Home Office U-turn lets woman stay in UK with husband and son
A woman faced with the prospect of deportation and separation from her husband and 10-year-old son is rejoicing following a reversal by the Home Office, allowing them to remain together in the UK.
Malwattege Peiris had previously been instructed by the Home Office to leave the country, despite a court ruling affirming the family’s right to reside together in the UK. Expressing their elation, Peiris remarked, “We are overjoyed to have received this letter from the Home Office today, reversing their decision and permitting our family to stay together. As our son approaches his 11th birthday, we will be celebrating doubly.”
Peiris’s husband, Sumith Kodagoda Ranasinghage, an Italian citizen, had been granted pre-settled status under the EU settlement scheme in 2020. Peiris, who held Italian residency, and their son Kevin, also an Italian citizen, applied to join him under the EUSS family permit scheme.
However, their application encountered delays due to the pandemic, and in April 2022, the Home Office refused it citing a lack of supporting evidence of their familial relationship.
The family pursued an appeal to the immigration court, where a judge ruled in July 2022 that the family’s bond was genuine, affirming their right to live together in the UK. Despite this ruling, the Home Office continued to resist, causing further distress to the family.
Following legal intervention by the family’s solicitor, Naga Kandiah of MTC Solicitors, challenging the Home Office’s failure to implement the tribunal’s decision, Peiris was eventually granted pre-settled status in a letter dated to Friday.
Kandiah applauded the move but criticized the Home Office for its initial refusal to grant Peiris permission to remain in the UK. He remarked, “This case highlights the Home Office’s misapplication of the law and its failure to adhere to tribunal decisions, resulting in undue hardship for the family.”
The Home Office declined to comment on individual cases, as is their standard practice.
