Baby born in the UK to British resident parents ‘denied right to live in Britain’ The shocked parents were informed their daughter was only able to enter the UK on a six-month tourist visa

A baby born in the UK to parents who are both British residents has been denied the right to live in the country, according to reports.

Dr Charles Kriel, 56, and his fiancée, Katharina Viken, said they were returning to the UK from Florida with their 15-week-old daughter, Viola, when they were halted by border officials who claimed their child had no right to reside in Britain.

The couple were told their daughter could only enter the UK on a six-month tourist visa, but that she must not work or use public services, according to a report by the Independent.

The i newsletter latest news and analysis Email address is invalid Email address is invalid Thank you for subscribing! Sorry, there was a problem with your subscription.

The decision, which has been described as “shameful” and “potentially unlawful” by a human rights lawyer, left Dr Kriel feeling “crushed and afraid”.

“It’s the very last thing I expected,” he said.

Dr Kriel, a US national and special adviser to the UK Government, has lived in the UK legally since the late 1990s and has indefinite leave to remain. Ms Viken, a Norwegian national, has been a British resident for more than a decade. The couple lives in Southwark, south London, with their newborn baby.

‘Aggressive’

“The immigration officer was aggressive,” said Dr Kriel.

“They were saying that just because she was born in the UK it didn’t mean she had a right to stay but would give no explanation as to why, just, ‘sort it out’.

“It’s the public services restriction that worries me, as babies should make fairly regular visits to the NHS. In a sense that’s denying the child healthcare,” he said.

Dr Kriel added that although he “loved” living in the UK, his feelings about the UK’s attitude to immigration concerned him, to the extent that he and his fiancée were beginning to question their future in the country.

“If I, who am lucky enough to have worked for the BBC and worked in Parliament, am getting this level of aggression, what must many other immigrants in this country be suffering from?” he said.

‘Absurd and inhumane’

Human rights lawyer Shoaib Khan expressed doubts about the lawfulness of the decision.

“A child born to a person who has indefinite leave to remain in the UK is a British citizen by birth,” he said.

“If, as seems to be the case, the father had indefinite leave to remain when the child was born, this child is British.

“The fact that she was travelling on a US passport does not affect her rights as a British national. The mother is an EEA national residing in the UK, so the child will likely have a right to reside in the UK on that basis too.”

Mr Khan said the case was “one of hundreds of similarly absurd and inhumane decisions taken by the Home Office daily.

“The Home Office must apologise to the family immediately and finally put an end to the open hostility towards any individual who dares to be in this country without a British passport,” he said.

The i approached the Home Office for comment, but a spokesperson said: “We do not routinely comment on individual cases.”