Home Office tells children of Exeter academic and NHS nurse to return to Brazil alone

A senior lecturer at the University of Exeter is contesting a Home Office decision to remove his two children from the UK — despite both he and their mother being legally settled and working in Devon.

Dr Hugo Barbosa, a Brazilian national who moved to the UK with his family in 2019, was granted Indefinite Leave to Remain in 2024. But in a letter sent to his 11-year-old son Guilherme, the Home Office said the child did not qualify for settlement, as both parents must be settled at the same time or one must have sole responsibility — a condition not met due to their co-parenting arrangement.

His ex-wife, Ana Luiza Cabral Gouveia, a senior NHS nurse, was told her own route to settlement reset when she moved from a dependant visa to a Skilled Worker visa in 2022. Under current rules, she is not eligible for settlement until 2027.

Barbosa said: “We moved to the UK in 2019 as a family. I applied for Indefinite Leave to Remain for myself and the boys, but a few months later I received a letter saying the children were not eligible because their mother is not settled.”

He added: “The Home Office said if Ana had abandoned the children, that might have made them eligible. But because we co-parent 50/50 and have a healthy arrangement, that counts against us. That logic is hard to accept.”

In the letter, the Home Office wrote:

“The child does not satisfy the requirement at SW 39.4... The applicant’s other parent must be being granted settlement at the same time, or be settled or a British citizen, unless… there are serious and compelling reasons to grant the applicant settlement.”

“It is unlikely that [the application] would lead to a favourable outcome for the child.”

Barbosa provided letters from the children’s schools and detailed how both boys have lived in the UK for more than half their lives. “They don’t read or write Portuguese. Guilherme just secured a place at a local Grammar School. Sending him back now would disrupt his education, his friendships, his stability.”

The Home Office ultimately concluded, "Whilst this may involve a degree of disruption to family life, this is considered to be proportionate to the legitimate aim of maintaining effective immigration control...”

Hugo and Ana's younger son, eight-year-old Luca, is still awaiting a decision. Barbosa said: “We’re trying to protect the children from this, but since the Guardian article came out, classmates and parents have started asking questions. It’s been difficult.”

Support has come from local MP Steve Race, who Barbosa confirmed has been in direct contact with the Home Office and the Minister. “He’s been very supportive,” Barbosa said. “He requested the full case details and is waiting for a response.”

Barbosa has also been contacted by Brazilian diplomats. “The Brazilian consulate reached out to me. They’ve requested an in-person meeting with the Home Office alongside the Brazilian ambassador to discuss the situation. They’ve also formally requested clarification.”

An application for administrative review has been submitted, but Barbosa was advised by lawyers that the chances of success are “negligible” due to the correct rules being applied.

“My ex-wife works for the NHS. I’m a lecturer in computer science. This country has brought us in as skilled workers — but our children are now being told to leave. It doesn’t make sense.”

Barbosa concluded: “We’re not giving up. We believe the right thing is for our children to remain here, in the country they call home.”