Victory! US couple who fought to stay in Scotland win Home Office battle
AN American couple who endured a two-year deportation nightmare have won a last-ditch victory over the Home Office to remain in Scotland.
Russell and Ellen Felber were ordered to leave their award-winning B&B business and return to the US after being told they no longer met immigration guidelines.
The Felbers moved from New York to Inverness in 2011 and sank their life savings into opening the award-winning Torridon Guest House after falling in love with Scotland.
They secured a three-year entrepreneur visa, later extended by two years, and spent £400,000 refurbishing a former student hostel to create five en suite bedrooms that earned a five-star rating on TripAdvisor.
They were horrified when the Home Office dropped its bombshell, saying their application for permanent residency had been refused because their business did not employ enough members of staff.
The Felbers appealed against the decision, claiming they met all the criteria, and accused then Home Secretary Amber Rudd of moving the goalposts.
They took their case to the Court of Session, where an appeal court judge upheld Miss Rudd’s decision, saying the minister did not act unlawfully when ordering the couple’s removal.
Undaunted, the Felbers vowed to exhaust every avenue of appeal – and now an immigration tribunal has finally ruled in their favour. The victory means the couple’s long fight for justice is over.
Last night, Mr Felber spoke of his relief after common sense prevailed. He said: ‘We are so very happy at the decision. This has been a long and difficult fight.
‘We are so grateful to all the people who have supported us, especially our friends in Inverness, including the Rt Rev Mark Strange, Bishop of Moray, Ross & Caithness in the Scottish Episcopal Church, who was with me at the tribunal as a witness when we heard the news.
‘I was so overcome at the news that I was in tears. Ellen was too ill to travel down for the hearing. When I called her to tell her the good news, she cried: “It’s not a dream, it’s not a dream. It’s over.”
‘She couldn’t believe it. It’s still sinking in. There’s been so much uncertainty.
‘Ellen has finally realised that it’s true. She knows now it’s not a dream. It is such a relief.’
The couple’s ordeal began when they received a letter from the Home Office in December 2016, telling them their application for permanent residency had been refused and they had 30 days to leave the country.
The Home Office insisted that its guidelines state that for visa extensions, applicants must have ‘established a new business or businesses that has/have created the equivalent of at least two new full-time jobs for persons settled in the UK’.
But Mr Felber insisted the rules had been changed and that they had met all the requirements to become permanent residents at the time they applied, having been told that employing one person for two years would suffice.
A campaign to keep them in Scotland was led by Bishop Strange, who said the couple were ‘trusted and dedicated members of the cathedral congregation’.
At the height of the row, he said: ‘I cannot understand why two people who have contributed to their community in the way Russell and Ellen have done should be asked to leave because of an everchanging immigration policy.’
A petition signed by more than 1,500 people was handed in to the Prime Minister at 10 Downing Street by Drew Hendry, Nationalist MP for Inverness, Nairn, Badenoch and Strathspey, who condemned ‘an inflexible immigration system that is not fit for purpose’.
Mr Felber, 60, said the stress of facing deportation had led to his 54-year-old wife – a bell ringer at Inverness Cathedral – at one point being admitted to hospital.
The Felbers continued to operate their business and instructed immigration law specialist Damir Duheric to mount a last-ditch bid to remain in the country via the employment tribunal appeals process.
At a hearing in Glasgow on Friday the couple finally learned they would be allowed to stay. The Home Office will have 14 days to appeal against the decision, but Mr Duheric said he believes it is unlikely to happen.
He added: ‘It is great news. These people came here and invested a huge amount, provided employment and built a successful business. It didn’t make sense.’
The Felbers’ guest house is popular with visitors and is regularly fully booked during the summer, attracting five-star reviews on travel websites.
Mr Felber said: ‘One customer phoned us today to book a stay next year after learning of the tribunal outcome. We are very pleased. This year is going to be a really good Christmas.’
The case has echoes of the Brain family whose long fight to remain in the Highlands, where they opened a cafe after moving from Australia, was resolved only at the last minute.
In September last year, Kathryn and Gregg Brain and their sevenyear-old son Lachlan finally won their right to stay when Mrs Brain, whose student visa had expired in 2015, finally found work.
The case had sparked national sympathy and the couple even received the backing of First Minister Nicola Sturgeon.
A Home Office spokesman said: ‘It would be inappropriate to comment while legal proceedings are ongoing.’
‘So grateful to all our supporters’ ‘Inflexible system not fit for purpose’