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'Uncaring and unreasonable' Home Office slammed by Ross, Skye and Lochaber MP Ian Blackford over Beauly couple's immigration saga


By Scott Maclennan

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Elizabeth and Philip Gellatly. Picture: Callum Mackay
Elizabeth and Philip Gellatly. Picture: Callum Mackay

AN elderly woman from Beauly faces having to travel to Canada alone after UK immigration officials ruled she had to file a visa request from her home country.

Elizabeth Gellatly (73) and husband Philip (69) married in Grantown in 2015 after living together since 2012. They moved to Mrs Gellatly’s native Canada in 2016 but returned to Scotland last year and settled in Beauly when Mr Gellatly became ill.

They had assumed that, as a married couple, there would be no issues with citizenship, but now Mrs Gellatly has been informed that she will have to apply for a spouse visa – and will have to do that from Canada.

As Mr Gellatly is too ill to travel she will have to make the trip alone, a situation she said would be difficult not just because of her age but also due to the fact that she suffers from attention deficit hyperactivity disorder (ADHD).

“Since I found out about this, it has been my main thought and it has affected everything 24/7,” she said. “It is very, very upsetting.

“It is my first thought when I wake up in the morning and it is my last thought before I try and get some sleep at night.”

Mr Gellatly said the news that his wife – who has Scottish and English ancestry – would only get leave to remain in Scotland for three months without the spouse visa had left them feeling like second-class citizens.

“I was convinced that, as a man in my own country, our marriage would supersede all visa requirements,” he said. “When I was a merchant seaman for more than 30 years all sorts of men would take their wives home from abroad.”

Highland MP Ian Blackford has taken up the couple’s case.

“The UK immigration system is broken and, increasingly, the Home Office response to cases such as this is uncaring, unreasonable and lacking in common sense,” he said.

“Current policies are restrictive and unhelpful and do not allow staff to deal quickly and efficiently with cases such as that of Mr and Mrs Gellatly.

“There is no clear reason why this elderly lady should not be allowed to remain in her home in Scotland while she applies for a spouse visa.

“To require her to travel to Canada to submit this paperwork – with all the stress and uncertainty this entails – is uncaring and unnecessary given this couple’s situation, and is a high price to pay for a genuine lack of understanding of immigration law. I very much hope that common sense and compassion will prevail so that this couple can get on with their lives, without further worry or stress.”

A Home Office spokesman said: “All visa applications are considered on their individual merits, on the basis of the evidence available, and in line with immigration rules.”

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