A two-year-old toddler is facing deportation in the UK even though both her parents have British passports.
Lindsey Dutton, the mother, who is originally from South Africa but now lives in Wales has said that her daughter, Lucy’s, child visitor visa expired in February and the Home Office refused to extend it.
Lindsey and Lucy’s father, Gavin (who are now separated) were both born in South Africa and both have British citizenship through their parents. However, this privilege does not extend to their daughter Lucy who was born in Johannesburg due to the fact that citizenship only extends one generation which means that young Lucy does not get the automatic right to remain in the UK.
The Home Office refused the application to extend young Lucy’s child visa stating in a letter that Lucy has not remained in the UK for 7-years. The letter also stated that the 2-year-old had 14 days to leave the UK and return to South Africa unless an appeal was submitted. Due to the rejection by the Home Office, mother Lindsey must now find an extra £3000 to fund an appeal and is relying on donations. A Home Office official has stated in relation to the case that all applications are considered on the individual merits and on the basis of the evidence available.
Our Take on this Matter
If Lindsey and Lucy were our clients we would advise the following actions.
- A written detailed statement as to their intentions when Lindsey brought Lucy to the UK which also states why they wanted to stay and not return to South Africa.
- Confirmation that Lindsey and Gavin intend to stay in the UK and work and that their child is part and parcel of their family and has no one to return to in South Africa as her parents are settled here now.
- The fact that if the Home Office refuses Lucy permission to stay under Article 8 of the Human Rights Act, the right to family and private life, it would force her one or both of her parents who are British citizens and who have made a firm and final decision to remain in the UK, to leave the UK and return to South Africa which they clearly don’t want to do. Moreover, forcing British Citizens to leave their country of nationality is a breach of international law.
- To reaffirm that Lucy is too young and is at crucial age for bonding with her parents.
Our team of top immigration lawyers UK believe that Lucy has a strong case and should be granted leave to remain in the UK also because to send her back would not represent a proportionate act for the purpose of maintaining proper immigration control.
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