Witney family facing separation from two-year-old son

Carol and James Lambert first met online when they were teenagers, and are set to be separated as Mrs Lambert returns to the USA when her six-month visa expires.

The situation is made worse by the fact their son, two-year-old Kayden, will be travelling back to the US with his mum, leaving Mr Lambert alone.

When they were teenagers, Mr Lambert resided in Witney, with Mrs Lambert in Washington.

She joined the US Army aged 18, and the two fell out of touch.

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Years down the line, they reconnected when Mrs Lambert was honourably discharged from the Army and settled in Alabama.

She was newly divorced, while Mr Lambert had come out of a long-term relationship.

In 2016, he left everything behind to fly to the US.

Mrs Lambert said: “We are up front in admitting James overstayed his right to remain in the USA.

“Due to my depression, I was having a severely hard time taking care of myself.

“I was also in therapy but was having a hard time getting the motivation to go to my appointments.

“While my ex-husband and his family lived nearby, I had no other family or friends in the area for support, and James did not feel comfortable leaving me, so he stayed, and I slowly started getting better.”

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The couple then married in 2018 with Mr Lambert living as an illegal immigrant in the US.

“At this point if James were to leave the US, he would have a 10-year ban, so we looked into getting him legalised,” Mrs Lambert said.

“The whole time James was in the US, he did not have access to healthcare, he couldn’t get insurance due to not having a social security number.”

Despite the problems, towards the end of 2018, the couple found out they were expecting a baby with Mrs Lambert two months pregnant.

“Overjoyed as we were, it meant we had to focus on providing for our new baby rather than try and save for the legalisation process,” she said.

Kayden Lambert pictured enjoying the snowy weather

Kayden was born in August 2019, and after much discussion, the family decided to move to the UK.

“Our goal was the same as ever: get us all legal so we can safely stay together,” said Mrs Lambert.

“We started with a six-month visa for myself and our son.”

Mr Lambert arrived back in the UK in November 2019, with his wife and son following the next month.

“We have run into more roadblocks,” Mrs Lambert said.

The Lambert family faces an anxious wait

“James is finally getting the healthcare he’s needed these past five years.

“Between physical and mental issues, he’s been deemed limited capability of work.

“This means he does not meet the financial requirements for me to apply for the family visa as he needs to earn £18,500 a year.

“A way around this is to apply for PIP, but he does not qualify because he has to have been in the UK at least one year out of the last three.

“The final way around this is for us to have a savings of £65,000, or to have a substantial savings in addition to working.

“There is no help for people using Universal Credit such as James.”

Two-year-old Kayden Lambert is set to travel to the US with his mum

Mrs Lambert’s six-month visa is set to expire in May, leaving the couple in a difficult position.

Ideally, Mrs Lambert said the family wants to remain in the UK.

She added: “We lived in Alabama the entire time James was in the US and the political climate is very hostile.

“The gun culture is getting out of control and the support system for families here in the UK is exactly what we need.”

Their son Kayden qualifies for both British and US citizenship, and is set to return to the US with his mum.

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Mrs Lambert said: “We don’t know exactly how long we will all be separated for.

“We have contacted a solicitor who wants to take on our case, but obviously legal fees and the application itself is expensive.

“The thought of our son being away from either parent destroys us.”

A Government spokesperson said: “It is up to applicants to demonstrate they meet the requirements of the route they apply under and it is right that there are minimum income thresholds for family migration to prevent burdens being placed on the taxpayer.

“However, we recognise some sponsors will have a reduced earning capacity as a result of disability or caring for someone with a disability.

“Therefore, an applicant whose sponsor is in receipt of a specified disability-related benefit or Carer’s Allowance will be exempt from meeting the minimum income requirement and has to instead meet a requirement for adequate maintenance.”

You can find the family's GoFundMe page here: gofundme.com/f/help-carol-stay-with-her-family

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