Harsh but fair?

Sent by a friend.

I'll only say this - the it's quite unfair to blame the civil servant for this. My own perception - and the perception of many end users - is that the system is set up to be bureaucratic, unfriendly, inefficient and expensive to the user. The phrase 'trial by ordeal' crops up again and again.

See :
Our bureaucracy tag  :
 http://britcits.blogspot.co.uk/search/label/bureaucracy

The Chief Inspector of Borders : 'Such was the inefficiency of this operation that at one point over 150 boxes of post, including correspondence from applicants, MPs and their legal representatives, lay unopened in a room in Liverpool.' :
 http://icinspector.independent.gov.uk/wp-content/uploads/2012/11/UK-Border-Agencys-handling-of-legacy-asylum-and-migration-cases-22.11.2012.pdf

'Backlogs hit half a million at immigration service' :
http://www.parliament.uk/business/committees/committees-a-z/commons-select/home-affairs-committee/news/130713-ukba-rpt-published/

'Shambles: The Home Office numbers which don't add up' :
http://www.politics.co.uk/news/2014/02/05/shambles-the-home-office-numbers-which-don-t-add-up

''8,000 potential illegal visa 'overstayers' have (already) left UK' :
http://www.bbc.co.uk/news/uk-politics-23187320 & http://britcits.blogspot.co.uk/2013/04/through-post-following-missive-arrived.html

etc. etc.

For amusement - 'Immigration as a game: 'Papers, Please' makes you the border guard' :
http://www.theverge.com/2013/5/14/4329676/papers-please-a-game-about-an-immigration-inspector

Elwyn

“I am ashamed to be British but I will keep fighting these rules.”

Elwyn is a 55 year old British man. He has two children and four grandchildren. He owns his own home in south Wales and is employed as a minister of a Christian church in the town. After nursing his first wife for eleven years, the last five, 24/7 sadly she passed away in 2012.

In 2013 Elwyn married a Ukrainian national who he had known for many years as she worked as secretary to a church he visited in Ukraine regularly. They looked into making their settlement visa application straight away. However, Elwyn was confused by the information on the UKBA website.

He sought clarification from the passport office and British Embassy in Kiev on at least six occasions, by phone and email. However the only thing that was forthcoming was that they were unable to provide advice, and Elwyn's pleas that he was asking for clarification not advice fell on deaf ears.

So the couple did what they thought was correct thinking Elwyn could seek clarification when he was submitting the application in person, before handing over nearly £1000 as the application fee.

All the documents had been translated and apostilled at an additional cost of £500. Elwyn however wasn’t allowed into the office and only his wife was able to go in and get the paperwork submitted. While it was being looked over, she asked if it was all right and was told that it would be submitted once the application fee was paid.

Three months later they received an email to say all the documents were on their way back and that the passport was ready to be picked up. They had been refused, because although they had submitted his wife’s diploma, along with her straight A grades as a graduate of Kiev university as an English teacher, they had not submitted the Cambridge English Test certificate.

Elwyn is now living in Ukraine, managing with regular trips back and forward to UK. His father is 85 years old and seriously ill, having been diagnosed with prostate cancer. Elwyn’s father’s dearest wish was to spend some time with Elwyn and his new daughter-in-law.

So while getting the extensive requirements and paperwork together for another settlement visa application, they decided to apply for a visitor visa so Elwyn’s wife could come and spend most of September with her new father in law. She sat the Cambridge exam and they still await the results of that. But this was not needed for the visitor visa.

Elwyn applied with all the necessary paperwork and the £90 fee at the Kiev office. He submitted a letter of support and itinerary for the time up to Christmas, when they were due to be in Africa on humanitarian work for six weeks from October. It was clear that this was just a visit.

However, the visit visa was also refused. This time on grounds that they’d been “less than truthful as it was obvious their intentions were not to return to Ukraine”. Elwyn has residency in Ukraine; they own their own apartment there and he has changed work roles so that he can remain employed whilst living in Ukraine until they are eventually in a position to be granted a settlement visa.

He finds it amazing that a civil servant would call a minister of the church untruthful! So Elwyn is unable to take his wife to see my 85 year old sick father, or his 62 year old severely disabled sister or his still grieving daughters and four grandchildren. Elwyn is now ashamed to admit he is British. He is adamant though that he will continue raising awareness of the issues he has faced, it’s now a personal crusade for justice.

Tom & Olya

“The UK immigration process is lengthy, expensive and complicated...and thoroughly demeaning.”

Tom is a British citizen from the East Riding area, just west of York. His partner, Olya is from the Ukraine and lives in Kiev.

As Tom is a musician by profession, the couple has been lucky enough to travel all over Europe together for best part of the past two years. Their life together so far has been an adventure, full of all the care and love that anyone in a healthy relationship will know of. Olya is also lucky that as a linguist (fluent in English, Russian, Ukrainian, Spanish with some Polish and also now learning Greek) her employer allows her to work remotely, as long as she has a computer and wifi access, making their nomadic lifestyle possible.

They never had a problem obtaining visas for other European countries for Olya. However, when they decided it was time for Olya to come home with Tom, meet his friends and family they came across immigration horror.

Olya's passport is full of visas and stamps from visits all over Europe and indeed many parts from outside the region as well. The visa denial for a UK visit visa was completed unexpected. So they submitted a second application.

Flights were bought as required for the application and fees paid. Olya declared her savings and job status. Her parents provided 'emergency funds' just in case they’d be required, of over £1000. However the Home Office refused this application as well, stating that this amount was insufficient (even though Olya was only wanting to be here for two weeks); they also refused on the grounds that Tom did not declare his finances and prove that he could support Olya during her trip. Even though she didn’t actually need financial support from Tom given her own financial situation.

They made several visits to the visa application centres, which proved to be awful. The staff accepting applications were rude for no reason; Olya, an otherwise strong woman, broke down in tears after one such visit resulted in the staff humiliating her in public.

During a visit to Kiev in June 2012, they emailed to try and arrange another meeting. Around this time they met a number of younger Ukrainian friends – some without jobs or savings - who had applied for visas to the UK successfully. These were visitor visas just like the one being sought for Olya, except their reasons for visiting the UK were sightseeing and the club scene.

Tom and Olya are both, working people in a relationship. They’re bemused why they were being
denied a visa to see family and friends, while those for comparatively more trivial reasons were being granted the same type of visa, serving to highlight massive inconsistencies with visitor visa policies.

The couple submitted a visa application for the third time, going over the top with supporting documentation. The expected processing time passed and they still had no answer, and the date of their flights was fast approaching. A chaser call led to their being patronisingly told to "wait like everyone else has to".

On the day of the flight, Olya waited with her father outside the Passport Centre with her bags packed. The passport never came.

Another flight missed. Another chaser led to their being eventually told that the decision had been made some weeks ago, but the application was 'stuck in the system'.

The third refusal was a huge blow. Olya was deemed to have used 'deceptive means to obtain access to the UK'. An incredibly demeaning remark and unbelievable to the couple that anyone could come to that conclusion from their very standard paperwork.

Apparently the case handler thought it was suspicious that a large amount of money had entered Olya's bank account and disappeared after the previous visa refusal. Indeed, the person appeared to not have read the supporting paperwork explaining that the funds were a loan from Olya’s dad, and returned when not needed for the UK trip.

Olya was informed she could only make an administrative appeal and that the denial would remain on her record for a period of ten years.

Bear in mind, all this just for a visitor’s visa.

Tom is dreading the problems they will face when they decide to get married. With her language skills, countries should be falling over themselves to welcome Olya. Yet Tom fears that UK’s immigration policies would even reject her as the wife of a British citizen.

He never would have believed without firsthand experience, how discriminatory and contradictory his country’s immigration rules are.

Tom now regularly visits Ukraine where he tours successfully as a musician, selling out venues and generally being met with a great deal of support there. Olya has now met Tom’s family during a holiday in Cyprus. The couple remains closer than ever yet kept thousands of miles apart for ridiculous bureaucratic reasons.

Article 8 European Convention on Human Rights states: "Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."

Tom’s certain this is not being honoured in their situation.

Olya on Twitter : https://twitter.com/olya_dzhygyr

Svetlana & Alan

“I’m afraid that by the time any positive decision will be reached on my 85 year old blind mum, there will be no one left to bring home.”

Svetlana and Alan are British citizens living in Walsall.  Svetlana is a qualified doctor in Ukraine and she also qualified as an optometrist at Aston University.  Alan is a schoolteacher with a degree in electronics, and he is also a good musician.

Svetlana’s parents are Ukrainian.  In 2008, both her parents were granted indefinite leave to remain. In 2008 the visa took two days in total from process to delivery.

They returned to Ukraine for a visit, but when her father became ill, they were unable to travel back to the UK as per medical advice.  So they ended up, for reasons beyond their control, staying outside UK for over the two years within which they are required to return in order to maintain their indefinite leave to remain.

In August 2013, Svetlana’s father passed away.  Her mother, Oleksandra is now 85 years old and certified blind (severely visually impaired) by doctors in both, the UK and Ukraine.  Her only living relatives are Svetlana and Alan on whom she is wholly physically and financially dependent.

Oleksandra needs help with washing, dressing, cooking and other everyday tasks. Oleksandra is not entitled to social care in Ukraine – which excludes cooking, help with washing, dressing etc anyway - because she has a daughter (Svetlana) who is alive and of working age.  Paying for private round the clock care is not financially feasible.

Moreover the family believes it is a human right to stay with family who will look after you.  Svetlana is adamant.  Her mum will be safe at home in Bloxwich.  She will be well looked after, as both Svetlana and Alan are settled and present in UK, with quite well paid jobs.

Svetlana made the application for her mother’s indefinite leave to remain to be reinstated.  She was told that Oleksandra would need to re-submit her biometrics before the application could beconsidered, despite the fact that the Home Office already has this information on their systems.

Indeed, they could have shown some flexibility in requiring the submission of biometrics were the ILR to be granted.  However they insisted this had to be done at the first stage.  Even though the Home Office allows their agencies to exercise discretion on this.

So the family undertook the 14 hour train journey to Kiev in 30 degrees heat, with an 85 year old widow to submit biometrics at an office with no lift and several flights of stairs, some steps broken and extremely difficult to navigate.

About a month later, including support from their MP, David Winnick, also on the Home Affairs Select Committee in support of their case, they received Oleksandra’s passport back, along with a Refusal of Entry Clearance.

The refusal was on the basis that Oleksandra has been away from UK more than 2 years, despite there being clear evidence that her not returning to the UK was due to compassionate circumstances, beyond anyone’s control.

Oleksandra’s application contained supporting evidence her deceased husband’s deteriorating health prevented their travelling back to the UK.   However this was completely ignored by the Entry Clearance Manager, despite this being allowed for in the Immigration Directorate Instructions.

Svetlana and Alan are now at a loss.  They are both using their holiday entitlement for 2013 to stay aslong as possible in Ukraine.  They never imagined that a visa which was granted in two days in 2008 under the previous government, would now take nearly four weeks only to be given a refusal. 

Their employers have also granted them limited compassionate leave.  However, both have been away from their jobs since 2nd August. Svetlana is an optometrist in a private practice in Bloxwich. Alan is a schoolteacher working in a Stafford school, who should have returned to school on 2nd September.

They cannot leave their blind mother/mother in law on her own.  It is dangerous and inhumane to do so.

However, there is a limit to the amount of time Alan and Svetlana can be away from their jobs as they have a mortgage to pay.  Also, Ukraine doesn’t let British citizens stay for more than 90 days.

They cannot fathom how their government could refuse the right for a blind disabled woman to live with her only remaining family without recourse to public funds!  

Although the family could appeal, the process will take several months.  Oleksandra cannot be left to fend for herself for that length of time.  The family’s problems are compounded by the fact that Alan’s parents, in the UK, are both 95 years old, double incontinent, suffering from dementia and heart problems.  They also need support from Alan and Svetlana.

The family is afraid.

They are afraid that Alan may not see both his parents together again, given the uncertainty around when he can return to the UK.

They are afraid that by the time any positive decision is reached on Oleksandra there will be no one to bring home.

'A Downham family-of-six says it has been ripped apart by new immigration laws preventing the father from meeting his newborn daughter.

'Despite having lived in the UK for 12 years, Albanian-born Edmond Danushi is currently stuck in his home country while his devastated family beg authorities to allow him home.'

http://www.newsshopper.co.uk/news/10623674.Downham_father_of_four_unable_to_return_to_UK_and_has_only_seen_his_youngest_on_Skype/
---

Eastbourne bride kept apart from husband by visa red tape.

http://www.theargus.co.uk/news/10624802.Eastbourne_bride_kept_apart_from_husband_by_visa_red_tape/

'Norah Stewart, of New Langney Court, Eastbourne, met her husband, Mouhamed Moulahi, in Tunisia in May 2010 and the couple were married in a religious ceremony in January 2011.

'She said: “I work six days a week, I still have to support my two youngest children. What more can I do?

' “I’m a hard worker, I work to support my family and have always worked – I’ve never relied on benefits.” '
---

Tom and Olya's story.

http://familyimmigrationalliance.wordpress.com/2013/08/21/tom-olyas-story/

'... Article 8 European Convention on Human Rights states: “Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

'I would argue that this is currently not being honoured in our situation.

'My question is this: where would you go from here? What would you do in our situation and who’s emails would you track down or try to convince? Would you be as frustrated and confused as we are?'
---

Middlesex University briefing: The fiscal implications of new Family Migration Rules: What does the evidence tell us?

http://www.migrantsrights.org.uk/files/news/Family_migration_costs_briefing-9-7-2013.pdf

... as this briefing will show the Government’s own dat a suggests that non-EEA partners, who have the right to work in the UK but not claim most benefits , were never a burden on the welfare state. Evidence in fact suggests that, by preventing up to 17,800 migrant partners from coming to the UK every year , the newincome requirement may be costing the public purse rather than saving it money.
---

'They want to take my wife but I will not let that happen'.

http://www.southwalesguardian.co.uk/news/10608526.__39_They_want_to_take_my_wife_but_I_will_not_let_that_happen__39_/?ref=twtrec

The Tycroes pensioners who face being ripped apart by immigration services after 10 years of marriage have received the news they most dreaded. 
---

The government is trying to gag Hope Not Hate.

http://www.hopenothate.org.uk/gagging-hope-not-hate/

'By design or default this Bill will severely restrict the ability of organisations like HOPE not hate to function and combat fascism, racism and other forms of extremism. It is nothing more than a Gagging Bill, limiting democracy, political involvement and criticism. At a time when trust in political parties and politicians is at an all-time low we need to increase involvement and participation in the democratic process rather than limiting it.'

The new Lobbying Bill will criminalise even basic campaigning by Trade Unions :
http://liberalconspiracy.org/2013/08/19/the-new-lobbying-bill-will-criminalise-even-basic-campaigning-by-trade-unions/

Megan & Max

“Love is and should not just be a privilege for the rich.”

Megan is a British citizen married to Max, from Ukraine. They are both performers, who met whilst working on board a cruise liner…and fell deeply in love.

After two years together, they decided they wanted more than a ship life..they wanted a family; to build a future on land; to be close to Megan’s family in south Wales; to be there for Megan’s mum who is disabled.

So they married in February 2012, excited at a future together. Max returned to Ukraine to prepare for the visa. Megan remained in south Wales and embarked on a new career as a carer, taking her NVQ’s and a starting on a promising career ladder. A carer, a role which the government is crying out for more people to take on, and one Megan is enjoying immensely, in spite of, or perhaps because of, the long hours and hard study it requires.

In this, Megan feels like she has found her calling and is thriving.

She rented a small flat and decorated it, expecting it to be their starter marital home. Not once did they consider the option of any government handouts. Being together is their dream, their responsibility. They are just a young couple in love.

So when they were hit with the July 2012 rules, it felt like their lives had been torn apart. As a carer, Megan earned enough to support them both if needed, though Max would work as well, well able to cover their expenses living in a small Welsh village. However, determined to be with Max, Megan gave up her dream job in favour of a job in the insurance industry, paying £18,000..a role she detested.

Since then, Megan has been in two car crashes, suffering from anxiety and depression. A direct result of the stress, pain and heart ache she has had to endure because of the immigration rules. Ironically, rather than reduce the burden on the taxpayer, Megan’s medicines have required government funding – an expense which would not have been incurred in the first place if the rules had been fair. (Revealed : The financial cost of Theresa May's immigration policy : http://britcits.blogspot.co.uk/2013/07/revealed-financial-cost-of-theresa-mays.html )

Megan loves her husband. He is her world, her heart, her everything. All she wants is for them to be together. They have so much support from their family and a strong youthful passion to succeed.

They don’t want handouts.. They just want to be together.

Love is not and should not be a privilege for the rich.

Alex

“The parents issue is the most important thing to me and I will move countries if I have to rather than abandon them…but I shouldn’t have to leave my home when I can guarantee to look after them with no recourse to public funds.”

Alex is a British citizen from Dartford, Kent with Oxford University as his alma mater. A property
investor and entrepreneur in the UK for 12 years, he has financially supported his parents in Ukraine during this period as well.

His parents are both 65 years old, living in rented accommodation in Ukraine because they sold their property with the intention to move to the UK and bring their life savings with them. They have no relatives other than Alex and his wife. They somewhat know the UK, having stayed here for a month or two every couple of years, but travelling is proving more and more difficult with age and its unavoidable symptoms.

Alex has worked hard and is earning over £100,000 a year. He is not on benefits (indeed, he wouldn't even qualify). He wishes to have his parents with him here, to enjoy and share his success, after years of hard work and sacrifices made by them all. It's well overdue. His parents would not qualify for benefits in the UK, with a very clear no recourse to public funds stamped in their passport, but Alex is willing to sign a waiver, provide a guarantee and take out private healthcare cover to alleviate any such fears this government might have nonetheless.


However under the current immigration rules this is still impossible. Now Alex is not just going to shrug his shoulders and say, "oh well" and think by sending money to Ukraine his responsibilities are fulfilled. No, that’s not how he was brought up and it’s not how he would want his children to treat him. So Alex is considering moving countries. Going to another EEA country for a year or so where he can have his parents with him and then using the Surinder Singh route to return to his home, the UK, with his parents. What is being denied to him by the UK is allowed to him by Europe.

With his excellent credentials, he has already had job offers from Frankfurt and Zurich but does not want to leave unless forced to. For him though the parents issue is the most important factor at the moment and one for which he will move if he needs to. The point remains that he should not need to.

With him will go his money for a year, the boost so sorely needed by our economy.

Yes, Alex intends to return. But he might fall in love with his new home and never do so (supporters of Tory net migration target with hands up in victory are oblivious to the fact that by encouraging exile of our citizens we are damaging our own future).

Even if Alex does return, he won't forget what this government has done, and what the opposition has let them do. People never do forget when it’s their own family and family life that is threatened. And the saddest thing is - unless there's a change pronto, he won't ever trust the system in UK again, because it will have failed him.