After a six-year battle against the UK Home Office, Susita Balasubranamiamm, a 66-year old grandmother, has won he right to remain in Britain with her family.

Susita Balasubranamiamm was threatened with deportation after her husband Shanmugham, aged 74, retired from his job and was no longer able to meet the required income threshold for her visa.

In appealing the Home Office’s decision, the couple highlighted that Shanmugham had saved a significant amount to support each other through his pension and personal savings, as well as the financial support of their children. However, the Home Office maintained that a visa sponsor must show an employment income of £18,600.

“My husband worked for decades in the UK, has a pension and our children and grandchildren are all settled and financially responsible, yet because of my husband retiring by the time I had to renew my visa and the inflexibility of the rules I had to spend years fighting to get justice so I could peacefully enjoy the rest of my life” Susita Balasubranamiamm told the Independent.

The Court of Appeal’s decision follows two prior unsuccessful appeals against the Home Office’s decision.

“During this time I felt I was being punished because my husband had to retire, but with the help of my lawyer, I finally got the justice I had always felt strongly in my heart. My lawyer was an incredible support for me, not only taking my case to the Court of Appeal to fight, but keeping me comforted and motivated day or night whenever I felt like I was losing hope” she further told the Independent.

“I am not well. I feel I can’t go back. My whole family is here – my husband, children, and grandchildren. No one is there. I won’t have anyone there to take care of me there.”

Speaking on the Home Office’s decision, her lawyer Naga Kandiah highlighted several issues with the Home Office’s decision:

“At such an age, it is understandable that one would like to live a stress-free life and in light of the circumstances that the applicant has grown children who are settled in the UK and can support their parents, this raises illogical barriers by segregating elderly parents from their families in times when they require this the most”.

Kandiah added:

“If sent back to Sri Lanka, the unreasonable expectation upon an elderly lady to financially support and fend for herself without her family, is certainly a blind spot for the Home Office in making such a decision”.

Balasubranamiamm also told the Independent:  

“I am not well. I feel I can’t go back. My whole family is here – my husband, children, and grandchildren. No one is there. I won’t have anyone there to take care of me there.”

Her husband was initially granted refugee status by the Home Office in 1994 after fleeing persecution for being part of the Tamil ethnic group. Their four children joined him in the years that followed and were also given refugee status. Ms Balasubranamiamm joined them in 2014 on a spouse visa.

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