UKBA under fire for threatening to break-up family in Scotland

UK Border Agency in Scotland has come under attack for attempting to break up a family that has been living in Orkney for several years.

Three Highlands and Islands MSPs criticised what they described as “the rigid and irrational application of immigration rules” that could result in the family being torn apart by bureaucratic UK Border Agency officials.

SNP MSP’s Mike MacKenzie, Jean Urquhart and John Finnie have all backed a petition calling on the UK Border Agency to let common sense prevail in the case of the Boyd family, and called for the Scotland Secretary Michael Moore to step in and knock heads together over the conduct of the troubled UK agency.

Gary Boyd was born and brought up in Leith, lives in Orkney with his Australian-born wife, Kristee, step-son Kyle and daughter Nyah – all of whom are currently in the UK on six-month visas.

Mr. and Mrs. Boyd lived and worked abroad between 2006 and 2011. This made the Indefinite Leave to Remain (ILR) Visas for Mrs. Boyd and her two children lapse, “causing massive complications within a complex and bureaucratic immigration structure that seems incapable of responding sensitively to individual circumstances,” the MSPs said.

They said that there are self-evident strong ties of the Boyd family (who were resident in the UK between 2004 and 2006 before returning in 2011) to the UK, including strong extended family connections and Mr. Boyd’s role within the local community as Deputy Head Teacher of Kirkwall Grammar School in Orkney.

The MSPs said that the UK Border Agency’s strict interpretation of its immigration rules would force Mr. Boyd’s family to either leave the UK every six months and return with new six-month visas, or require the family to return to Australia, apply for new ILR Visas and wait for as long as it takes for those to be granted.

This would cause massive upheaval for the Boyd family, not least to Kyle who is in the final year of his Standard Grade education.

Mike MacKenzie MSP, who has been assisting the family in their endeavours, commented: “The shameful treatment by the UKBA of the Boyd family, who have contributed so much to their local community, has highlighted the problems of a shambolic agency handling discrete cases such as the Boyd’s.

“The UK Border Agency lurches from one mess to another and, as Scotland Secretary, Michael Moore must step in and knock heads together. Scotland is a welcoming country, and we should not be putting up extra barriers to those who wish to live and work here, and have already made a real contribution to their community. The distress already caused by this case to the family involved has been unimaginable, and cannot be allowed to continue.”

Jean Urquhart MSP, who has also been in close contact with the Boyd family, added: “The inability of the UKBA and the Immigration Minister to respond in a flexible manner risks tearing this family apart for no reason other than going by the book. It is not their fault that immigration rules are so needlessly complex. They should not be punished and have their family life completely destroyed in order to satisfy what appears to be unnecessary box-ticking.”

John Finnie MSP, who has also taken a strong interest in the case, said: “The UKBA needs to show some common sense and recognise that rigidly applying the same regulations to different situations is creating discord and chaos. They must recognise the Boyd family’s particular circumstances and bring this madness to an end by allowing them to re-apply for ILR visas from the UK.”

Online petition can be found at:

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