Taking Child out of Country

[Rathbone]

Hi, I understand as SG's we can only remove our granddaughter out of the country for 90 days per year. I have just been offered a job in the USA for 5 years on an R1 Visa. 4 Questions:

1) Anyone been here and might know our status with US immigration? We are SGO's and the child is not adopted, natural, step, etc. etc. In other words, there appears to be no 'child criteria' for SGO's with fill Order for all of minor years!
2) How do I approach the court to get more than 90 days. IE remove child from their jurisdiction.
3) We shall be coming back at least twice per year and will ensure contact begins & continues, but this is going to freak the parent who will not comply, but this is a great job opportunity.
4) As she is a cared-for child, might we lose our SGO finances if we are out of the country for a period of time?

Can anyone help?

[azzosster50]

Wow sounds tricky. We are actually really interested to know because my husband's job requires for us to move to either the US or Singapore too. However, we have been told that the US and Singapore do not recognise SGO's, therefore it will be tricky trying to get a visa for the child. Please let me know, as we are in the same boat.

[Rathbone]

Yes, we have been told that too! Hope that's not the case.

[Rathbone]

US consulate has confirmed that our granddaughter will NOT be recognized as a dependent and therefore we cannot get a visa. I am contacting another attorney that specializes in adoption and related matters to see what can be done, but it does not look good.

[Rathbone]

Another US attorney says.....

"In order for an adopted child to gain any benefits from under immigration (inc derivative benefits on a nonimmigrant category), the child has to have a full and final adoption before age 16, and the completion of 24 months of legal and physical custody with the adoptive parents. At this time, your granddaughter is not a "child" under the Immigration and Nationality Act, as the beneficiary of a guardianship, and therefore will not be issued an R-2.

Your granddaughter will need a B-2, under a humanitarian basis, which is valid in 6 months increments (and can be extended as needed). That can be applied for once you are approved for your R-1s. It is not a guarantee, but is the only option she will have to accompany you."

[Suzie, FRG Adviser]

Hi, I understand as SG's we can only remove our granddaughter out of the country for 90 days per year. I have just been offered a job in the USA for 5 years on an R1 Visa. 4 Questions:

1) Anyone been here and might know our status with US immigration? We are SGO's and the child is not adopted, natural, step, etc. etc. In other words, there appears to be no 'child criteria' for SGO's with fill Order for all of minor years!
2) How do I approach the court to get more than 90 days. IE remove child from their jurisdiction.
3) We shall be coming back at least twice per year and will ensure contact begins & continues, but this is going to freak the parent who will not comply, but this is a great job opportunity.
4) As she is a cared-for child, might we lose our SGO finances if we are out of the country for a period of time?

Can anyone help?

Dear Rathbone

Welcome to the family and friends discussion board.

My name is Suzie, online adviser at Family Rights Group. I see from your post that you are concerned about how you will be able to take your granddaughter out of the jurisdiction for employment purposes.

I am not in a position to advice on the status you may have in America as that does not fall within our remit. You have subsequently posted to say that you have been advised that your granddaughter would not be treated as a dependent. This seems odd since you have parental responsibility for her. Perhaps you could ask the court to consider a mirror order or something similar depending on what the requirements are in America.

You have had advice from other posters regarding the possibilities and it maybe that you will need further advice from a person specialising in immigration matters relating to the USA.

In order to remove a child from the jurisdiction of England and Wales, you will need to make an application to the court for permission to remove the child. The child’s parent pr parents with parental responsibility will be able to oppose the application if they choose to do so. The final decision will be for the court to make and this will be on the basis of what is best for the child.

You will need to provide the court with full details of where the child will live, schooling, how contact will take place as well as information about the proposed employment.

As you care for your granddaughter under a special guardianship order (SGO), she is not a looked after child any longer. She may have been prior to the SGO being made. Children’s services do not have parental responsibility only you as special guardian, the mother and father if he also has parental responsibility. You will no doubt be aware that you can exercise your parental responsibility over and above the other person or persons with parental responsibility.

Please read our advice sheet Special Guardianship: what does it mean for birth parents?

The special guardianship allowance is paid to meet the child’s needs and even if she is abroad she will continue to have those needs. However, this is something you would have to find out from the local authority that pays the special guardianship allowance. I do not think you will lose the allowance. If you were able to go under an order for removal from the jurisdiction, then the local authority is likely carry out periodic checks to ensure that this payment is still needed or if anything has changed.

An application to the court for removal from the jurisdiction would be a private law matter and you may find it helpful to contact Child Law Advice on 0300 330 5480 as they provide advice in England where a person does not have a solicitor representing them.

Hope this helps.

Best wishes

Suzie

[Rathbone]

Thanks Suzie - Super Advice.