From Bang and David: News!

Source :Wang Bang / David Rushmer / I love my foreign spouse Facebook group

This has just been posted on the I love my foreign spouse Facebook support group by Bang :

'After a one year battle, we won our appeal!
(To watch our documentary film please click the link of Google Drive below)

'Our court day came in early August 2014. We had 11 witnesses attending the courtroom including my parents-in-law, my sister-in-law, and most of our common friends, although many of them had to stand outside because of the limited availability of seats in the courtroom. The hearing lasted for about 45 minutes. The Judge ended by saying, "I hope my decision will bring an end to this matter."

'Four weeks after we received the final determination from the First Tribunal, the Judge produced a carefully written report pointing out every error in my wife’s refusal, and our appeal fee was also refunded.

'In the 7 page long statement, the Judge said:

'There is a strong evidential base for inferring that the future intention of both parties is to live together as husband and wife. The supporting evidence appears to have been overlooked because of the focus on previous applications…

'I have no hesitation in finding on the voluminous evidence before me that there is a genuine and subsisting relationship between the parties. The evidence is well documented and supported not only by a documentary record but by the sponsor who I found to be a credible witness. He provided a straightforward and plausible account…
'Setting these concerns against the evidence regarding the current relationship and the development of that relationship since 2012 I find that the Appellant has demonstrated an intention to live permanently in the United Kingdom. Both of them are mature adults who have entered into this relationship with considerable regard for each other and their respective families. They are deeply committed to each other, share common interests and enthusiasm for literature and poetry in particular. The sponsor occupies a responsible position in the academic world and is responsible for the care of elderly parents. He has the strong support of colleagues and a wide circle of friends who know him…

'The Appellant has demonstrated through her actions in seeking leave, namely returning voluntarily to China, maintaining this close relationship, committing herself to marriage and submitting an application from outside the UK that she has a settled intention to live together with the sponsor…

'As indicated above I have taken into consideration her previous applications. I do not find in them anything which would suggest that the previous relationships were used in order to contrive entry clearance into the United Kingdom. In all the circumstance I find that the refusal decision was not in accordance with the law and Immigration Rules.

'No appeal has been lodged by the Home office against the Judge’s decision, therefore the determination is final and my visa will be issued.

'All our families and friends are over the moon. We cannot wait to share this good news with everyone who has been kind enough to support us. We would like to especially thank everyone in this group, thank you so much for sharing your stories, advice, experiences, happiness, kindness and compassion, your support has given us great strength to fight for justice. We would also like to say a big thank you to BritCits, who have been outstanding in defending the rights of international families and documenting the plight of those divided families, and a big thank you to Steven Green from BritCits, Journalist Michael Allen from The Independent, freelance Journalist and writer Hsiao-Hung Pai, Journalist Claudia Leong from Cambridge Tab and all the people who have helped us to gain publicity on various social medias, and 2,164 supporters who kindly signed our online petition.

'And finally, a big thank you to our lawyer, Paul Richmond from Richmond Chambers Immigration Barristers(winner of numerous prizes including the Best Immigration Set of the Year in the UK at 2014 Global Mobility & Immigration Award. )

'We will continually fight for a humane immigration policy with you for a fair and better society.
Please don’t give up hope! Never give up!
Love and hugs from David and Bang
xxx

A FILM:
our marriage.mpg
https://docs.google.com/file/d/0BxQ7py3TeOx4ZHl1QmljbVZwSFU/

David's update on change.org :
https://www.change.org/p/uk-border-agency-our-marriage-is-not-a-sham-please-sign-the-petition-and-help-me-get-my-wife-back-home/u/8209560
'... Don’t forget we are still only one couple of approx 17,000 people currently separated by these rulings, do continue to give them your support.'

Bang's blog :
http://wangbangy.tumblr.com/

David and Bang's story :
http://britcits.blogspot.co.uk/2013/10/david-bang-we-are-aware-many.html
“We are aware many applications despite satisfying all requirements are being refused for trivial or erroneous reasons...”

Bang's interrogation :
http://britcits.blogspot.co.uk/2013/10/account-of-interview-in-british-embassy.html

Paradise Lost? Help Cambridge librarian bring his wife home!
http://britcits.blogspot.co.uk/2014/05/paradise-lost-help-cambridge-librarian.html

http://britcits.blogspot.co.uk/2014/05/our-sham-marriage-httpwangbangy.html 

Malta in a Nutshell


Author: David and Dee of  An Undivided Family in Malta blog and Facebook community

http://www.scribd.com/doc/237241220/Malta-in-a-Nutshell

A guide for those exercising free movement rights with their families in Malta. Shared with permission.

A companion piece to 'Surinder Singh for Newbies' (general / Ireland) by David B.  and  'Surinder Singh in the Netherlands' by Amanda Briggs-Hastie.

For more support or information (especially if you are going through or considering the route), check out EEA visa - EU free movement : https://www.facebook.com/groups/650212281695959

Update 25th August 2014 :

Happily Dee has now been granted her family permit.

She says -

'Here is our timeline and documents submitted for our Family Permit through MALTA. We are looking forward to hearing many more Malta successes:

Arrived in Malta March 31
Dave commenced work April 25th
Bio-metrics done Aug 11th
Family Permit dated August 20th
Family Permit received today August 25th.

The documents we submitted are as follows:

FP Cover Letter - copy in both Malta groups
FP Application
Proof of Work:
Work Contract from employer
Payslips
Tax Number letter

Proof of Residence:

Copy of Rent Book supporting our proof of residence (leaseholder at our residential address)
Copies of both our Malta residence cards showing residential address
Payslip for Dee showing residential address.
Phone and internet agreement showing residential address.

Proof of COL (centre of life) :

Copies of library cards
Copies of store loyalty cards from Carrefour and Smart Stores
Proof of Relationship:
Passport – Non-EU (Canada)
Passport – EU ( United Kingdom)
A copy of our Canadian marriage certificate

We did not pay the Teleperformance fee as we stated to the lady at counter when asked about payment that EEA Family Permits were supposed to be FREE.

If you have any questions please feel free to ask or inbox.

 

Another detention

Original piece on Steve Andrews and Melissa Houghton :
http://britcits.blogspot.co.uk/2014/07/wales-online-hes-from-wales-shes.html

Steve and Melissa were recently married in Gibraltar. Melissa attempted to travel to the UK, and was detained, in circumstances very similar to those of BritCits supporter Dee late last year. You can read Dee's account of detention here :
http://britcits.blogspot.co.uk/2013/11/an-account-of-detention-of-spouse-of.html 

The piece below is via Facebook : https://www.facebook.com/groups/650212281695959/permalink/776822782368241/

Steve writes :
What has just happened after Melissa Houghton and I got married in Gibraltar yesterday and she tried to return to the UK.

--A Very Powerful Letter From Melissa About her Experience of Being Detained and Interrogated on her Wedding Night.---

It feels like I've just let every pain I've ever felt just build up, build up, build up, until some horrible event I can't possibly sugar coat no matter how pollyanna-rose-colored glasses I want to be about it, causes me to completely lose it. I shall try to spill out everything without editing, but even now I feel like I'm being watched, as I have a very kind family law officer looking after me, but still being watched nonetheless. Why do I need to be monitored? It seems they are so concerned about my "emotional state" as I was encouraged to write down any questions that came up in my mind and was told by the nurse that all questions had answers, but I do not think this is really thinking. Not all questions are created equal and they constructing being emotional around here as something to be resisted, something to be covered up by visions of a absolutely great life ahead for me in the future.

Paradise Lost? Help Cambridge librarian bring his wife home!

http://cambridge.tab.co.uk/2014/05/19/paradise-lost-help-cambridge-librarian-bring-his-wife-home/

'The Senior Library Assistant at the English Faculty Library, is battling with the UK Border Agency to bring his wife home.

'48-year-old David Rushmer and his wife, Wang Bang, aged 39, were married in China in June 2013, and have since faced a protracted battle with authorities so that Wang can live in Britain.

'After first meeting in June 2012 on a poetry website, the couple moved in together by November of that year. Despite submitting evidence of their relationship, testimonials from family and friends, and receiving coverage in the national press, Wang’s application for a spouse visa at the British embassy in Beijing remains pending.

'The UK Border Agency believe that Wang’s sensitive work with human rights advocates proves she is only marrying Rushmer to escape scrutiny from the Chinese government, and have so far refused to review the case. This means the couple have been forcibly separated since July 2013, apart from a brief reunion in Thailand earlier this year... '

David and Bang's story :
http://britcits.blogspot.co.uk/2013/10/david-bang-we-are-aware-many.html

Follow Bang's tumblr :
http://wangbangy.tumblr.com

David and Bang's petition  :
https://www.change.org/en-GB/petitions/uk-border-agency-overturn-my-wife-s-spouse-visa-refusal-and-allow-her-to-return-to-the-uk

 

Our 'sham' marriage

http://wangbangy.tumblr.com/post/84911786040

Bang's tumblr :
http://wangbangy.tumblr.com

David and Bang's story :
http://britcits.blogspot.co.uk/2013/10/david-bang-we-are-aware-many.html

Bang's interrogation :
http://britcits.blogspot.co.uk/2013/10/account-of-interview-in-british-embassy.html

David and Bang's petition  :
https://www.change.org/en-GB/petitions/uk-border-agency-overturn-my-wife-s-spouse-visa-refusal-and-allow-her-to-return-to-the-uk

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

My own Buddha

http://wangbangy.tumblr.com/

Wang Bang : A Chinese writer torn apart from her husband by UKBA

David and Bang's story :
http://britcits.blogspot.co.uk/2013/10/david-bang-we-are-aware-many.html

'Having to rely on the compassion of an ultra-suspicious government simply to be able to live with the person you love is a lamentable, exhausting and an utterly depressing experience.'

Bang's interrogation :
http://britcits.blogspot.co.uk/2013/10/account-of-interview-in-british-embassy.html

David and Bang's petition - please sign :
https://www.change.org/en-GB/petitions/uk-border-agency-overturn-my-wife-s-spouse-visa-refusal-and-allow-her-to-return-to-the-uk

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

An undivided family in Malta

http://anundividedfamilyinmalta.com/

'We hope to make this blog a weekly account of our experience of living and working in Malta as an EU national and non-EEA spouse, and look forward to sharing our life with you, our family, friends and everyone else who follows us.'

One family's journey to unity, the European way.

David and Dee's stories : http://britcits.blogspot.co.uk/search/label/dee

Surinder Singh and European free movement : http://britcits.blogspot.co.uk/search/label/surinder%20singh

Great Facebook support group for those considering this route : https://www.facebook.com/groups/650212281695959/

Unhappy Valentine's Day

Via Immigration Insight :

http://immigrationinsight.co.uk/2014/02/13/unhappy-valentines-day/

'Many people will be celebrating with their loved one this Valentine’s Day, but thousands of couples are being forced to spend the holiday in separate countries due to harsh family migration legislation.

'Thousands of couples have been hit by an £18,600 salary requirement for sponsoring the visa of a non-EU spouse in the UK. The unjustly high earnings threshold – which approximately 47% of the UK population cannot afford – means couples have been torn apart and will be forced to spend this special day alone.

'We asked you to email us your stories to us and have chosen two couples separated from their partners to feature in this post...'

 Bang and David

Dee and David

Cambridge University librarian battles Home Office to allow his Chinese wife to stay in Britain

http://www.independent.co.uk/student/news/cambridge-university-librarian-battles-home-office-to-allow-his-chinese-wife-to-stay-in-britain-9034887.html

David and Bang in the Independent - a follow up from yesterday's story!

'A Cambridge University librarian has launched a campaign to prove his marriage to a Chinese woman is genuine after the Home Office labelled it a sham.

'David Rushmer, 48, a senior library assistant, has accused the Home Office of treating him and his wife Wang Xiang “like political pawns just to keep immigration numbers down”.

'“Everybody’s stunned,” he said. “Before I was married I knew nothing about immigration rules. Unfortunately you realise you have to become a bit of an expert if you want to navigate all the traps that are there.”'

Elsewhere -

Heartbreak for Cambridge University man battling to bring wife back from China after marriage branded 'sham' by Home Office :
http://britcits.blogspot.co.uk/2014/01/heartbreak-for-cambridge-university-man.html

David and Bang's story :
http://britcits.blogspot.co.uk/2013/10/david-bang-we-are-aware-many.html

Bang's interview (must read) :
http://britcits.blogspot.co.uk/2013/10/account-of-interview-in-british-embassy.html

Support their petition :
https://www.change.org/en-GB/petitions/uk-border-agency-overturn-my-wife-s-spouse-visa-refusal-and-allow-her-to-return-to-the-uk
-----

In unrelated news...

Spotted on Twitter -
https://twitter.com/NicholasPegg : Bulgarian scrounger, same-sex couple, French immigrant, Peruvian benefit tourist. Has Royal Mail gone mad? pic.twitter.com/BJtp38rADj

Heartbreak for Cambridge University man battling to bring wife back from China after marriage branded 'sham' by Home Office

http://www.cambridge-news.co.uk/Cambridge/Heartbreak-for-Cambridge-University-man-battling-to-bring-wife-back-from-China-after-marriage-branded-sham-by-Home-Office-20140101060030.htm

David and Bang in the local press.

'A man from Cambridge faces a heartbreaking battle to bring his wife back to the UK after their marriage was branded a “sham” and she was forced to remain in China.

'David Rushmer, a senior library assistant at Cambridge University, met his wife Wang Xiang on a poetry website last year.

'The Chinese national first came to the UK on a dependant visa with her ex-husband, who had thrown her out of the house following disputes after just six months.

'She had applied for a ‘Leave to Remain’ visa, with solicitors telling her the process would take two to three months. In the 15 months it actually took to process, she had met David in June last year.

'By November 2012, they had moved in together and David said their lives were “transformed”.

'However, on April 9, the couple were dealt with the “life-destroying” news that her application had been refused. When they found out, David proposed and they married two months later in China.

'David said: “It’s devastating. We are newlyweds and we are being treated like criminals.

'“That is the bottom line. They are suggesting my wife has attached herself to me with the sole intention to gain a UK visa.

'“On December 13 we had been married for six months and I have not seen my wife physically since the beginning of July.”

David and Bang's story :
http://britcits.blogspot.co.uk/2013/10/david-bang-we-are-aware-many.html

Bang's interview (must read) :
http://britcits.blogspot.co.uk/2013/10/account-of-interview-in-british-embassy.html

Support their petition :
https://www.change.org/en-GB/petitions/uk-border-agency-overturn-my-wife-s-spouse-visa-refusal-and-allow-her-to-return-to-the-uk

An account of the detention of a spouse of a British citizen.

Before reading the account below, get yourself up to date by digesting the following :
David and Dee's story as of September 2013 : http://britcits.blogspot.co.uk/2013/09/david-dee-home-office-has-appealed-high.html
'Dee is in a detention centre tonight' : http://britcits.blogspot.co.uk/2013/10/british-citizen-davids-canadian-wife.html
Dee's refusal letter : http://britcits.blogspot.co.uk/2013/10/update-on-david-and-dee-previously.html
'Refusing entry to the UK as a visitor' : http://britcits.blogspot.co.uk/2013/10/refusing-entry-to-uk-as-visitor-httpwww.html
Interview with David : http://britcits.blogspot.co.uk/2013/10/minimum-wage-visa-rules-keep-man-and.html

Now read on...

My Nightmare with UKBA

(a.k.a. An Early Halloween Tale)

 by Dee

A little background. David and I have been married six years. We started our married life in Canada, but due to issues with Dave's children and his PR application, he needed to move back to the UK in February 2011. The intention at that point was to ensure my adult children were settled before joining Dave in the UK.

Support Bang and David's petition

https://www.change.org/en-GB/petitions/uk-border-agency-overturn-my-wife-s-spouse-visa-refusal-and-allow-her-to-return-to-the-uk

'My wife,Wang Bang, 39 years old, speaks fluent English, is an established writer from China, has published 8 books in China and France, works as a freelance journalist for some top magazines in China, a feminist author for a monthly column in helanonline.cn (Radio Nederland Wereldomroep), has just published a short story on www.wordswithoutborders.org, one of the best literary magazines containing  many outstanding international writers. My wife’s work  concerns  and respects love and family as the most important value in our lives.

'I am 48 years old, a British citizen, a full time permanent Senior Library Assistant at the English Faculty Library, University of Cambridge, a poet whose work has been published in over 30 poetry publications in Europe and the USA in the past 20 years.

'My wife first came to the UK joining her  ex-husband on a dependent visa in early 2010. She was wrongly accused of being unfaithful by her ex-husband and callously thrown out of their house after just 6 months of living here. She survived by herself, and battled with her PTSD as a result of this domestic violence...'

Bang and David's story :
http://britcits.blogspot.co.uk/2013/10/david-bang-we-are-aware-many.html

Bang's account of her interview (interrogation) at a British embassy, as the spouse of a British citizen :
http://britcits.blogspot.co.uk/2013/10/account-of-interview-in-british-embassy.html

Update on Home Office appeal against spouse minimum income judgment

http://www.freemovement.org.uk/2013/10/28/update-on-home-office-appeal-against-spouse-minimum-income-judgment/

'Sanjeev Sharma of JM Wilson Solicitors in Birmingham is the leading solicitor in the case and the Home Office appeal in the Court of Appeal is to be heard between 3 and 5 March 2014. Judgment is likely to come some time after that.'

Previously :
'High Court finds minimum income rules disproportionate and unjustified.' - http://britcits.blogspot.co.uk/2013/07/the-big-news.html

More - http://britcits.blogspot.co.uk/2013/07/beautiful-out-of-blue-this-arrived-in.html

David, Dee and MM :
http://britcits.blogspot.co.uk/2013/09/david-dee-home-office-has-appealed-high.html

“Home Office has appealed the High Court decision and they have my wife’s passport. Asking for it back would mean withdrawal of her application and loss of the fee. But with the appeal the legal route could realistically take years!”

http://britcits.blogspot.co.uk/2013/10/british-citizen-davids-canadian-wife.html
http://britcits.blogspot.co.uk/2013/10/update-on-david-and-dee-previously.html

Minimum wage visa rules keep man and wife apart.

http://www.bbc.co.uk/news/uk-wales-south-west-wales-24676361

The 45-year-old had not seen his wife Dee for a year, until a recent reunion at Gatwick airport.

But it was not a happy meeting - she was refused entry to the UK by immigration officials and was detained for two days in a removal centre.

"I never want to have to do that again - tell my wife that she's not allowed to come and see me," he told the BBC Wales Eye on Wales programme.


http://britcits.blogspot.co.uk/2013/10/british-citizen-davids-canadian-wife.html
http://britcits.blogspot.co.uk/2013/10/update-on-david-and-dee-previously.html
http://britcits.blogspot.co.uk/search/label/dee

You can hear audio of an interview with David here : https://sites.google.com/site/britcitsbackoffice/mp3/BBC_RW_1.mp3

Refusing entry to the UK as a visitor

http://www.migrantsrights.org.uk/family-migration/refusing-visitor-visa

Via Migrants' Rights Network.

Many UK sponsors who earn below £18,600 are now reporting that their non-European partners are being refused entry to the UK as a visitor. Has your family had experience of this? If so, please help us by filling out a short survey.

We are seeing a worrying trend among families affected by the £18,600 minimum income requirement, who are already facing long periods of separation from their loved ones.

As if the rules themselves weren't bad enough, many are now reporting that their non-European partners are also being refused entry to the UK as a visitor.

One such example is David's. Earlier this year, David Hook stood up in a Parliamentary hearing to tell MPs how he had been kept apart from his Canadian partner, Dee as a result of the income requirement. Three days ago, Dee arrived at Heathrow to visit David in the UK, but the authorities refused to believe that she was a genuine visitor.

Dee was held in Colnbrook detention centre before she was removed back to Canada. David said: "I'm angry, angry that UKBA can decide that even though they admit Dee's done nothing wrong, that they can still refuse her entry."

We think that this is appalling treatment of families who have already been hit hard by the new rules. The Home Office must be stopped from attacking families who want nothing more than to see their loved ones.

We are putting together an urgent dossier on this issue to circulate among interested MPs and peers, and we need your help. If you or your family member have refused entry to the UK as a visitor in the past 18 months, please take 5 minutes to tell us about it.

Complete the survey!

http://www.migrantsrights.org.uk/family-migration/refusing-visitor-visa

Update on David and Dee

Previously - British citizen David's Canadian wife Dee in detention centre :
http://britcits.blogspot.co.uk/2013/10/british-citizen-davids-canadian-wife.html

Dee's refusal letter :
http://www.scribd.com/doc/178797607/Dee-Refusal-pdf

David says :

'Dee's on the plane back to Toronto, and immigration still insist she did nothing wrong (not a hope in hell of getting it in writing though!) Dee says thanks everyone, and she is likely to be away from the computer for a few days to recover from lack of rest. She is going to phone me when she gets home and I'll let you know she arrived safely.

'... The BBC Radio Wales program Eye On Wales will be broadcasting a 30-minute program on Sunday containing interviews recorded with people in Wales affected by the immigration rules, including Dee and me.

'There will also be a segment on Good Morning Wales on Saturday www.bbc.co.uk/programmes/b03ft71m which specifically focuses on Dee and me due to recent events, and there may be a piece on the BBC Wales website as well (still in progress at this time).

'Both programs should be available online within the UK within 24hrs of airing, and we will be getting a CD recording to upload for those who can't access the online content.'

Account of an interview in a British Embassy, by the spouse of a British citizen #mustread

'I received a phone call on <day> October 2013 and was told that I need to attend a face to face interview in the British Embassy in Beijing on <day> October 2013 at <time>. It was 4 months after we submitted my UK spouse visa application although we meet all the requirements.

'I wanted to confirm my appointment in person before the interview because it’s about the future happiness of my husband and I, I just could not afford to make any mistakes. So I left my hometown, arrived in Beijing two days before the interview. It took me 3 hours and 10 min on the plane, another 5 hours on buses, trains and tubes, so it was about 8 hours in total, the transport cost about £350 return, and the hotel £100 for 3 nights.

'I arrived in the Embassy in the early morning the day before the interview, and was told by the entrance guards that no advance information of any appointments can be given. It seemed like I would just have to wait at the door until my name was called on the electronic board (if there was one).

British citizen David's Canadian wife Dee is in a detention centre tonight.

She was due to visit David in the UK prior to planning their future. She had every intention of leaving at the end of the visit.

David says :

'Dee came over from Canada today.

'And was refused entry by immigration. She was refused because she 'stopped her Spouse visa application too soon!' '

'Apparently she's likely to overstay and work, even though she's never overstayed or worked here ever.

'She's now spending the night in a removal centre near Heathrow before being removed tomorrow.

'According to the IO, she's not to enter the UK without a Spouse visa.

'Right now I'm angry, sad, tired and still haven't spoken to anyone at the detention centre on the number UKBA gave me. I got a voicemail from Dee about half-hour ago but couldn't understand it.'

David and Dee :
http://britcits.blogspot.co.uk/2013/09/david-dee-home-office-has-appealed-high.html

David & Bang

“We are aware many applications despite satisfying all requirements are being refused for trivial or erroneous reasons.”

David is a British citizen married to Bang from China. Their experience of the Home Office has not been positive, with nearly 15 months being taken to make a decision on Bang’s earlier application for leave to remain in the UK.

Bang submitted over 15 supporting letters from human rights organisations, universities, artists and writers. However, the application was refused despite the fact that the nature of her work touches on politically sensitive issues in China. The Home Office also ignored the fact that Bang had been a victim of domestic violence from her ex-husband in the UK who kicked her out after just six months.

Bang got by and undertook menial jobs. She took pride in the fact that she supported herself as a Chinese writer and documentary filmmaker; as a freelance translator for a watch company, with a film workshop in a German university and invited to present at British Film Institute and Free Word Centre. Commissions from journalism work rolled in and Bang volunteered at Chinese Information & Advice Centre in London, providing support to domestic violence victims and refugee seekers. Her language skills and personal experience were put to good use to help others.

Two years later David and Bang met. They don’t understand why the UKBA thinks immigrants are only here to take advantage of the UK benefit system. Bang has never claimed benefits in her life, and as a non-EEA person is unable to claim benefits anyway.

They will never forget the day they received the previous visa refusal. It was on David's birthday. The couple was devastated. Having to rely on the compassion of an ultra-suspicious government simply to be able to live with the person you love is a lamentable, exhausting and an utterly depressing experience.

They overcame this and went on to making plans to get married – formalisation of their relationship would surely satisfy the Home Office they thought. David has a flying phobia; not having been on a plane for 15 years. However he agreed to take a 12 hour flight to China to marry Bang with her family present.

The couple does not struggle financially; they lived together comfortably on David's income from a permanent job, well over £18,600. They have their own flat, sufficient savings and Bang also sold her flat in China to minimise the mortgage.

However the couple is worried. They are aware many applications - despite satisfying all requirements - are being refused for minor or erroneous reasons.

David has returned to England as he has no holiday left, and Bang is in China waiting for the decision on her visa. The couple has been waiting since 14th June 2013. Neither can relax because of the constant worry of Bang not being able to return home and the anxiety of not being rich enough to satisfy the UK government’s excessive requirements to safeguard their future.

David & Dee

“Home Office has appealed the High Court decision and they have my wife’s passport. Asking for it back would mean withdrawal of her application and loss of the fee. But with the appeal the legal route could realistically take years!”

David is a British citizen from Wales. He is married to Dee from Canada.

In early 2005, they met through an online friendship group which played Trivia quizzes and games with mutual friends across different countries. After a few months, nudged by many of these friends, David and Dee started talking outside of the group.

Initially the contact was via email, progressing to nightly phone calls. They didn’t seem to run out of things to talk about and discussed meeting each other.

At the time, David had his two children from a previous marriage living with him due to his ex-wife having health issues. It was once his kids were able to return to their mother that David visited Dee in Canada for two weeks.

It was lovely. They got on so well that Dee invited David to consider moving over for a longer period.

Back in the UK, David discussed this with his family, arranging to keep in contact with the kids through weekly phone calls and regular mail.

In October 2006, Dee came to the UK for two weeks to meet David’s family and friends, following which they returned together to Canada. David got on well with Dee's teenage children, and the couple married in June 2007.

David applied for Permanent Residency in Canada which also requires any children under 22 to have medical check-ups, whether or not they are migrating across with the applicant. These check-ups require consent from both parents. David’s ex-wife withheld this consent and so David’s application was refused.

Thus David returned to the UK in February 2011, and it was back to nightly phone calls, emails and Skype chats again. There was born once again a couple happily married, unhappily living apart.

Dee came over to visit for six months in May 2012, with the intention to apply for Leave to Remain during her stay. Exactly six weeks later, Home Office changed the rules. Dee could no longer apply from within UK, and David would be required to earn at least £18,600. A salary level not achievable for a construction site labourer in South Wales. Third-party support was also no longer allowed.

The married couple were now looking at yet more time apart once Dee left UK in November 2012 with no certainty on when they’d see each other again, be able to hold hands, hug.

David is unable to even consider moving to Canada now as one of his daughters, Kayleigh, diagnosed with Autistic Spectrum Disorder (ASD) moved in with him permanently in December 2012. Duty of care to her makes it even more difficult for David to work the extra hours needed to reach the £18,600 level.

The couple has now spent two Christmases apart, and second Christmas apart and counting.

David has also had the opportunity to speak about his situation at the APPG on Migration meeting in Parliament on 10th February 2013, as arranged by Migrants Rights Network.

David is not a public speaker. He doesn’t like it; he doesn’t profess to be an expert at it. However, he is a firm believer that if you don’t stand up for what you believe in, then it’s not right to ask others to stand up on your behalf.

When David shared his story he was overwhelmed with the support her received. He was advised by many present that Dee should apply for Leave to Enter even though they don't meet the minimum income requirement, and that they’d win an appeal anyway.

In March 2013, Dee took her application to Toronto to have her Biometrics done. They told her there that she'd have to come back in May because she'd put August as her date of travel, and couldn't apply more than three months before that date.

Dee went back two months later (as requested) to find that the last two pages of her paperwork was missing (it had been there at the first appointment but mysteriously disappeared this time round).

For David it was really hard to receive a phone call from his wife 3,500 miles away, crying her eyes out, knowing there was little he could do to help. After speaking with her husband, Dee decided to make one last stop at the office as it was closing before catching her bus back home and happily the Consulate had found the missing pages and faxed them across. RESULT!!!!

Dee was told it would take about ten weeks to process, and so the couple waited again, in anticipation of their reunion. They allowed themselves to forget that just when it looks like there's light at the end of the tunnel, the Home Office just builds more tunnel.

A High Court decision in the MM & Ors vs. Secretary of State case deemed that the income rules were disproportionate and unjustified, leading to the Home Office pausing all applications where the income requirement would be the only reason for refusal.

By late August, Dee’s application had been with the British embassy for fourteen weeks already. According to the embassy’s own estimate this would mean it was already a month overdue in the decision being made. However, the MM case, followed by the Home Office not only pausing applications such as theirs, but also now appealing the High Court decision leaves this family mired in uncertainty.

How much longer will it take? David estimates another year.

What is worse however is that the Home Office has Dee’s passport. If she asks for it back, her application gets withdrawn and the family loses the application fee. This means that Dee is likely to miss the wedding of her son, James, who is getting married in Manila to his fiancée, a citizen of the Philippines.

David and Dee have no intention of giving up. Their love is strong enough to cope with anything the Home Office throws at them. The issue of course remains, that they shouldn’t have to be cope with life apart.

Update: Dee has now withdrawn her application in order for her documents to be returned so that she can attend her son's wedding overseas. David and Dee are now looking at exercising their European treaty rights as the best course for their future.

Surinder Singh for newbies : http://britcits.blogspot.co.uk/2013/08/surinder-singh-for-newbies-httpwww.html

More Surinder Singh experiences : http://britcits.blogspot.co.uk/2013/08/another-experience-of-surinder-singh.html

Twitter :
https://twitter.com/DaveLovesDee
https://twitter.com/DeeTaftHook