Kenyan Woman’s Deportation Battle

Robert Earnshaw with his wife, Marysella

Robert Earnshaw with his wife, Marysella

A YORK husband has told of his joy and relief after his Kenyan wife passed an English language test – boosting their hopes she will avoid deportation.

Robert Earnshaw, 43, of Haxby, said he would hand his wife Marysella’s certificate to the authorities to be included in consideration of an appeal against plans to deport her back to Kenya.

“I am elated,” he said.

“She was very nervous beforehand and has passed a higher level test.

“Now I am hoping the appeal will be granted and we can just get back to our normal married life.”

He said he would be asking if a ban on Marysella working, imposed when the deportation order was made, could be lifted.

He said the ban was causing them huge financial difficulties, and it could still be another three or four months before a judge considered the appeal.

Taking the test at a college in York cost the couple £135.

The Press reported last month how Marysella, 47, who married Robert in January, had been refused a “spouse visa” to remain in Britain.

The Home Office said it had been refused because she had failed to provide an English language certificate, which was required from Kenyan nationals under immigration rules.

 Mr Earnshaw, who met Marysella last year while she was studying for a masters degree at York St John University and while they were both also working as support workers, said then he was devastated by the decision.

He said he accepted the need to prevent immigrants trying to stay in Britain through marriages of convenience, but his was a genuine marriage and he wanted to spend the rest of his life with her.

He said he could not go to live with Marysella in Kenya because he was in remission from bowel cancer and needed regular check-ups at York Hospital.

Marysella told how the stress of possible deportation had been making her feel unwell.