“My
poor boys. First their mummy leaves them and now their daddy. They don't deserve this.”
Situation: Married for 6 years, has 2 children with his wife, Molly.
Doesn’t meet the income criteria, so having to be a single parent. A new job
which would satisfy the income criteria means he is travelling a lot and
therefore unable to live with his kids. What does this mean? A British husband
apart from his wife and children. British children forced to live apart from
their mummy and daddy...
British citizen, Andy, has been
happily married for six years, and he and his wife, from China, have been patiently waiting
for him to find the golden job paying £18,600 so that they can once again be
reunited as a family.
This has proven to be extremely
difficult, despite his qualifications and experience, and so this law abiding
and devoted couple have been forced to separate, leaving Andy to act as a
single parent to their two infant children in Somerset. There are no words to fully convey the stress
this family has been under, with Andy trying to find a well-paid job that will,
hopefully, reunite his family.
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| The family the night before Molly left the UK |
During Molly’s last visit Andy
wrote to MP David Laws asking if there was any way he could help extend Molly’s
stay, because Andy stood more chance of finding a high-paying job if she were
here looking after the children. David did not reply and so Molly returned to
China, rather than overstay her visa.
Two weeks later Andy received a
letter from Mark Harper, Minister for Immigration, claiming Molly attempted to
deceive UKBA by visiting her husband & children:
‘If the immigration officer at port of entry had known this, she would
have been refused entry on this basis’.
This is because apparently she
should have applied for a spouse visa rather than a visitor visa; however, at
that time, they were genuinely only intending to visit for a family reunion as
Andy’s brother was visiting the UK at that time with his Canadian wife and
their newborn daughter.
Despite leaving UK within the six
months allowed under a visitor visa, by applying as a visitor rather than a
spouse, according to Mark Harper, Molly ‘deceived’ the UK Border Agency, and
this alleged deception means that she cannot
visit UK for ten years,
even though she has proved she is not an 'over-stayer'. David Laws confirmed that Harper's stamp of
deception would remain in Molly’s file, leaving this poor couple to face the
reality that they would remain separated unless and until Andy could find a
high paying job.
They all miss each other so much
and while there appears to be light at the end of the tunnel, with Andy
receiving a job offer paying over the threshold (which should in theory qualify
him to sponsor Molly six months down the line), it raises location and their
children as major issues. So, the family
faces further heartbreak over the next six months.
The job is in Cornwall, 3 hours away from home in Somerset where the boys are settled in school and playgroup. As his job involves travelling, Andy would need a live-in child-carer. He can’t cope with the thought of another person taking the place of his sweetheart and the children's mummy – another woman the kids would be looking up to as a mum.
Taking everything into account
they have decided that the boys should stay with their grandparents
temporarily, while Andy is working and until a better solution can be found.
Andy will see them as many weekends as possible, but he won't be able to spend
the school holidays with them, read them a bedtime story, tuck them into bed or
be there to soothe away any nightmares.
Andy’s job began in late October
and so, exactly six months later, on his eldest child’s sixth birthday, the
couple believes they should qualify to begin the application process for a
spouse visa. By this time the family will have spent nearly 8 months apart;
including Christmas, and all their birthdays.
The children have already stopped
attempting to speak Chinese and it breaks Andy’s heart that his kids are losing
their heritage and that memories are being created without their mother being a
part of them.
If Molly was here, they’d be
moving to Cornwall together, as a strong happy family, but instead they’re
being split up in a scenario reminiscent of Australia’s Stolen Generation – a disastrous episode in that country's history.
Have we learnt nothing from past mistakes?
Andy is tired and desperately
sad, yet somehow finding the energy to stay strong.
“I miss my wife so much and feel
so heartbroken for her having to explain to friends, family, neighbours and
colleagues, why she cannot be with her loving husband and sweet little boys.
She’s so brave, so patient and trusting that someday we’ll be reunited. I’m so very proud of her.”
Who with a modicum of decency
could break up this family? British MPs could and therefore do.
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| With the 8 hour time difference the boys only get to Skype their mummy at weekends. A clearly demoralised Andy says: “Devon (3) now calls us ‘Computer Mummy and Daddy’” |
UPDATE: Molly successfully applied for the spouse visa relying on Andy's income. The family is now reunited and living in Bath. The kids are very happy to have their mummy there for real-life cuddles.
