Home Office admits Volha Merry deportation 'error'

The Home Office has admitted that officials got it wrong when they threatened to deport a woman from North Lanarkshire.

Volha Merry, from Coatbridge, was told last month she could be sent back back to Belarus if she did not leave the UK.

The threat of immediate expulsion was later lifted - and now an immigration minister has admitted the deportation notice was issued in "error".

Her case will now be reviewed to check if she has a valid case for residency.

Volha, also known as Olya, married Scot Derek Merry in Belarus five years ago and they have a two-year-old daughter.

The couple have fought a long battle with the Home Office over Volha's residency status.

The Merry family faced the prospect of being broken up by a deportation order

As Belarus is not in the European Economic Area (EEA), they tried moving to Ireland to establish themselves as EEA residents, which would have provided a route for Volha to be entitled to a UK residence card.

Under the rules they were required to make Ireland their "centre of life" for at least three months.

While in Ireland, Volha became pregnant and the couple returned to Scotland where Volha gave birth to daughter Milana in 2016.

Early last month, Volha received the news that she faced deportation and was told to report to an immigration centre on 18 April.

The case was taken up by a number of politicians including Scottish government External Affairs Secretary Fiona Hyslop and Coatbridge Labour MP Hugh Gaffney who urged former Home Secretary Amber Rudd to look into the case "as a matter or urgency".

Family 'relieved'

Immigration Minister Caroline Nokes has now written to Mr Gaffney, saying the notice was issued in error and apologising for the mistake.

The letter said: "Mrs Merry was served with an enforcement notice advising her of her liability to removal from the UK on 4 April

"The Home Office apologise for issuing this notice in error; it will now be withdrawn and the reporting conditions set upon Mrs Merry will be cancelled."

The letter said the Home Office would now assess whether Volha holds any automatic residency rights under EEA regulations, or any valid claims under the European Convention of Human Rights.

Local MP Hugh Gaffney took up the family's case with the Home Office

Volha told the BBC's Good Morning Scotland programme she was in a state of "utter shock" when the Home Office admitted the error.

She said: "We were living our life in a nightmare because I was expecting to be deported.

"Obviously, after having been issued with an apology, it made me feel relieved. But, at the same time, the problem is still not resolved.

"At the moment they are just reviewing my case again to see if I am eligible for a residency card or if I can have some rights to have a family life in the UK."

Her husband Derek added: "We're very pleased, but the whole residence thing is still being reviewed. They're sticking to their guns that she shouldn't get her residency card.

"So we are relieved, but we still have a lot to do to get her status sorted out."

MP Hugh Gaffney said the whole affair indicated something was "rotten" in the Home Office.

'Humane policy'

He said: "The important thing is that this Coatbridge family will not be broken up, however, this error suggests a horrifying level of either incompetence or indifference in the Home Office.

"This family chose to make Coatbridge their home. While it is wonderful news that they will remain together, something is clearly rotten in the Home Office.

"I have tabled questions to the immigration minister asking for a review to be conducted on how many of these bogus notices have been issued.

"Sajid Javid clearly has his work cut out changing the culture of the Home Office - a culture of fear and hostility created by the prime minister."

External Affairs Fiona Hyslop said: "I am pleased that this error has been rectified by the Home Office and that the Merry family is no longer facing separation as a result of the UK's immigration rules.

"Alongside raising this case with the former Home Secretary Amber Rudd, I and the Scottish government have consistently opposed the UK government's restrictions to family migration, questioning the changes to UK family migration policy.

"I have written to the new Home Secretary Sajid Javid urging the Home Office to adopt a fair and humane immigration policy that welcomes and celebrates people who are here legally, people who have come in the past or who are looking to come and contribute to our community and our economy."

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