Birth of son allows Australian woman to remain in UK

30 Sep 2015 | Posted by Carl Thomas

An Australian woman who is married to a British man has won the latest stage in her battle to remain in the UK with her husband and family.

Kathy Tate, 24, had faced deportation to Australia due to visa issues but she has been granted a reprieve by the authorities because her youngest son was born in Huddersfield. Nine-month-old Alfie joins the couple’s older boys, Oliver, four, and Harrison, two.

Mrs Tate feared being separated from husband Dale and their children when her UK visa expired and officials said she had to return to Australia to reapply. Although a court ruled in Mrs Tate’s favour in August, the Home Office took the case to an immigration tribunal.

However, because Alfie was born in the UK, Mrs Tate has now been granted a 30-month UK visa.

She told the Huddersfield Examiner: “When I got the letter back at first I thought I was on my way back to Australia but then on the third page, I read that since Alfie was born here it would be unlawful to split us up.

“He may only be a baby but he’s the one who has kept us together as a family.”

The couple have opened a restaurant in Slaithwaite, where Mrs Tate is now permitted to work. Previously, she was not allowed to work in the UK or open a bank account, and she said she felt as though her “life was on hold”.

Mrs Tate said: “We bought the restaurant which we have called La Cena, which is Spanish for dinner, but I wasn’t allowed to work there. Now I can join the payroll and get down to work. I had always worked in restaurants and hotels in Australia and this was a dream.”