Help needed regarding step son please help!

[elizabethsmum]

Hello, I am writing to you to get some advice regarding my step son who is 9.

A Little back ground, I have been married to My husband for nearly 7 years and in that time we have had physical custody (in the USA) of X and have been the main care givers for him we have supported him and raised him. We have a great relation ship with X Biological mother and we do co parent although she is still in the US. We relocated back to the UK( I lived in the states for 6 years) in April of last year (2007) X stayed with his mother at this time ( she wanted to try having X with her and he also wanted to stay with her) We came here and stared to build our life. In June my husband flew to the States to bring X over for the summer he stayed for two months, after X returned to the States in August his mother lost her Job and unfortunately it became apparent that it was best for X that he come to the UK until his mother got back on her feet. My husband flew over again to collect X and bought him back January the 11Th of this year, we were trying to give X mum the chance to get back on her feet...This has not happened and she is still unemployed and is financially unable to care for X. We have had X enrolled In local school here and he has settled in wonderfully and enjoys being here with his sister (my biological daugether ) Obviously it is coming to the end of X,S 6 month Visa but we need to know how he can stay with us? My husband has a 10 year settlement visa (ILR) and I am a UK citizen. I have a stable job and my husband manages a small retail food shop. We dont want to get in any trouble for keeping x here longer than his visa but for Jx best interest we are unable to send him back. How do we go about this? x mum is she is willing to send any written paper work needed and she is available to speak to on the telephone.

Please help we need to keep our family together.

I look forward to your reply.

K

[vinny]

I think that he has to return and apply for a child settlement visa. See also 14.5 - "Sole responsibility" and [2006] UKAIT 00049 TD (Paragraph 297(i)(e): "sole responsibility") Yemen.

There may be complications for a normal visitor being in a local school.

As a result of this new category, Paragraph 41 of the Visitor Rules has been changed so that visitors are no longer allowed to undertake a course of study in the UK.

[elizabethsmum]

Thanks for your reply, Is there any way to do this in the UK? I dont want to unsettle Jacob any more than we have to and going back will deffinatly so this.

[vinny]

It may be possible. See also Chapter 8 - Family members > Section 5A - Children and ANNEX > M for further details.

[sakura]

How/why does your husband have a 10 year settlement visa?? Or do you mean he has ILE?

Also - there is no need to use real names (I assume) on the message board - for your own security, etc. You need not give out such details like names.

Just my thought.

[Administrator]

.

I second sakura's caution: we do not advise people to publish personal details that can identify them. It is your own choice, but the Internets is a big, dangerous place ... best to be cautious.


I realize you are in a difficult situation, but what is the long-term strategy?

If your stepson will stay in the UK for several years (at least), it might be worth having his custody officially transferred to his father and yourself. Have the U.S. provide a declaration or court order that grants custody to the father and makes the two of you his official, primary guardians.

This will allow him to come into the UK with greatly reduced hassle. As a U.S. citizen, he can visit the U.S. at whim.

About the time he turns 16 ... which is frighteningly soon enough ... he can start exercising his independent decisions about his own residency & citizenship. All of you, his mom included, can help him enormously by helping him to understand his situation and his possibilities.

Under the situation I just outlined, he will have vastly expanded opportunities to choose universities in the U.S. and/or throughout Europe, as well as have vastly expanded career options throughout both, broad regions.

By the time he is 18 or 20, he will have more options than about 99% of all humanity.

the Admin

[jei2]

From the information you have given your husband would not meet the sole responsibility rule.

If the biological mother agrees, a custody order is definitely the way forward.