Home Office Threatens Forced Separation of Couple Prior to Wedding
The Home Office is facing criticism as it potentially prepares to forcibly separate a couple who are planning to get married because they do not live together before their wedding.
Sarah Bradley, a 29-year-old British digital marketing teacher, and Youssef Mikhaiel, a 28-year-old Egyptian man who graduated from the University of Glasgow with a degree in aeronautical engineering, met through a Christian dating app in February 2022. Both are devout Christians and currently reside in Glasgow. Mikhaiel was intending to propose to Bradley formally this summer, and they have already discussed their wedding plans. Mikhaiel has been diagnosed with Fabry disease, a rare inherited neurological disorder that requires medical treatment not readily available in Egypt, his home country.
Mikhaiel applied to remain in the UK based on humanitarian grounds, citing his relationship with Bradley, their impending marriage, and the lack of access to suitable medical care in Egypt for his condition. However, on May 16, when he attended a routine appointment at a Home Office reporting center in Glasgow, he was arrested and subsequently taken to Dungavel House immigration removal center in South Lanarkshire. While he was released on Friday, there remains a risk of him being forcibly removed to Egypt.
Usman Aslam, Mikhaiel’s lawyer from Mukhtar & Co solicitors, has obtained medical evidence from Egyptian doctors confirming the unavailability of treatment for Fabry disease in Egypt. Without treatment, Mikhaiel’s life expectancy is significantly shortened, and the lack of medical care for his condition in Egypt would lead to intense suffering or potentially death.
Expressing his distress from Dungavel House, Mikhaiel stated that he is still trying to process the events of his arrest and detention. As a person who believes in respecting all religions, he explains that their decision not to cohabit before marriage is in line with their teachings and beliefs. Mikhaiel had planned to propose to Bradley this summer, but the situation has now turned upside down. While in detention, he sought solace by attending church services.
Bradley expressed her deep desire for her fiancé to be with her, stressing the authenticity of their relationship. They have gathered evidence from about 30 friends and relatives to demonstrate the genuineness of their relationship to the Home Office. Bradley finds it humiliating to have to ask for this evidence, particularly as the Home Office regards such proof as “weak.” She believes that the cohabitation requirement is discriminatory as it fails to consider couples like them who have made a religious decision not to live together before marriage. Moreover, Bradley’s income comfortably exceeds the minimum income threshold for a spouse visa, and she is fully capable of supporting Mikhaiel, who wishes to work and contribute by paying taxes. Concerns have been raised about Mikhaiel’s physical and mental well-being during his detention.
According to Home Office guidelines, individuals who are not married or in a civil partnership are expected to have lived together for at least two years in a relationship akin to marriage or a civil partnership. Exceptions are granted for couples living apart due to work or if one partner is studying abroad. However, no exception is provided for couples who do not cohabit due to religious reasons.
The Home Office assesses the strength or weakness of evidence provided by couples to demonstrate the genuineness of their relationship. Letters of support from friends, relatives, or religious leaders who are British citizens, as well as photographs of time spent together by the couple, are classified as “weak” evidence.
In response to the situation, a Home Office spokesperson stated that all applications for leave to remain are carefully evaluated based on individual merits and the evidence provided, following immigration rules. The spokesperson further added that immigration detention may be necessary in certain cases while arrangements are made for an individual’s removal from the UK. The Home Office also emphasized that individuals are only returned to countries where there is no risk of persecution or serious harm.
