One of the perils of being an immigration lawyer is that you begin to question the visa routes of characters on TV and in films, and how exactly the character who just came to the UK for a short visit and has stayed there since, has managed to overstay their visa. However, a recent example of this is the question of how Paddington Bear obtained a passport!
Paddington's migrant journey to the UK has been excellently covered before but could Paddington have become British because he was adopted by the Brown family (after all his passport does list Brown as his surname)?
Adoption and citizenship are complex topics with three possible scenarios, and because of the interplay between the relevant laws, this required the input of Trudy Burns from our family law team as well.
1. Adoption in the UK
This is the most straightforward situation from an immigration perspective, if we leave aside the legalities of adopting a bear. It doesn't make a difference if Mr and Mrs Brown live in London, or elsewhere in the UK, if they want to adopt Paddington, their immigration status as prospective adopters must be confirmed before doing anything else.
The British Nationality Act 1981 confirms that a child adopted in the UK will automatically be British if their adoptive parents are resident in the UK and at least one of them is British. Furthermore, Mr and Mrs Brown, both need to be over 21 years of age and have been living in the country for at least 12 months before the application is made.
The formal legal steps required to adopt a child differ slightly between England, Wales, and Scotland but the essence of the legal procedure is similar. After determining that the above basic legal requirements are met, the prospective adopters need to first notify their local authority or local adoption agency of their desire to adopt. The local adoption agency will then assess the prospective adopter's suitability to adopt in line with each country's specific legal requirements, before an application is made to court for an adoption order.
In this scenario, which appears to be the most likely in the film, as soon as the adoption was confirmed by the court, Paddington was a British citizen and entitled to apply for his British passport. And if they ever wanted to relocate as a family from London to Scotland, they could do so without any need for concern as the adoption will be automatically recognised.
2. If Paddington was adopted in Peru
Although there is no suggestion that Paddington has returned to Peru since the events of the first film, it is worth contrasting the position had he done so and the adoption had taken place there as it demonstrates how complex questions of adoption and citizenship can be.
When a child is adopted abroad, the question of citizenship depends on whether it is classed as a Hague Convention Adoption. Fortunately for Paddington, Peru is a party to the Convention so the adoption will be recognised in the UK provided the necessary formalities are completed.
Provided that Mr or Mrs Brown was habitually resident in the UK at the time of adoption, Paddington would automatically be British, and they could bring him to the UK to live, within 12 months of the adoption order being granted, so long as the relevant UK adoption agency had already assessed and approved them as adopters. However, as is often the case, where the adoptive parents are living outside the UK at the time of adoption, then citizenship isn't automatic and an application for registration needs to be made which can take up to six months.
3. Adoption in another country
In Paddington, the only countries involved are the UK and Peru, but what happens in cases where the adoption takes place in a different country all together? This is the most complicated of the scenarios as then whether someone can apply for British citizenship depends on whether the UK recognises the adoption orders of a particular country or not.
Where the UK does recognise the adoption is lawful, then the child can apply for British citizenship but there is no automatic grant of citizenship.
However, where the child is from a country where adoptions are not recognised by the UK it can be extremely difficult. In these cases, there is no automatic claim to British citizenship and an application to register as British is unlikely to be successful. Instead, it is necessary to apply for the child to be issued with a visa to come to the UK for the purposes of an adoption here. There are a number of requirements to be met and the length of the visa will depend on individual circumstances.
Sadly, we regularly see cases like this scenario, where a family has adopted a child abroad and assumed this will mean the child will automatically be able to move to the UK. Instead, they face further delays to their new life as a family and more court proceedings to ensure the adoption is accepted in the UK.
Summary
As you can see, Paddington might have been able to claim British citizenship through the adoption route but it is not always that simple. International adoptions are a complex area where family law and immigration law combine and getting the correct advice is vital.
Our Immigration and Family Law teams can assist with any UK immigration or Scottish adoption queries and help ensure your family finds the right path, so please get in touch.
