A FATHER has described his anguish as two of his grown-up children struggle to live and work in Scotland after being told by the Home Office that they have no right to be in the UK and must leave.
And Ben Power, who lives in Falkirk with wife Ann, says the injustice of the Windrush generation is simply the tip of a “very huge iceberg”. He is an Irish citizen of Scots-Irish descent, while his wife is a British citizen of Danish descent. Both are also Australian citizens.
“When our children were born in Australia where our extended family lived, we were only allowed one citizenship and Australian was the only one that ensured security of residence in the country,” he told The National.
“Nine years ago, my wife and I and our six well educated young folk returned to their roots in Europe, filled with hopes and dreams of a better life.”
He said the two eldest children – whom he is reluctant to identify while their cases are pending – relocated to the UK from Australia in 2010, when the Home Office recognised their right to live and work here as family members of an EU citizen.
Power said: “The Home Office has now threatened to deport my children because after joining me in the UK, they exercised those rights by getting a job and earning money.
“The Home Office says this means that my children are not considered my family members as they are no longer financially dependent on me and so don’t have a right to live in the UK and must leave voluntarily or face enforced removal.”
He said the pair were well educated and had careers in accountancy and teaching but had been denied the documentation required for permanent residence here.
“They are model citizens and exactly the type of incomers we need permanently in Scotland and the UK.
“Yet, according to the Home Office, if they had sat home doing nothing for five years they could stay. But because they chose not to throw away all those years of study and hard work and instead contribute to their society, they should be deported.
“Is that sane? That position is hostile, contradictory, nonsensical and runs counter to all assurances made by about fair, just and common sense safeguarding of the rights of EU citizens.”
Power said appeal process had taken 18 months so far after the original refusal decision was made in six months.
“This entire process has cost my family over £10,000 in legal fees to combat the Home Office hostile environment designed to wear down applicants and drive them to give up and remove themselves from the country, notwithstanding that they have legal rights.
“They can access and have done so, a certificate of application that covers any workplace employing them, but it is only ever for six months at a time, makes permanent employment applications embarrassing and puts them at a disadvantage.”
He added that two other sons would also be affected, both of whom work in education, with one also dealing with student legal issues and compliance over immigration.
“So even though they are all doing things legally and precisely, mistakes happen in employer application of the frightening for them Home office rules about it all. None of them want to be disadvantaged or discriminated over it all anymore. It is far easier for an employer to just dismiss or not consider an applicant than risk home office hostility.”
A Home Office spokesperson said: “We are unable to comment while legal proceedings are ongoing.”
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