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Brazilian Family Reports Shock at Seeing in Writing that the 11-Year-Old Boy Could Be Arrested, Prosecuted, and Fined If He Stays in the UK. Born in the US, Guilherme Has Never Lived in Brazil, Speaks Little Portuguese, and Has Lived in England Since 2019, Where He Studies and Has Social Ties with Friends.
Weeks ago, the 11-year-old boy Guilherme received a letter from the British government suggesting that he return to Brazil, despite living legally in England since 2019 with his parents, Hugo and Ana Luiza. The couple divorced in 2021, and Ana will not be able to apply for permanent residency again until 2027.
The impasse began when, at the end of last year, Hugo completed five years in the country and applied for permanent residency for himself and the children. His residency was approved, but Guilherme’s was denied, and the request for his brother Luca still had no response, putting the family at risk of having their life interrupted.
Who Is the 11-Year-Old Boy at the Center of the Case
Guilherme is 11 years old, was born in the United States, and has never lived in Brazil. He says he does not feel comfortable speaking Portuguese fluently. In the routine described by the family, Guilherme reports that he enjoys playing soccer, studies at a good school, and tries to do well in his studies.
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He has lived in England since 2019 with his brother Luca and their parents, Hugo and Ana Luiza, who have always reported that they are in the country legally.
The biggest shock, according to the family, is seeing a child treated as if he were an offender in an official document.
How the Family Moved to England and What Their Immigration Status Was
The move to England occurred after Hugo received a job offer as a university professor. Ana Luiza and the children entered as dependents of his visa.
In 2021, Hugo and Ana Luiza divorced. Ana, who is a nurse, obtained her own visa as a skilled worker.
This change restarted the timeline for her residency path, and, according to reports, she will only be able to have her request approved in 2027.
The Residency Application and the Decision That Affected the 11-Year-Old Boy
At the end of last year, when Hugo completed five years in the country, he applied for permanent residency for himself and the children.
The government approved Hugo’s permanent residency, but did not grant Guilherme’s. Regarding Luca, the government had not yet responded to the request.
The family claims that they thought this was a common procedure but reports that the rules turned out to be so specific and restrictive that the case ended up categorized as an exception, mainly because of the divorce and custody arrangement.
The Government’s Argument and Why the Letter Became a ” scare”
The argument attributed to the government is that, since neither parent has sole custody and both do not have permanent residency at the same time, the children would not have the right to the status.
Hugo states that he wrote a letter saying that the boys have lived a significant part of their lives in the UK, are adjusted, have social ties, and that Guilherme had been accepted in a selection process for a competitive school.
Nevertheless, the official response reportedly indicated being “happy” that Guilherme could return to Brazil, continue his studies, and even attend an English school, with the possibility of the family returning together.
The Most Serious Part: Threat of Arrest, Prosecution, and Fine in Writing
The section that frightens the family the most is the threatening tone associated with the document.
According to the report, the letter includes the idea that the 11-year-old boy could be arrested, prosecuted, and fined, which the father describes as if the child were being treated as a criminal.
Additionally, the father states that the document contains warnings that “should never apply” to a child, such as references to working illegally, having wages seized, and being unable to rent a house.
To him, this gives the impression of text that is “copied and pasted,” raising doubts about the care and criteria used in analyzing the case.
Emotional and Social Impact on Children and the Family
Hugo describes feeling dehumanized as a human being, as a father, and as a professional, stating that the system ignored the reality of two children who have built their lives in the UK.
The family states that social ties were disregarded, including the children’s connections with school and friends.
They report that classmates have been asking the children if they will return to Brazil because friends’ parents have seen news and commented.
To protect the children, the parents have only said that there is a problem with the documentation, which would be stressful, but they believe they can resolve it.
What the Expert Consulted by the BBC Says and What the Next Step Is
The BBC spoke with a British immigration lawyer who claims to have been surprised and interprets the case as an example of how rules may not encompass the complexities of family life.
He states that the immigration agency has not shown much compassion and that family reality is not “black and white,” but consists of changes and evolving relationships.
The family is now awaiting the review of the decision and trying to understand if the children can remain as dependents, even without immediate rights to permanent residency, maintaining a similar legal status to what they had until now.
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