07:53, April 20 347 0 theguardian.com

2019-04-20 07:53:05
UK-born baby of parents with right to remain given six-month tourist stamp

A baby born in the UK to two parents who have indefinite leave to remain in Britain has been denied the right to live in the country in what a human rights lawyer has described as a potentially unlawful move.

Dr Charles Kriel, a US national and special adviser to a parliamentary select committee, said he was returning to the UK from a holiday in Florida with his fiancee, Katharina Viken, and their baby daughter was denied entry. The child was eventually given a six-month tourist stamp to enter the country.

“An incredibly unwelcome entry to the UK today, as I was informed my 15-week-old London-born baby does not have the right to reside in the UK despite a Norwegian mother and father with indefinite leave. That’s not what anyone should expect when returning home,” he said on Twitter.

He added: “She was given a six-month tourist stamp. If the UK wants to lose its best people, it should just keep doing what it’s doing.”

The human rights lawyer Shoaib Khan said the family had been treated appallingly. He also questioned the legality of the decision.

“Born to a parent with indefinite leave to remain in the UK, this baby was British by birth. The Home Office has essentially granted a three-month-old British baby a ‘tourist’ visa as a condition of entry to the UK. The mother has also been in the UK for a decade as an EEA national and so will most likely have the right to reside here permanently. The baby should be British for that reason too. It is therefore hard to see any legal justification for this decision.”

Khan said it appeared to be a matter of immigration officers not knowing the law and just “following orders to make lives as difficult as possible for anyone who does not have a British passport”.

He added: “The Home Office continues to treat extremely vulnerable people in a completely unacceptable way. Clearly Windrush and other scandals have taught the Home Office nothing.”

UK citizens are required to have indefinite leave to remain, unless their parentage automatically grants them such. All EEA citizens resident in the UK and their family members can apply to the EU settlement scheme to obtain the UK immigration status they will require in order to live and work in the UK after 30 June 2021.

A Home Office spokesperson said: “We do not routinely comment on individual cases.”