AN American man living in the Highlands with his Scottish wife and Scots-born daughter will miss his son’s wedding in the US because the Home Office has confiscated his passport as he appeals against their refusal to grant him a settlement visa.
And Scott Johnson fears his battle to secure the visa could become a “never-ending story”.
He told The National that his son Alex, 23, will tie the knot in North Carolina in 10 days’ time – a week before he joins the US armed forces.
“It’s a big family event, a big life event for a parent to miss,” he said.
“Alex had read The National’s previous story because it went on to Facebook and was shared and my family got a hold of it in the States.
“My mother commented on it and then Alex sent a message to me. He was really surprised that I didn’t have my visa and I had to tell him I just didn’t know when I was likely to get it.”
“It’s like a never-ending story and I don’t know how long I can cope emotionally with all of this.”
Scott met his wife Nicola when they both worked at Hillside School in Aberdour, Fife and two years later – in 2007 – they were married in Dunfermline. Lauryn, their daughter, was born at Raigmore Hospital, Inverness the following year.
The couple – who live at Edderton, near Tain, in Ross-shire – returned to work teaching in Pakistan and came back to Scotland with Lauryn in May last year.
Hours after his arrival in Glasgow, Scott suffered a heart attack and after recovering at Raigmore, he applied to the Home Office for a settlement visa, which was rejected early this year.
“In January, before I got this rejection letter. I thought it was a no brainer that would qualify for a visa and didn’t think I’d be missing my son’s wedding in August,” he said.
“Every day I think about him going down the aisle with his bride and me not being there and I know that time will come and go, but right now it’s hard to swallow.
“I look at all this, what the Brain family are going through and there doesn’t seem to be any continuity.
“I know one thing – I will not be the man in the electric chair waiting for a stay of execution from the governor at the eleventh hour. That wouldn’t be good for Lauryn or Nicola or us as a family.”
It could be a year or more before Scott’s appeal is heard because of a huge backlog of rejections from UK Visas and Immigration.
The family’s MP Dr Paul Monaghan has taken up the case with the department, but a response he received yesterday said there was no basis in law for them to reconsider their decision.
In the letter, Derek Thomson, an assistant account manager, dismissed Scott’s heart attack: “Mr Johnson had been in the UK as a visitor which is not a route for settlement, and whilst it was acknowledged that he had sustained a heart attack during this period, it is widely accepted that the USA has a healthcare system through which access to further cardiology care is available if required.
“Mr Johnson’s condition is thankfully not deemed critical, therefore, it is possible for him to return to the USA and apply for the correct entry clearance which is applicable to his circumstances. Alternatively, Mr Johnson and his family may wish to apply to settle with him in the USA.”
He added that as his application was refused with the right of appeal “it is proper that he should challenge our decision via this method”.
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