THE Home Office environment for migrants has gone “from hostile to toxic” according to a leading Scottish immigration lawyer.
Usman Aslam, below, was speaking after a Pakistani family of four who have been living in Scotland since 2006, were all refused visa extensions except their youngest daughter – identical circumstances to their last brush with the department in April 2021, when the Home Office backed down.
On that occasion the Saleem family – Muhammad Saleem, 67, his wife Razia, 65, daughters Fatima and Saira, aged 33 and 29 respectively – had spent four years in limbo at their home in Dumfries after their former lawyer was late submitting their application for indefinite leave to remain (LTR).
However, they were granted LTR after Aslam (below) took their case and this newspaper reported exclusively on the family’s battle with the Home Office.
Since then, they have paid out thousands of pounds in fees for extensions of their LTR. This latest refusal also meant their father could not travel to Pakistan for his brother’s funeral last week for fear that he would not be allowed back into the UK.
Saira is in her second year of a BA in Humanities and Social Sciences at Glasgow University, where she intends to specialise in psychology.
She told The Sunday National how her life was turned upside down: “We thought it was settled and this was just an extension we have to do every three-and-a-half years, but they only granted my family one visa for six months.
“Then they had to submit an application for an extension for further leave to remain, and they did so and paid almost £10,000 for the proceedings over their applications. I also submitted mine just a wee bit after them and again, they granted me and refused my mum, sister and father in October.”
Saira said the reasons given were same as for previous refusals – that her other family members did not qualify for LTR.
“There were no allegations against the family and they were granted their visa but refused an extension which was a big shock to us. We never expected that and it took a year for them to get back to us.”
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She broke down as she told us the Home Office refusals had affected all the family: “My uncle passed last week and everybody was really upset and my dad couldn’t go to his brother’s funeral in case he wasn’t allowed back into the UK.
“I was really down mentally as well because of news was affecting my health. In my studies I’ve also taken lots of extensions, then I was on treatment for depression and I’m on medicine for anxiety as well.”
Aslam, from the Glasgow firm Mukhtar & Co, said that in his nearly 10 years of experience, the family’s case was among the most bizarre sets of circumstances he had come across.
He said: “As this case is now at the appeal stage, my comments are strictly limited, but I am not alone when I say that the environment at the Home Office has gone from hostile to toxic. I speak to various solicitors every day who are just as concerned as I am.
“What I can safely say is that the Home Office made a serious accusation against Mr Saleem, and which the judge found against the Home Office.
“They granted [LTR to] one member of the family as she fell within one of the rules, but refused the others despite them having lived together for nearly 30 years, 16 of those in Dumfries and Galloway.
“They had an opportunity to remove the family but instead granted them a visa. Over £8000 has been paid from the family’s own pocket in Home Office fees, however they have been refused again.”
Aslam said the local community in Dumfries had come forward to confirm the family had integrated very well, a point also noted by their Tory MP Alister Jack – who wrote a letter of support to the Home Office – and SNP MSP Emma Harper.
Aslam added: “The family are self-sufficient, speak English and consider Scotland to be their home. Mr Saleem and his daughters all work and one is also studying. How could it possibly serve any interest to remove them?
“Had they been granted LTR, Mr Saleem could have made a short visit to be at his brother’s funeral. This is tragic.”
“We are hoping to achieve a positive result for the family, again.”
A Home Office spokesperson said: “All visa applications are carefully considered on their individual merits, on the basis of the evidence provided and in accordance with the immigration rules.”
Jack did not respond to our request for comment.
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