Thoughts....

So I've gotten into a bit of a debate on facebook over this article:
https://inews.co.uk/news/uk/man-deported-separated-wife-home-office-ill/?utm_source=fb&utm_medium=fb&utm_campaign=ijp&fbclid=IwAR2JcHVY6mIJkVfL1QXJIYB_2qawpHTRhW9bgOxBFo4a8pPtYYFi3TIRwZs

My thoughts are that he is being rightfully deported as he overstayed a visitor visa, and is trying to stay outside of visa rules.  This apparently makes me a "b*tch" and heartless as he is an old man and child-like.  How being 90 makes him child-like is beyond me....
Curious as to how others may feel who emigrated to the UK legally.

They are old enough to have known better and should have done things right from the beginning, but at 90 I would think the Home Office would have some compassion and allow him to regularise his status without travel if he is as unwell as they say. However compassion and HO are two things that tend not to go together. They have probably spent more in lawyers for appeals than they would have if they returned to the US for 2 months to apply in 2017.

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Taking any emotional tugs on the heartstrings out of it, him and his wife should have known to research moving to another country and what to do to be legal prior to moving in 2016.  No doubt.

I get that not everyone looks up this stuff in advance, but this is the consequence of not doing so.  Ignorance to the rules is not an excuse.

That being said, I feel for the guy.

Taking any emotional tugs on the heartstrings out of it, him and his wife should have known to research moving to another country and what to do to be legal prior to moving in 2016.  No doubt.

I get that not everyone looks up this stuff in advance, but this is the consequence of not doing so.  Ignorance to the rules is not an excuse.

That being said, I feel for the guy.

Like you, I feel sorry for the guy, but also like you, I feel that ignorance of the law doesn't make it okay and shouldn't allow you to skirt around the rules.  A work colleague posted the original article and when I mentioned that he did not follow immigration rules and that's why he was being deported, his response was "Rules are meant to be broken". Even still, if you get caught breaking the rules, there are consequences as this poor chap and his wife are finding out. 

I just don't see what purpose is served by putting this guy on a plane?  He's old and we should give old people a break.  I completely believe that a 90 year old needs to be near the person who cares for him.  Obviously they broke the law, but there's no reason for the government to be an a**hole about it. 

And I couldn't care less if they let him stay even though I have done all the work to stay here legitimately.  Giving some poor old man a break doesn't hurt me. 

"Rules are meant to be broken".   

That's sort of the attitude that got them into this mess. And why the rule have been tightened considerably over the pat decade (because so many people thought they should be exempt from the rule and the general populace was annoyed at the numbers of people coming into the UK in what they deemed 'illegitimate' ways.

He could go back to the US and apply for a spouse visa though, as long as he voluntarily leave and isn't actually deported.

I get it - it' a sh*t situation, but sometimes you have to help yourselves. Having moved countries before, I am sure they are aware that you need a visa to do so!! HO aren't the baddies here... Perhaps it would have been better had he been asked a few more questions about his plans upon entry to the UK in 2016...

Having moved countries before, I am sure they are aware that you need a visa to do so!!

Agreed.

Something about this seems very off to me, but I can't quite put my finger on what it is.  And I can't get over the fact his wife refuses to go with him. She's his caregiver there, but she can't go back to the US with him to provide care as he applies for the visa the right way? Then go back together?

Agreed.

Something about this seems very off to me, but I can't quite put my finger on what it is.  And I can't get over the fact his wife refuses to go with him. She's his caregiver there, but she can't go back to the US with him to provide care as he applies for the visa the right way? Then go back together?

I agree... it doesn't quite pass the smell test.  She is his caregiver, yet unable to travel with him.  That doesn't add up.

I realise they both look fairly healthy and certainly appear younger than their years but they are 85 and 90 years old! Everything is difficult at that age. What is just popping across the pond to you, would be a major ordeal for them.

My guess is they didn't realize exactly how much the visa rules had changed. Since the initial entry officer didn't ask enough questions they were let in, and they probably found a lawyer or called the helpline and they said of course you can apply in-country. My dad can't go on long drives without blood clots forming in his legs (for no known reason they've found yet), he certainly can't take a flight, but I have a feeling UKVI would still call him healthy. They are trying and paying the fees, as long as they meet all other requirements (just not applying from outside the country), I think given their ages the home office should use some discretion. They might not even use the internet very well and we know how difficult the visa info can be to navigate, and how bad lawyers can be. Articles like this pick and choose what to share so I'm sure we aren't getting the full story!

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They are trying and paying the fees, as long as they meet all other requirements (just not applying from outside the country), I think given their ages the home office should use some discretion.

That would be the very expensive 10 year route of four visas, four lots of IHS and they said they have no money.

“If he goes back to the States he would be left with absolutely nothing, with no family, no money.."

There was that case of the elderly SA citizen who had a daughter in the UK, admitted she intended to move to the UK when she applied for a visit and spent thousands on legal advice.  She said she had heart problems and could not return. The court let her stay but said she could not use the NHS bill free. Maybe that if he goes to court?

That would be the very expensive 10 year route of four visas, four lots of IHS and they said they have no money.

“If he goes back to the States he would be left with absolutely nothing, with no family, no money.."

There was that case of the elderly SA citizen who had a daughter in the UK, admitted she intended to move to the UK when she applied for a visit and spent thousands on legal advice.  She said she had heart problems and could not return. The court let her stay but said she could not use the NHS bill free. Maybe that if he goes to court?

He's 90 and in bad health. I don't think he has to worry about 4 visas. 2 at the most.

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He's 90 and in bad health. I don't think he has to worry about 4 visas. 2 at the most.

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My thoughts exactly.

And I would be shocked if he wasn't getting Social Security - which is awesome.  (I am so glad that I will qualify for SS as I paid in for a full 10 years.)

My thoughts exactly.

And I would be shocked if he wasn't getting Social Security - which is awesome.  (I am so glad that I will qualify for SS as I paid in for a full 10 years.)

If SS exists by then... but I digress.

Separating families is an immoral act.