Divorce, Custody and Stepchildren: Complex Families in Grenada CBI

Investor citizenship forms assume a tidy household: a married couple and their children, all sharing the same surname and address. Real families rarely look like that. Children from previous marriages, parents who live in different countries, a child adopted abroad, a separation during processing: each of these raises questions that a standard checklist does not answer.

Grenada's programme can accommodate most of them, but only if the legal relationships are documented properly. This article looks at the family situations that most often complicate a Citizenship by Investment file, the documents usually needed to resolve them, and the decisions families should make before the application is lodged. It describes general practice at the time of writing; specific cases need advice from a licensed local agent and, often, a family lawyer in the country where the court orders were made.

Children from a previous relationship

A child of the main applicant from an earlier marriage or relationship can be included as a dependant, as can a child of the spouse. The question is not eligibility but consent. Where the child is a minor and the other biological parent is alive and not part of the application, the IMA will generally expect evidence that the child can lawfully be included.

That evidence usually takes one of two forms. The first is written consent from the non-applying parent, typically a notarised declaration agreeing to the child acquiring Grenadian citizenship and a passport, with a copy of that parent's identity document. The second is a court order granting the applying parent sole custody or the authority to make such decisions. A death certificate is needed where the other parent has died.

Obtaining consent is easy when relations are good and painful when they are not. If the other parent refuses, a court order may be the only route, and that can take months in some jurisdictions. Families in that position should start the legal process before spending money on the citizenship application itself.

For adult children of a previous relationship, consent is not required, but the dependency test still applies, and the child's financial relationship with the main applicant must be shown rather than assumed.

Stepchildren and blended families

A stepchild is a child of the spouse. Stepchildren qualify through the spouse, so the spouse must be on the application and the marriage must be legally recognised.

Both sets of children on one file. A blended family can include the main applicant's children, the spouse's children and joint children together, each with their own birth certificate establishing the link.

Different surnames. Children with surnames different from the main applicant are common and not a problem in themselves, but every link must be traceable through certificates. A one-page family chart prepared by the agent helps reviewers follow it.

Dependency for adult stepchildren. An adult stepchild aged 18 to 29 must be dependent on the main applicant. Where the stepchild is supported partly by their other biological parent, explain the arrangement clearly.

Adoption, guardianship and informal care

Legally adopted children are treated as children of the adopting parent. The adoption order and the post-adoption birth certificate, apostilled or legalised, are the key documents. International adoptions sometimes involve more than one country's paperwork, and it is worth asking the agent early whether anything further is needed for Grenada to recognise the adoption.

Guardianship is different. A child for whom the applicant is legal guardian, such as a niece or nephew after the death of a parent, is not automatically a child of the applicant for programme purposes. Whether such a child can be included depends on the current regulations and IMA practice, and the honest answer is that it cannot be assumed. If the family intends to adopt formally, completing the adoption before filing is usually the cleaner path.

Informal care, where a relative's child has simply lived with the family for years, does not create eligibility. However close the bond, the programme follows legal relationships.

Separation and divorce during or after processing

Life does not pause for an application. Situations agents encounter include:

• Separation before approval. If a couple separates while the file is pending, the agent must be told. A spouse who no longer qualifies may need to be withdrawn, and the impact on fees, refunds and the children's inclusion must be worked out.
• Divorce after citizenship. A spouse who became a citizen as a dependant keeps that citizenship after divorce under the general principle that citizenship, once registered, is not tied to the marriage. Revocation is a separate legal process for specific grounds such as fraud.
• Children after divorce. Children who are citizens remain citizens. Travel and passport renewals for minors may then require both parents' cooperation or a court order, as in any country.
• Misrepresentation. A marriage entered into mainly to include someone in an application, or a separation hidden from the IMA, can lead to refusal or later revocation. Disclosure is the only safe course.

Preparing a complex family file

A sequence that avoids most surprises:

1. Draw a family tree showing every person you intend to include and the legal document that links each to the main applicant or spouse.
2. Identify every minor child whose other parent is not applying and decide whether consent or a court order is the realistic route.
3. Obtain consent declarations in the form your agent specifies, notarised and apostilled where required, with the consenting parent's identity document.
4. Collect custody orders, divorce decrees and death certificates, with certified translations where needed.
5. Check adoption and guardianship documents with the agent before filing.
6. Disclose any separation, pending divorce or custody dispute in writing to the agent, and agree how it will be presented.
7. Only then lodge the application and pay non-refundable due diligence fees.

Travelling with minors after citizenship

Once a child holds a Grenadian passport, the practical questions shift to travel. Many countries, and many airlines, expect a child travelling with only one parent to carry a consent letter from the other parent, sometimes with a copy of that parent's identity document. Families who needed consent for the application will often need it again, informally, at airports.

Passport renewals for minors are another point where the absent parent can reappear. Grenada's Immigration and Passport Office and its missions abroad generally expect parental consent for a minor's passport application, and a custody order may be needed where one parent is uncooperative. Keep certified copies of custody orders and consents with the child's certificate of registration, so they are available when the passport comes up for renewal.

If the family plans to spend time in Grenada, remember that a child's right to enter as a citizen depends on the Grenadian passport, not on the parent's status. Travel on that passport into Grenada, and keep the child's other passport, if any, valid for travel elsewhere.

Same-sex couples and other legal questions

Grenadian law does not provide for same-sex marriage, and the programme's definition of a spouse follows marriages legally recognised for its purposes. Couples in a same-sex marriage or civil partnership recognised elsewhere should obtain specific advice from a licensed agent about whether a partner can be included as a spouse before paying any fees. Do not rely on general statements, in either direction.

Polygamous marriages, marriages by proxy and customary marriages registered only with religious authorities raise similar questions of recognition. In each case the answer turns on documents and on how the IMA applies the regulations at the time, so get a written opinion first.

The common thread across all complex family situations is that the programme follows the legal paperwork, not the family's understanding of itself. Put the paperwork in order before filing, disclose everything, and confirm the current rules with the Investment Migration Agency through a licensed local agent.

Frequently asked questions