Total number of spouse visas processed and refused by selected nationalities, 2016

Author : Steve

A while back I made this Freedom of Information request in response to an online discussion, as I was curious about numbers of rates of refusals for a balanced selection of different nationalities, including some of the most common countries for foreign spouses. The text of the request is here :

I would like to request the following information under the Freedom of Information Act.

1. Total number of spouse visa applications processed for the following nationalities from January 1 2016 to 31 December 2016 : 
Argentina, Australia, Brazil, Canada, China, Egypt, India, Israel, Japan, Mexico, Nigeria, Pakistan, Russia, South Africa, Thailand, Turkey, United States

2. Total number of refusals for spouse visa applications processed for the following nationalities from January 1 2016 to 31 December 2016 : 
Argentina, Australia, Brazil, Canada, China, Egypt, India, Israel, Japan, Mexico, Nigeria, Pakistan, Russia, South Africa, Thailand, Turkey, United States

This was for a whole year, to even out anomalies such as local holidays. The response is in (see link above) and includes data per quarter, with information about applications made, processed, refused, withdrawn, and lapsed.

The table below shows the numbers of refusals divided by the number of applications over the whole year, followed by a percentage of refusals/applications. Note this comes with a few caveats, e.g. withdrawals and lapses are included in the total so don't assume that every visa not refused was processed; however the numbers for withdrawals and lapses are very low and wouldn't make much difference to the overall figures even if excluded. Note also that an application made in 2015 or 2016 may not be processed until 2016 or 2017.

These are included without comment as there is likely more than one reason for the differences. However the results are enlightening and seem to match the lived experience of both BritCits members and members of other online support groups and forums.

Country Refused/Total = Percentage (2016)
Japan 17/272 = 6.3%
Argentina 4/42 = 9.6%
Australia 93/881 = 10.6%
SouthAfrica 99/834 = 11.9%
Russia 70/582 = 12.0%
Canada 73/517 = 14.1%
USA 371/2544 = 14.6%
Brazil 76/480 = 15.8%
Mexico 28/175 = 16.0%
China 222/1071 = 20.7%
Israel 19/87 = 21.8%
Thailand 242/1094 = 22.1%
Turkey 176/787 = 22.4%
Egypt 102/338 = 30.2%
India 1236/3888 = 31.8%
Pakistan 3032/7472 = 40.6%
Nigeria 555/1131 = 49.1%

Note to the reader : You can make your own FOI request at whatdotheyknow.com, and I think an FOI request is something everybody should do at least once in their lives.

Lauded therapist Harley Miller still in limbo as battle to stay in Britain drags on

Source : Independent

http://www.independent.co.uk/news/people/lauded-therapist-harley-mille-still-in-limbo-as-battle-to-stay-in-britain-drags-on-9679464.html

'Specialist children’s counsellor Harley Miller finds herself stuck in a seemingly unending struggle to remain in the UK the Australian is as frustrated by court delays as she is with the idiosyncrasies of immigration law.'


Immigrant stories: The psychotherapist and the letter of proof : http://www.politics.co.uk/comment-analysis/2014/01/17/immigrant-stories-the-nhs-nurse-and-the-letter-of-proof

Fury at Border Agency over case of the Australian NHS therapist given just a few days to leave Britain :
http://www.independent.co.uk/news/uk/politics/fury-at-border-agency-over-case-of-the-australian-nhs-therapist-given-just-a-few-days-to-leave-britain-8935743.html

Deportation of the valuable and vulnerable :
http://britcits.blogspot.co.uk/2013/11/deportation-of-valuable-and-vulnerable.html

Harley Miller on Twitter :
https://twitter.com/HarleyM65

UK visa changes a shock for British citizens and their Australian partners

http://mobile.abc.net.au/news/2014-03-22/uk-visa-changes-a-shock-for-british-citizens-and/5338990?section=vic

'It's estimated hundreds of British citizens living in Australia are being prevented from returning home with their Australian partners because of recent changes to the country's visa rules.'

Well, if you call July 2012 recent... it's not like we didn't try to get the message out.

Harley Miller in the UK.

https://www.facebook.com/HarleytheImmigrantUK

'On 31st October my renewal application for residency in the UK was rejected after legally living here for 9 years. This page is about this experience.'

Fury at Border Agency over case of the Australian NHS therapist given just a few days to leave Britain :
http://www.independent.co.uk/news/uk/politics/fury-at-border-agency-over-case-of-the-australian-nhs-therapist-given-just-a-few-days-to-leave-britain-8935743.html

'Mariam “Harley” Miller, a 48-year-old specialised therapist who lives in south London, was given 28 days’ notice to leave the country by the UKBA after waiting years for a response to an application to stay.

'Despite the Home Office saying it wants to encourage highly skilled migrants in the UK, Ms Miller, who is a qualified systemic therapist with two masters degrees, has had her application to stay refused.

'A posting about her experience on Facebook over the weekend already has more than 1,700 likes and been shared around the world.

'She wrote: “I have been in this country for nine years. In the whole of that time I have worked for the NHS, in the child and adolescent mental health sector, helping young people of this country through sometimes quite severe mental health problems.”...'

More Facebook campaigns : http://britcits.blogspot.co.uk/search/label/facebook
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Spousal Immigration: an ignored homewrecker.

http://commentual.wordpress.com/2014/01/05/spousal-immigration/


'A friend of mine is in love. I recently found out she’s engaged to the man she met years ago, and they are to hold their wedding this year. But here’s the twist: the man in her life wasn’t born in the UK, where my infatuated friend was born, and lives. This means that their love has had conditions placed upon it. Not by her, and not by him but by the UK Border Agency.'

Undercover journalists publish firsthand account of asylum seeker journey to Australia.

This is gripping :
http://www.nytimes.com/2013/11/17/magazine/the-impossible-refugee-boat-lift-to-christmas-island.html?ref=magazine&_r=1&

'An undercover journalist has detailed how he and a photographer posed as asylum seekers and took an epic journey from Afghanistan's shady currency markets to Jakarta and on to a flimsy open-decked wooden boat that delivered 57 desperate people to Christmas Island.'

Via Metafilter : http://www.metafilter.com/133886/From-Afghanistan-to-Christmas-Island

(On a similar theme, 'La Pirogue' is being premiered tomorrow - http://www.meetup.com/BritCits/events/145038692/ . 'Acclaimed at the recent Cannes Film Festivals as one of the most important works to come out of Francophone African cinema in the last year, it tells the harrowing tale of an attempted boat journey from West Africa to the Spanish territory of the Canary Islands.')

I also can't help but think of BritCits member Aisha's story as publicised here : http://britcits.blogspot.co.uk/2013/05/aisha-my-partner-and-i-met-in-august.html .
I do understand thought that there are some positive developments with this family - and that all is well.

Open letter to the British people from an Australian citizen.
 
"Announcement:

Hello my friends,

You may have noticed that recently I have been posting up lots of political articles, some of which you may agree with, others not. Many of those articles have been about immigration. Some of you may even know why I've been putting those posts up - out of protest.

You see, as an Australian living in the UK, I am an immigrant. In recent times, I have seen how there has been an increasing political campaign by a particular party which very much scapegoats immigrants for what is going on n this country. Sadly, the other parties, afraid of losing votes, have followed suit.

The point of this post is not to get into a political debate with you. Quite frankly, I'm not interested in a debate. The reason why? It's very simple. It has affected me directly.

Izzy in the Mid Sussex Times today

More : http://britcits.blogspot.co.uk/search/label/izzy

Good news for Izzy and Phil.

http://www.theargus.co.uk/news/10677565.The_Argus_wins_campaign_to_stop_dad_being_deported/

'A loving father will no longer be torn apart from his family, thanks to a campaign by The Argus.

'Immigration bosses have announced a U-turn on the decision to deport father-of-three Phil Sommerville back to Australia.

'After enduring nine months of “hell”, Mr Sommerville, who lives with his British wife Isabel and their three children in Bolnore Village near Haywards Heath, has finally had his application for a visa approved...'


'... Phil said: “It’s a slightly bittersweet moment because we might have to go through the same thing again in two years.
“We have lost nearly a year of our lives because of this and it’s cost us a fortune because I haven’t been able to work.
“But for now it’s just a huge relief and the kids are overjoyed."'

Previously :
http://britcits.blogspot.co.uk/search/label/izzy

Izzy's Twitter feed :
https://twitter.com/funkyphils

Judge criticises errors in Haywards Heath dad deportation case.

http://www.theargus.co.uk/news/10618568.Judge_criticises_errors_in_Haywards_Heath_dad_deportation_case/

 A judge said she was “concerned” about the number of errors made by the Home Office who are trying to deport a father-of-three.

Australian-born Phil Sommerville, 46, attended a court hearing to appeal the decision to send him back to Australia yesterday (FRI) but the tribunal was adjourned as the Home Office did not have the necessary documentation.

More :

http://britcits.blogspot.co.uk/2013/07/izzy-and-phil-argus-hoping-letter-will.html

http://britcits.blogspot.co.uk/search/label/izzy
---

Star-crossed couple get married in USA.

http://www.barnsley-chronicle.co.uk/news/article/6866/star-crossed-couple-get-married-in-usa

A Barnsley teenager kept apart from his American sweetheart by UK immigration rules has married her in the USA.

Alex Firth, 18, of Osborne Mews, met Jamie Freeman, 19, who lives in Georgia, on the internet last September on a language learning website.

Previously :
http://www.barnsley-chronicle.co.uk/news/article/6744/red-tape-keeps-teen-lovers-apart

Friend backs Haywards Heath dad’s deportation battle with Home Office.

http://www.theargus.co.uk/news/10558315.Friend_backs_Haywards_Heath_dad___s_deportation_battle_with_Home_Office/

A friend and former colleague of a father-of-three who faces deportation has spoken in support of his campaign to stay in the country.

Phil Sommerville is waiting for a second appeal into a Home Office decision to deport him to Australia – leaving behind his British wife Isabel and their three children.

http://britcits.blogspot.co.uk/search/label/izzy

Isabel : 'The system is failing my family, it's failing your family. These are desperate times. My children need their daddy. I need my husband.' -
http://www.jcwi.org.uk/blog/2013/07/16/divided-families-campaign-video

Izzy and Phil

Argus hoping letter will help Haywards Heath dad stay in UK.

http://www.theargus.co.uk/news/10544301.Argus_hoping_letter_will_help_Haywards_Heath_dad_stay_in_UK/

BritCits Phil and Izzy step up their campaign. It was a real pleasure to meet Izzy and their lovely son Cooper at the 9th July demo. Cooper even led some chanting - 'Don't deport my daddy'. The question arises - why does a 9 year old know what the word 'deport' means? What kind of society is this???

There is also a magnificent campaign on behalf of the family, with support from the local press. Beautiful to see.

 The Argus has sent a letter to the Home Secretary as it steps up its Don’t Deport Our Daddy campaign.

Australian father-of-three Phil Sommerville was told in April that he will be sent back to Australia – despite his British wife of 12 years and their three children who live in the UK.

His worried wife, Isabel, hopes the letter will spark an interest from Home Secretary Theresa May.

She said: “I hope the letter will be taken seriously and that TheresaMay will listen to us. As a family we have to have hope because what other choice do we have?

“It’s such a terrible situation to be in and I can’t really believe that it is my situation, mine and my family’s.”
The nightmare is based on a letter the Home Office claims to have sent in March requesting more documents to support Mr Sommerville’s visa application, but the family say it never arrived.
The family sent off the required papers for their second appeal on July 3, however they are still in the dark about when the judge will make his decision.
Mrs Sommerville said: “We are just playing a waiting game.
“We don’t get a court date as we chose not to go to court in the original appeal because we were assuming the outcome of the appeal would be fine.

“We appealed in April and only got the decision last week so we don’t know if it will take another three months or will it be quicker. We’re just in limbo really.”
Yesterday, Mrs Sommerville and her son Cooper, 12, were among hundreds who attended a protest outside the Home Office in London.
The demonstration marked a year to the day from when immigration laws ruled the spouse of the visa applicant must earn at least £18,000 before their visa can be approved.
MrsSommerville said: “There must have been a good couple of hundred people there and sadly there were about 35 other families that have an equally terrible story to tell.”



Links :
http://www.theargus.co.uk/news/10544301.Argus_hoping_letter_will_help_Haywards_Heath_dad_stay_in_UK/

http://www.theargus.co.uk/news/10533520.Support_for_Haywards_Heath_father_facing_deportation/

http://www.theargus.co.uk/news/10529653.___Mistakes____by_Home_Office_in_case_of_Haywards_Heath_dad_facing_deportation/?ref=nt
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Jenny

'I am British and have been living in Australia for the past 9 years.

'I have an Australian husband and 3 year old daughter. I was 20 when I met my husband and I didn't think there would ever be a problem for us to return to the UK further down the track.

'My daughter can get a British passport and is able to come to England. The new rules mean I would have to go to England and find a job that pays a large salary before I could bring my husband there.

'This is totally unrealistic for us. I am a stay at home mother here in Australia and have been since my daughter was born. I couldn't leave my daughter here with my husband, yet I couldn't bring her to England with me and put her into a daycare full time when she has never been looked after by strangers. Especially after moving her half way around the world.

'To top it off she would be separated from her dad, - all while I'm trying to find a job that pays such a huge sun, that has hours flexible so I can look after my child single handedly while my husband is left in Australia.

'Impossible for us.

'The new rules seem very unfair for families like ours.'

Steven

Steven

'I am a UK citizen and my partner is Australian. We wish to move back to the UK for a number of reasons.

'My father was ill last year. My grandparents are very elderly. I wish to spend some time with them. 

'I am currently in the UK trying to find work so that we can get our visa but am struggling to find anything above 18,600 at the moment. 

'We have a time line after which my average earnings for the past 6 months will be too low and we will no longer be able to apply for the visa unless I have worked in the UK for 6 months. So by wishing to live in the UK we must potentially spend almost a year apart or else I have to live in permanent exile.

'The other option is for me to exercise treaty rights in another EEA country. This is not our first choice but frankly while it is in place we will use this route if necessary. It is unjust and unfair that we find ourselves in this situation.'

They're going to dry clean all your shirts...

Australian Natalie Tran takes down racist trolls awesomely.

http://www.thedailyblender.net/2012/01/australian-natalie-tran-confronts-racism-awesomely-my-seeds-and-your-grandchildren-exotic-video.html

Anne

Via Comments. Anne's story, in her own words, highlights the human cost of the rules - as well as their effects even on those who are financially secure : 

I don't know if I will ever see Scotland again.  

'I HAVE BEEN HERE in Australia for 45 years. I wanted to spend these later years in my home country which is Scotland. We got a shock when my Aussie husband of 43 years applied for a visa.

It was going to cost at least £600 and there is no guarantee that he would be successful. We have been told that you get knocked back for the least wee thing.

We have the money to buy a house in Scotland and our combined Aussie pensions equate to £300 a week. All this is not good enough. I can't understand why these terrible rules are in place.

Australia is a Commonwealth country and Australians fought with and for Britain in every war. I personally think it is time Australia got out of the Commonwealth as the British Government are treating her people like dirt. They are doing the same to the Kiwis, the Canadians etc.

We would NOT be a burden on the British Taxpayer as we have more than enough to look after ourselves. As I said nothing seems to be good enough for Theresa May, David Cameron etc.

I don't know if I will ever see Scotland again. Thanks for nothing Theresa May. These rules are inhumane. '

Ruth

“We live a simple life …yet I am being kicked out of my own country”

Ruth is a British citizen who, in 2012, married an Australian.

Ruth and her husband are both volunteers with a Christian charity in the UK and neither of them individually earns £18,600.

They live a basic lifestyle and don’t feel the need to earn a high salary for material possessions, which they neither need, nor want.

They have no reason to claim benefits, given what they have themselves, and the additional support they receive from the church and their family.

They’re married, and they don’t want to be apart. They work as volunteers – is there any better way to be contributing to your community? So Ruth feels like she is being kicked out of her own country.

A couple who isn’t crazy about the latest gadgets, or having the best house, or designer goods. A couple who because of these rules have endured endless upset, stress, sleepless nights and fear, for what the future will bring.

A couple who because of these rules is being forced out of a country they contribute to, selflessly.

Clara

“It's about love. It’s about respect. And it's about responsibility.”

Clara is a British citizen. She has been living in the UK for over 12 years. She worked for the British
government, paid her taxes and never claimed a penny in benefits. Clara wants the right to live with her Australian parents, who have no other family there.

Clara is happy to provide financial guarantees to the government. She is happy to provide a bond. She is happy to take out private healthcare cover for her parents to reduce their reliance on the NHS. Her parents would bring their assets to the UK as well, if they were going to live here, thus boosting our economy.

Clara’s parents would not be entitled to a UK pension nor would they be entitled to any other benefits. (incidentally, Clara has never claimed a penny in benefits). Despite this, the government will not allow Clara to live with her parents. But this isn’t about money. At least, it shouldn’t be.

It's about respect for those who gave us life, education and opportunities so we could have a better life. It's about love. And it's about responsibility.

Clara will not dump her parents in an old people’s home, halfway round the world, when they need her the most; where she can’t even meet them once a month let alone more frequently. And she will not let this government force her into abandoning her parents – nor will she be forcibly exiled from her home.

“If they didn’t want my parents here, they should have told me 10 years ago and I'd have planned
accordingly, rather than suggesting they could join me here they were 65. Doing it at this stage, blocking the route off so spectacularly and suddenly (when the route to retired people of independent means has also been closed off), when I have worked so hard, invested everything in the UK, bought a house and made a life here is not acceptable.”

The New Rules

The new rules are such that your parents have to be completely alone – no family and friends in their home country. They also have to be so incapacitated that they can’t dress, wash or cook for themselves. But even that’s not enough. To put it bluntly, if a British citizen earning a very good salary had a parent who was paralysed halfway round the world, they would still not be able to move their parents to the UK to look after them. So if your parents are healthy, they’re not welcome; if they require help to do basic things, again they’re still not welcome. If you’re well off, they’re not welcome. If you’re not well off, they’re not welcome. If they’re well off, they’re not welcome.

An example response Clara received from Mark Harper, Minister for Immigration, cites the cruelty of the rules:
“A person (aged 85) lives alone in Afghanistan. With the onset of age he has developed very poor eyesight, which means that he has had a series of falls, one of which resulted in a hip replacement. His only son lives in the UK and sends money to enable his father to pay for a carer to visit each day to help him wash and dress, and to cook meals for him. This would not meet the criteria because the sponsor is able to arrange the required level of care in Afghanistan.”

Clearly, there is NO value placed on the peace of mind that comes with being able to look after your parents, giving them company when they need it most, seeing them regularly, taking care of them yourself.

There is no respect allowed for those who often are the ones responsible for these Brits being here and contributing so fantastically to the economy and society.

Despite Clara having made several requests to various politicians, not one has been able to give an example of a situation where someone satisfies the criterion under the new rules, yet is physically able to get on a plane. The rules have been designed so that no one qualifies.

Those with a foreign spouse have a seemingly arbitrary income threshold of £18,600 to satisfy. On an income of five times this, a British person could now sponsor a foreign spouse and over 20 of their children to join them in the UK. But it’s somehow not enough to bring in ONE parent.

It’s absurd, insulting and rude. It’s discriminatory, ageist and racist. It’s an indirect method to force first generation British citizens to leave the UK.

Alternatives

The need to manage immigration is understood by Clara. But penalising British citizens who have never claimed benefits, just because they are first generation British, is not okay – and having criterion in place that even this government can’t give examples of anyone satisfying is certainly not acceptable.

This government did not do any research in coming up with these rules – indeed they ignored the advice in the Migration Advisory Committee’s report when it comes to parents of British citizens – a report they quote to justify the £18,600 income level for spouses. They just selected bits from the report to suit them, not considering alternatives, such as:
a) Mandating private healthcare insurance for parents;
b) Requiring the sponsor / parents to pay a bond to be held against the parents accessing welfare benefits, similar to the system in Australia;
c) A quota system, limiting the number of people a citizen can sponsor every X years. Australia has this in place for the sponsoring of a foreign spouse, to prevent abuse;
d) Reserving the right to sponsor parents as one for British citizens only, rather than just residents;
e) Requiring financial guarantees from sponsors that they will look after their parents;
f) Having a minimum income criterion for the sponsor.

What is required
g) Clarification of situations – case studies showing how someone can satisfy the rules to sponsor their parents who are still physically in a condition to get on a plane to come here.
h) If the intention is to prevent parents from coming here altogether, amend the policy so that this is clear, so there is no farce or pretence, and explain why.
i) Explain why we British citizens have fewer rights in our own country than the non-EEA spouse of an EEA citizen, who can bring in their parents, siblings, children, grandchildren and grandparents, and even aunts, uncles and cousins, without any guarantees or private healthcare cover. Yet, these rules have been brought in that completely close off the route to a Brit having their non-EU parent here, even where guarantees are provided. It's preposterous that this government has placed we
British citizens in a situation where we are second-class citizens in our own country!
j) Disclosing information on the consultation and research carried out to show that amending the rules in this fashion is justified, and this would address the concerns of NHS and social care costs that can't be met by other alternatives.
k) An explanation of why £18,600 is considered sufficient for a spouse with a few thousand more for each kid, while even a salary of five times that – which under the new rules allows UK sponsorship of a foreign spouse and over 20 children – isn't sufficient for a British citizen to sponsor one parent. How does the research carried out – if any – justify this?
l) Explanation of why British policy on parents is so different from other countries with a similar way of life to ours: Australia, New Zealand, USA and Canada. The government’s response cannot be that they don’t comment on policies implemented by other countries, as the rules in place in other countries for foreign spouses were used to justify the income threshold brought in for the spouses of British citizens.
m) Why isn't reciprocity with countries like Australia, the USA and Canada considered? More British
parents move to these countries than the other way around.