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

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.

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.