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Forres couple to stay together after winning deportation battle

Cheryl Cruickshank with her husband John Cruickshank
Cheryl Cruickshank with her husband John Cruickshank

A Forres couple are celebrating after winning a legal battle to stay together.

Cheryl and John Cruickshank feared they were going to be separated after Mrs Cruickshank was told she had to leave the country.

The pair moved to Moray from Australia in 2012 to avoid being put in different care homes by social workers.

But in December, Mrs Cruickshank was asked to leave the UK, when it emerged that she was in the country on a visitor’s visa – though was given a reprieve and told she could remain until her appeal could be heard.

The couple thought that Mrs Cruickshank had entered the country on a permanent basis, after they got married in Cyprus in 2015.

They have now successfully made their case to remain in the north-east.

Mrs Cruickshank said: “It’s such a relief that this isn’t hanging over our heads anymore.”

Mr Cruickshank, who returned to Scotland in 2012 after emigrating to Australia in 1964, had suffered several strokes since his return.

With his health deteriorating, his wife is now the 82-year-old’s main carer.

In the written ruling following the tribunal earlier this month, the judge ruled that the couple should be allowed to stay together.

He said: “There is also the issue of the loss of society for a couple in their twilight years, who are devoted to one another and who rely upon one another for long shared experiences and love dating back many years.

“Would it not be cruel to ­separate such a couple, who meant no harm in coming to the UK?

“I consider that the public interest does not require such a draconian step in this case.”

The Home Office has 14 days to apply for permission to appeal the decision to the Upper Tribunal on a point of law.

A spokesman said: “The Home Office is currently ­considering their options.”