In a report for The Guardian, a 67-year-old blind pensioner known as Comfort has been informed by the Home Office that she could return to India for medical treatment, despite never having visited the country.
The Nigerian national, who arrived in the UK in 2000 and developed acute glaucoma shortly thereafter, now faces a potential 20-year wait for indefinite leave to remain under new immigration rules.
Comfort was granted leave to remain in 2022 under long residence rules after living in the UK for two decades. Under the previous framework, these residents were required to renew their visas every 30 months for a 10-year period before becoming eligible for settlement.
After Shabana Mahmood's announcement this week, the required waiting period has increased. Comfort now faces the prospect of renewing her visa until she is in her 80s to qualify for indefinite leave to remain.
Lawyers at Refugee and Migrant Justice applied for a fast-track to indefinite leave to remain, citing the applicant’s age and disability. The Home Office rejected the request. In its refusal letter, the department suggested she could return to Nigeria for care, while also stating: “Your circumstances are not so severe or lacking in potential treatment in India that it would warrant indefinite leave to remain in this case.”
“I don’t know why the Home Office said I could go back to India. It’s a country I have never visited and have no connection with,”
Comfort said.
She said that she has lived in the UK for 26 years, is involved in voluntary work, and participates in her local church.
Data obtained by Refugee and Migrant Justice through a Freedom of Information request indicates that the new settlement timelines affect numerous elderly applicants. The records include a 103-year-old woman from Pakistan who would not be eligible for settlement until she reaches 123.
“Rather than viewing these vulnerable people as human beings, the government is fixated on appearing tough,”
said Nick Beales, head of campaigning at Refugee and Migrant Justice.
“Shabana Mahmood’s plans to double settlement routes will clearly make these problems even worse, especially as her decision-makers cannot even differentiate between India and Nigeria.”
Home Office sources said that corrective action is underway to issue an updated letter to the applicant. A spokesperson for the department declined to comment on the specifics of the case, stating: “All applications for permission to stay in the UK are carefully considered on their individual merits, in line with the immigration rules and based on the information and evidence provided by the applicant.”