By Amie Smart –
Home Office officials told a British woman stranded in Jamaica with her baby that the child could not be brought to the UK since he has an “established life” in the Caribbean.
Tiffany Ellis, 28, has been living in the UK since she was eight, but ever since she gave birth to her second child, Xien Ellis, in Jamaica on 30 April last year, her efforts to return to the UK have failed.
Efforts to limit immigration numbers are believed tp be the reason for rejecting her application for a visa, but no compelling reason has bene provided for refusing her entry into the Uk.
Analysts examining the case have speculated that it could be because her new born child does not have an automatic right to reside in the Uk since she was born in Jamaica, even though her mother has an indefinite stay to remain in Britain.
A child born in Britain to a parent with some form of settled status can also qualify for citizenship once they apply.
Settled status can be either Indefinite Leave to Remain (ILR) or EEA Permanent residence. If this is the case, a child is not automatically granted UK citizenship – you must register them for it after their birth. Once the child is born abroad, their rights become even more difficult.
Tiffany became pregnant in September 2020, but was confined to her house due to severe nausea (hyperemesis gravidarum) .
A booked flight for the Uk was in vain after Xien’s visa application was rejected by the Home Office on 22 December, leaving the family feeling disconcerted.
The family’s troubling story, first reported by The Guardian, reveals the extent of their plight .
The young child is currently in need of medical treatment due to a type kidney disease that is only available in the UK.
Mrs Ellis has indefinite leave status according to the UK’s current law and visa application from outside of the UK state.
According to the present immigration rules, a child may not need a family visa if at least one of your parents has indefinite leave to remain or proof of permanent residence, but it doesn’t address the situation of a child born abroad to parents who only have indefinite leave to remain in the Uk
And if under age 18, you might still be eligible to apply if there
are serious reasons to let you come to, or stay in the UK and
there are plans for your care.
Mrs Ellis has also explained, “Xien tries to hug his dad on the screen
when we do video calls. I just want to get Xien home before his health worsens.”
The Home Office says the baby’s visa application was declined because the government must maintain an effective immigration and border control system, and it will not have “unjustifiably harsh consequences”.
When questioned, the home office further commented on the delay of the review of the application from May 2022 on basis, “ Due to the current humanitarian crisis in Ukraine we are currently focusing cases such as this right now”.
Zarren Ellis 38, Tiffany’s husband, and Xianna Ellis their older daughter, are at the family’s home in London hoping to be reunited with both mum and baby
The refusal by the Home Office to let Tiffany and her family bring the baby to the UK has left Tiffany and her family particularly distraught.
Devastated mum Tiffany explains “There’s not a day goes by that I don’t cry about this,” “My husband is my rock and he’s holding everything together.
The whole situation is so heart breaking. How can I explain this
to my daughter? She thinks I’ve abandoned her. I’ve never been apart from her before. Karen Doyle, of Movement For Justice, who supports the family, said: “This case highlights the casual callousness of the Home Office.”
The Home office announced its decision to review the case in May, but is yet to state when it will announce its final decision.
When The Eye Of Media.Com probed the The Home Office as to when it would make its decision on whether to grant the child citizenship, a spokesperson said the Home Office is currently prioritizing multiple applications from Ukraine due to the Ukraine war.