this particular tax mitigation strategy is no longer available and advice needs to be taken in respect of each party’s tax status, the timing and mechanism of payments and the likely tax liability.
The UK government’s new “earned settlement” proposals reveal a stark divide in how people can secure their right to live permanently in the UK. For EU, EEA nationals and Swiss nationals and their families who were living in the UK before Brexit, the EU Settlement Scheme increasingly seems a beacon of fairness. For everyone else, the future looks far less certain—and much harder.
The UK Government’s Earned Settlement consultation proposes a fundamental shift in how migrants achieve Indefinite Leave to Remain (ILR). Instead of a time-based system, settlement would be earned through measurable contributions and integration. For the tech sector—one of the UK’s fastest-growing industries—these changes could have far-reaching consequences.
As I mentioned previously, I am still trying to get my head around the issues that continue to arise from the recent announcement made by the Home Secretary in relation to the settlement provisions. For now, I want to unpack one part of the change.
The Border Security, Asylum and Immigration Act 2025 (which has just completed the parliamentary process by receiving Royal Assent on 2 December 2025) will introduce significant changes to right to work checks. The law hasn’t been implemented yet but employers need to be aware of the implications.
The Immigration Skills Charge (ISC) will increase by 32% from £1,000 per year of the visa to £1,320 per year of the visa. For small sponsors the ISC will increase from £364 to £480 per year.
The immigration policy white paper was released on 12 May 2025 and there were subsequent Skilled Worker rule changes on 22 July. On 14 October the Home Office released a statement of changes to the Immigration Rules setting out further upcoming rule amendments flowing from the white paper. There was also a Home Office press release.
We focus here on two updates - one on travel to the EU and one on the Temporary Shortage List for Skilled Worker applications based on lower skilled roles.
I’ll acknowledge, it is a little edgy - in the current climate - to argue for a more nuanced approach to historic criminality in the immigration system. Sounds like the sort of thing that would feed a tabloid journalist with everything they think they need to know about an immigration lawyer.
The issue of indefinite leave to remain (ILR) has been a hot topic in the UK press. The Reform Leader Nigel Farage has suggested that his party would abolish the status and force people with ILR to return to some form of lesser immigration status which would block access to a range of rights which those who obtained the status acquire - access to welfare benefits, free NHS care and home student University fees for young people.
From UKVI’s published statistics on immigration applications, in the most recent reported quarter (March to June 2025) UKVI received 938,527 visit visa applications – the highest ever reported in at least the last 20 years. In that quarter, UKVI also refused 156,659 visit visa applications (and issued 790,708 visas), unsurprisingly, also the highest number reported. The refusal rate for this quarter (which will not cover all applications received) was just shy of 20%.
The Secretary of State for the Home Department (“SSHD”) Yvette Cooper has trained her crosshairs squarely on foreign national families in her recent announcement, declaring the suspension and reform of the refugee family reunion scheme and a review of “the application of Article 8 in the immigration and asylum system.” The suspension came with a statement of changes to the Immigration Rules today at 3pm.
UKVI can issue a whopping fine of up to £60,000 to a company that is alleged to have employed someone illegally in the UK. The size of the fine is partly determined by whether the breach is a first for the business or not.
As political and economic uncertainties continue to shape the global landscape, a growing number of Americans are setting their sights on the United Kingdom, not just for travel or business, but for a new life altogether.
Emma Fowler
Tim Richards
Libby Klinke
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