Two-year-old told to leave UK in visa row

17 Aug 2016 | Posted by Carl Thomas

A family has been told their two-year-old son must return to the Philippines with his mother, who has a valid UK spouse visa, because his UK dad is not his biological father.

Wayne Kibble and wife Margie moved to St Austell in Cornwall last year with her son Shaun. The couple also have a baby daughter together, who was born in the UK.
They have now been told that Mrs Kibble must return to the Philippines with Shaun, leaving behind her husband, who suffers from MS, and their new baby who was born in June. She has also been told by doctors that she should not fly due to low-blood pressure problems as a result of giving birth.
Shaun came into the UK on a six-month tourist visa because the family intended on returning to the Philippines to live. But Margie became pregnant while they were applying for the little boy’s UK visa.
Shaun’s passport and documents were taken by immigration authorities when he arrived at Heathrow Airport in October. The Kibbles applied for a six month extension to his visa but in January, Margie was told she must leave and take her son with her
Mrs Kibble told The Voice: “It’s really hard for me. I am going to have one child in the Philippines and one in Cornwall. How can that work. 
“Shaun’s father cannot look after him as he travels around the world. He doesn’t even live in the Philippines, he is currently living in Croatia.”
The couple are planning to appeal against the decision.
The Home Office said that Shaun’s visa had been issued on the basis he would leave the UK when it expired and he must be accompanied by his mother when travelling.
The spokesman added: "It remains open for Mrs Kibble to return to the Philippines to obtain entry clearance for her son in the appropriate category."