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Man left 'broken and hopeless' as husband detained at airport

Elaine McGeeBBC News NI
Mike Gallagher Mike, left, has short grey hair and is smiling at the camera. He is wearing red tint sunglasses and a khaki green t-shirt. He has his arm around Terry's shoulder. Terry, right, has grey hair and a grey beard. he is wearing brown sunglasses and a blue zip-up hoodie. Mike Gallagher
Mike and Terry have been together for 17 years

A man from Northern Ireland says he has been left "broken and hopeless" after his husband was detained at Dublin Airport and sent straight back to America by Irish immigration authorities.

Mike Gallagher, a UK citizen, and his Canadian spouse Terry MacInally have been living in Northern Ireland for five years.

The Republic of Ireland's Department of Justice said any passenger landing at Dublin Airport and intending to travel onwards to the UK must meet the relevant UK immigration requirements.

But the couple maintain that MacInally did have the correct documentation enabling him to travel while his immigration status is still being decided.

MacInally is 63, retired and a Canadian citizen.

Gallagher was born in Dungannon, County Tyrone, and his parents emigrated to Toronto when he was a child.

The couple have been together for 17 years and married for six.

They have visited Northern Ireland a number of times and shortly before the Covid pandemic decided they wanted to relocate from Canada permanently.

They lived for a time in Omagh before eventually buying a house in Londonderry.

MacInally has applied to the Home Office to secure a visa to remain in the UK through three separate schemes.

The couple acknowledge he overstayed his original holiday visa by six months, but it was their understanding from Home Office guidance that he was to remain in the UK while the visa process was being completed.

Mike Gallagher Mike, left, has short grey hair and is smiling at the camera. He is wearing red tint sunglasses. He is wearing a white t-shirt and a black zip-up hoodie. Christine, middle, is smiling at the camera and has a white Lacoste cap on. She has brown hair. Terry, right, is smiling at the camera and has grey hair and a grey beard. He is wearing a pale green sweatshirt with a blue checked shirt underneath.Mike Gallagher
Mike with Terry and his sister Christine

MacInally is currently in the process of appealing a decision not to grant him a visa under the EU settlement scheme (EUSS).

According to the British Government, Canadian citizens can apply for the EUSS if they are a close family member of an eligible EU, EEA, or Swiss citizen who was living in the UK by 31 December 2020.

In order to qualify, Gallagher would have had to been living in the UK before that date and applications could not be made online.

Gallagher said he did miss the deadline but that was because of travel restrictions during the Covid pandemic and could not fly to the UK.

While the appeal outcome is pending, MacInally has what is known as a EUSS certificate of application (CoA).

The CoA serves as temporary legal proof that you can live, work, and study in the UK while you await a final decision on your status.

Gallagher said it was their understanding on foot of legal advice, that this certificate gave permission to travel.

MacInally had left Derry in April to return to Canada for three months so he could apply for a spouse visa.

'No one could tell me where he was'

He was due to arrive back in Ireland in June from Boston where he was visiting family.

But while waiting for his husband to come through passport control at Dublin Airport, Gallagher said he started to worry.

"I knew something was wrong when I could not contact him," he told BBC Radio Foyle's North West Today programme.

"I was frantic and I didn't know what was going on.

"Nobody could tell me where Terry was."

Six hours after he had arrived in Ireland, Gallagher was eventually told his husband was on board a flight back across the Atlantic to Boston.

"Terry had his phone taken off him, he wasn't allowed to contact me and they took his passport.

"He was treated like a criminal when we have not done anything wrong.

"We have done everything the Home Office has asked us; it's been an extremely frustrating experience," he said.

Mike Gallagher Mike, left, is leaning over towards Terry. He is smiling and wearing a black zip-up hoodie. Terry, right, is looking to the left of the frame and smiling. It is a close up head shot.Mike Gallagher
Terry initially left in April to return to Canada for three months so he could apply for a spouse visa

Gallagher is working with local MLAs and MPs who have lobbied the Home Office.

"Everyone has been so supportive but it is very hard.

"I don't know when I am going to see my husband again."

"I am working a full-time job and then I have a full-time job doing everything I can to try and get Terry home."

He said the couple had discussed selling their house but ultimately they do not want to live anywhere else.

"My whole life I have been looking for home and I felt I had found it when we settled in Derry.

"I am trying to remain hopeful - we are willing to do anything it takes."

What has Irish authorities said?

In a statement to BBC News NI, the Republic of Ireland's Department of Justice said: "The Common Travel arrangements apply only to Irish and British citizens.

"All other nationalities remain subject to the immigration requirements in each jurisdiction.

"Where permission to land is refused, arrangements are generally made for the passenger's return on the next available flight to the point from which they travelled, or to another destination where they are entitled to enter."

What has the Home Office said?

BBC News NI has contacted the Home Office for a response - but has yet to receive a reply.