As a direct access immigration barrister with over 25 years’ experience dealing with the Home Office, I am disturbed by the The Observer’s investigation which has uncovered a disturbing pattern of the Home Office systematically denying visas for young children to join their mothers in the UK, despite ample evidence establishing the mothers as the primary caregivers. Described as an opaque and discriminatory policy, the government has rejected numerous visa applications for children of migrant single mothers, many of whom work in critical sectors like the NHS or social care. The rejection reasons often cite the absence of “compelling reasons” to grant the visas.
These mothers, hailing from countries such as Zimbabwe, Zambia, Kenya, South Africa, and India, left their children, some as young as two, in the care of relatives or friends temporarily. Assured by their employers that their children could follow them, they faced rejection when applying for the children’s visas. The refusal letters, seen by The Observer, questioned why the children couldn’t permanently stay with their grandparents or other relatives. In some instances, the Home Office suggested that the children could live with their fathers, disregarding situations where mothers had sole custody or fathers had not been involved in the children’s lives for years. The letters often concluded with a statement placing responsibility on the mothers for the decision to move to the UK.
These cases have come to light amid the government’s recent announcement of plans to restrict immigration by placing limitations on dependents of migrant healthcare workers. However, even before these rules take effect, numerous applications are being discreetly rejected. The Observer has identified 10 cases and been made aware of 140 more, all involving single mothers whose children’s visas were denied in the past 18 months. The rejection of these applications does not stem from doubts about their legitimacy or the mothers’ status as primary caregivers, but on the Home Office rule stating that a child can only be granted a visa if both parents reside in the UK unless the parent in the UK has “sole responsibility.” This policy places a burden on single parents to not only prove sole custody but also demonstrate the absence of the other parent’s involvement in the child’s upbringing, a challenging task according to experts.
The Women of Zimbabwe project decried the refusals as “absolutely appalling.” Patricia Chinyoka, the project’s chief executive, highlighted the significant sacrifices these women have made, only to face such challenges upon arrival in the UK.Sairah Javed, a solicitor at the Joint Council for the Welfare of Immigrants, noted a recent surge in refusals through the helpline run by the organization and Unison trade union. Liberal Democrat peer Sally Hamwee, chair of the justice and home affairs committee in the Lords, called for a revision of the policy, stating that it fails to recognise the dynamics of families in the 21st century and inflicts immense distress on adults and children.
In response, the Home Office stated that it cannot comment on individual cases but emphasised that the sole responsibility rule aligns with long-term government policy. The statement asserted that all visa applications are carefully considered on individual merits in accordance with immigration rules. As these cases continue to unfold, the debate over the humane treatment of migrant single mothers and their children remains at the forefront of immigration policy discussions in the UK.
If you have an immigration problems, please contact Paul Turner, an experienced direct access immigration barrister at Imperium Chambers, on 020 7242 3488. Paul has over 25 years’ experience in the field of immigration and would be delighted to assist with any visa or settlement, or any type of immigration issue you have.
