https://arab.news/wkpkf
- As Muslims, the couple had never lived together, and so their marriage was not deemed ‘durable’
- ‘I feel broken. We have tried our best to be together, but I don’t know what else we can do’
LONDON: A married couple have spoken of their “shock” at the UK Home Office which will bar them from being together for the birth of their first child, due within days.
London-based Italian citizen Farzana Miah, 23, and Mohammed Mushraf, 27, met and married while they were both studying in the UK.
Their first child is due March 28 — but they will not be able to be together for it.
Mushraf has applied for indefinite leave to remain in the UK because he is married to someone with EU settled status.
He is in possession of documents allowing him to work, study and rent a property in the UK while his application is being considered. Those documents also state that he can “travel in and out of the country without having to prove your status as your information will be checked automatically.”
Knowing that, the couple traveled to India to visit Mushraf’s family before the baby was born. But when Mushraf tried to board a plane back to the UK with his wife, immigration officials told him that he did not have relevant documentation allowing him back into Britain.
Officials said the certificate of application was not sufficient. Miah had to return to the UK alone.
In February, he was denied his application to live in the UK — the Home Office said he had failed to provide sufficient evidence that he was a “durable partner” of his wife.
Usually, this evidence consists of both of the couple’s names on utility bills or rental agreements. However, as practicing Muslims, the two had not cohabited in advance of their marriage.
Miah to the Guardian: “We are in a state of shock.
“Had it not been for what was stated on the Home Office certificate of application about having the right to travel, we never would have traveled to India. I have begged the Home Office to let my husband be with me for the birth of my baby, but I don’t think we can melt their heart.”
The couple’s lawyer, Naga Kandiah, has lodged an urgent appeal that he hopes can be heard before the baby is born.
Kandiah said: “This is a prime example of someone who was misled by the wording of their certificate. It has resulted in the separation of this family at, arguably, one of the most critical times in their lives, the birth of their first child.”
Speaking from India, father-to-be Mushraf said: “I feel broken. We have tried our best to be together, but I don’t know what else we can do. I want to be in the delivery room with my wife to support her but I’m helpless because of the Home Office.”
A Home Office spokesperson said: “In line with the (Brexit) withdrawal agreement, someone applying to stay in the UK as a durable partner of an EU citizen will generally need to prove, with evidence, the relationship was durable by Dec. 31, 2020 and is ongoing. Where an application is denied, the applicant has 14 days from date of decision to submit an appeal, or 28 if outside the UK.”