A Chinese national convicted of defrauding British taxpayers of over £200,000 has been granted permission to stay in the United Kingdom, a decision based on the argument that her removal would be excessively detrimental to her four children.
Chuan Xie, 46, was sentenced to 33 months in prison in May 2019 for fraudulent evasion of VAT, income tax, and concealment of criminal property. The offenses occurred between 2012 and 2017 while she and her husband, Guang Lin, operated the Shanghai Chinese takeaway in Kingswood. The couple admitted to illegally avoiding £215,955 in taxes. Xie entered the UK on a spouse visa in December 2011 and had leave to remain until June 2020. Her husband is a British citizen, and three of their four children are British nationals.
Xie applied for leave to remain in the UK based on her family and private life. She claimed to be a 'medium' offender and argued that deportation would be 'unduly harsh' on her children, who she described as having a close emotional bond with her. Her husband works full-time in a restaurant and is the sole financial provider for the family.
An immigration judge in Cardiff ruled that deporting Xie would be unduly harsh on her children. The judge noted that the children felt stigmatized while their mother was in prison and under social services supervision. Statements from the eldest daughter, a family friend, school reports, and social worker reports were considered. A social worker indicated that deportation could increase the risk of negative behaviors for the children, while the children's headteacher expressed concerns about irrevocable emotional distress and long-lasting effects on their mental health, academic performance, and overall development.
The court heard that the eldest child would be overwhelmed by the responsibility of caring for her younger siblings if her mother were deported. The judge emphasized that the children require hands-on care from their primary caregiver, their mother. The Home Office had initially rejected Xie's claim to stay in April 2024, but she successfully appealed the decision in June 2025. A subsequent counter-appeal by the Home Office was dismissed by Upper Tribunal Judge Rebecca Owens, allowing Xie to remain in the UK.