"I have never welcomed the weakening of family ties by politics or pressure" - Nelson Mandela.
"He who travels for love finds a thousand miles no longer than one" - Japanese proverb.
"Everyone has the right to respect for his private and family life, his home and his correspondence." - Article 8 of the European Convention on Human Rights.
"When people's love is divided by law, it is the law that needs to change". -
David Cameron.

Showing posts with label india. Show all posts
Showing posts with label india. Show all posts

Monday, 27 March 2017

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is in (see link above) and includes data per quarter, with information about applications made, processed, refused, withdrawn, and lapsed.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.

Tuesday, 17 March 2015

BritCits Divided Family of the Week - Joshua and Edward

Josh and Edward

“It is a human right to live with your partner.”


Josh is a British citizen, who met Edward, from the India, in October 2013.  They formalised their relationship to become husband and husband in a civil partnership on December 12th 2014 in Josh’s home town in Somerset, celebrating their having found each other with family and friends.

Edward was in the UK as one of the brightest and best international students we so want to attract.  However for Josh and his family, Edward’s contribution was much more significant; Edward alleviated the depression Josh was suffering from, obliterated his suicidal thoughts and helped Josh find motivation in life to pursue his psychology degree, and stop claiming benefits.  Josh felt loved, valued and encouraged to becoming a better person. He could finally with Edward’s support, see that his career goal of becoming a clinical psychologist was feasible.  Josh felt more at home with his sexuality and thus able to break down the barriers he had put up around him.

Not long after meeting, the couple moved in together and Edward truly became part of Josh’s family.  Josh’s mum travelled from our Somerset to meet the person who was responsible for her son’s happiness in March 2014 and got on famously with him.  Josh reminisces about those days together; Edward cooked a delicious lunch and Josh’s mum was so pleased with the positive role Edward was playing in her son’s life. 

Edward subsequently visited the rest of Josh’s family in Somerset and Wales.  He was welcomed into the fold immediately and like Josh’s mum, all felt grateful to the man who had rescued Josh, seeing that with Edward, Josh was the happiest he had ever been.

Josh and Edward were in love and couldn’t bear to spend a day apart. They met each other’s friends, even Edward’s ones from India, on Skype, became a large part of each other’s lives.  Josh met Edward’s family as well, and was similarly welcomed into their ranks, particularly getting on with Edward’s brother.  Neither partner could have asked for things to have worked out better in terms of being able to fit our lives together so well.

June 2014 saw Edward submitting his dissertation and the couple moved out of their student accommodation and into Josh’s mum’s home, living also with the mum’s partner and Josh’s younger brother.  Getting to spend that time together as a real family made both realise they didn't want this to end. 

The couple made arrangements to settle down together in their own place and started looking for jobs in order to support themselves and build a life together.  They exchanged promise rings on their one year anniversary and committed to a life together.

Edward was made two job offers, both in his field of expertise – but neither could provide sponsorship.  The alternative was for Edward to apply to remain as Josh’s partner.

Plans for their civil partnership were accelerated with the couple opting for a small and intimate family gathering.  The service at the registry office was followed by a celebration party with family and close friends. It was very small and very personal, and perfect.

The couple researched on ways to legalise Edward’s stay in the UK beyond the validity of his student visa, also looking into options for Josh to move to India.  However given Indian laws, found that would not be viable in the long-term.

Josh and Edward hugging goodbye at the airport, as Edward leaves in accordance with his visa conditions.





















Edward left the country as per the terms of his visa.  Josh meanwhile is working really hard to earn money and find a suitable job paying over £18,600.  The couple feels trapped because of the financial requirements which are proving very hard to satisfy and mystified when they’ll be able to see each other again.

It is beyond their understanding why Edward, with a Masters degree from a UK university and as the partner of a British citizen cannot stay in the UK.  He would be a huge asset to the country, would have no recourse to public funds, would contribute by way of taxes and NI contributions – and Josh, a British citizen, would be able to live with his husband.

Update:  In July 2015, Edward was granted a spouse visa and he is now in the UK, setting up his own business. What an entrepreneur!

Monday, 6 January 2014

Jas

“He is the man I am going to marry and it’s the government keeping us apart.”

Jas is a British citizen, born and raised in the UK. She is currently in the second year of her pharmacy degree.

She first visited India at the agre of three, and then every two years since, getting to know her heritage and family in India. It is here she found the love of her life. Though they spent time together as kids, she only really remembers him from when she was 9 and he, 13. A gorgeous boy who told her he liked her very much.

Jas was too young to understand what this all meant, but a few years later, she did. Leaving India then meant leaving him, and all she could do was cry.

As a teenager, when they met again, at first it was awkward but the chemistry that had been there from the start, the attraction and the sense of comfort they got from each other, didn't take long to return.

This is when Jas started to fall in love and the pair vowed to not grow apart because of the distance. They stayed in touch over the phone and email, speaking for hours.

When her boyfriend got into a motorcycle accident, Jas realised how hard a long distance relationship was when you couldn’t be there for each other to share the good and bad times. So she let herself drift away from him. However, love knows no boundaries, and now at the age of 19 Jas can’t deny her feelings.

She is determined that this is the man she will marry. However she wants to first finish her degree in order to further her career, and also maximise her chances of earning £18,600 so she can sponsor him.

If she is not allowed to be here in the UK, Jas will emigrate. However, UK then loses out on the positive impact she could make here. As more and more like Jas decide to leave our shores, it will be to the detriment of our nation.


Monday, 23 December 2013

Shailendra

“Poor immigration rules which lead to breaking up of families, will only keep away highly skilled migrants and economic contributors.”

Shailendra is a British resident living with his wife and child, both also British residents. Both Shailendra and his wife are high earners; they pay their taxes and contribute to National Insurance.

Shailendra came here on a Highly Skilled Visa (Tier 1) and has been working hard ever since - yes to earn a decent salary to better his own quality of life - but also contributing to the British economy – all without claiming any benefits.

All three members of this family satisfy the requirements needed to obtain British citizenship. They have living here for several years now and are looking forward to spending the rest of their lives here, having already established their home.

However, they want their dependant and ageing parents, currently in India, to live with them, in order to be able to take care of them, whilst also living as complete a family life as possible. Culturally, it is the norm for children to look after ageing parents personally, rather than outsource the care.

Shailendra’s parents are not jumping over themselves to move to the UK. Leaving India and all that is familiar to them, is not an easy decision. However they are only willing to do this so that Shailendra does not have to sacrifice his family, career, friends and home in the UK. However, the settlement visa regulations for parents is making Shailendra re-consider his future.

Shailendra’s roots are in India, a country known for its rich culture and close ties with UK. However, what UK completely misses out in understanding, is the close relationship that Indian children share with their parents. Parents are an integral part of family anywhere, but especially in Asia the definition of family includes "parents, spouse and children".

Shailendra really misses this ‘complete family’. His child, just like Shailendra himself, shares a very strong bond with the grandparents, both over 60 and financially dependant on Shailendra.

They need care due to their age related health issues and just sending money is not enough as it defies the purpose of living together as a family, which is - "to support each other in every stage of life".

Most importantly, Shailendra wants to spend his life with his parents, care for them, and provide them the same opportunity to live and develop closer bonds with his kids as they would have got in India or anywhere else.

Shailendra is bemused. He is self-sufficient, does not require any public funds and has the means to look after his parents without any help. He is willing to sign a waiver for his own access to state funds, provide a guarantee or deposit or bonds, and take private healthcare cover for his parents to alleviate any such fears this government might have nonetheless.

But it seems that the government has completely overlooked a very important aspect of immigration, thus forcing him to consider leaving the UK just to be able to reunite with his parents.

With Shailendra will go his taxes, his disposable income and his skills. Indeed, he is already
being approached by agencies for roles in Germany and Ireland. With Shailendra will go his wife and child, and the latter’s right to a British education and upbringing.

However, he doesn’t want to leave his home, however lucrative other offers are. He cannot believe that he has to go into exile just because the UK government cannot understand the value of a very simple family relationship and definition of "family member".

Shailendra is aware that by exercising treaty rights he may be able to return to the UK with his parents using the Surinder Singh route. This most of all strikes him as bizarre.

Several months of unsettling his life in UK, uprooting his child, leaving his job – all because he wants to live in the UK with his parents, without recourse to public funds. All just to be able to live once again in the UK with his parents,.

Rather than denying people their rights in this country the government should make it fairer and possible to reunite family members – the value it brings to the community is priceless.

Else, poor immigration rules will only keep away highly skilled migrants and economic contributors, which UK desperately needs if we are to compete in the global environment with countries like USA, Australia, India, China, Germany and Russia.

More stories about elderly dependants : http://britcits.blogspot.co.uk/search/label/elderly%20dependants 

BMA - 'Family migration rules lack 'basic common sense' : http://bma.org.uk/news-views-analysis/news/2013/june/family-migration-rules-lack-basic-common-sense

Thursday, 19 December 2013

Manish

“All I want is to be able to look after my parents when they need me most.”

Manish is a British citizen of Indian origin, living in the UK for over 8 years.

He made an informed decision to become a British citizen and make UK his primary residence; the people he met here and our multi-cultural environment were what convinced him this was the right decision.

He is now concerned however that this decision is now taking him away from his parents – parents whose well being is his responsibility. Parents who have sacrificed their happiness to raise Manish to be the decent upstanding citizen he is today.

His parents have been through a lot of hardships and now Manish feels it is his turn to take the weight of their shoulders; to take care of them. Yet he feels helpless because of UK’s immigration rules.

Manish is the sole earner in his family and has been helping them financially for the last few years while trying his best to visit them every year or invite them over to the UK for a visit.

However the last few years has seen his dad’s health deteriorating. As a cancer survivor since 2010, things were going well, until 2013 when Manish’s dad suffered from severe cardiac arrest where he narrowly escaped death. Although recovered now, Manish is haunted by a fear that this could happen again to him.

All Manish wants is to be able to look after his parents in their old age – to have them living here with him so he can look after them. He is prepared to take our fully comprehensive private healthcare cover to ease the burden on the NHS if that’s the concern. However the door has been slammed shut even for those who would not be a burden on taxpayers; even where it means we lose skilled British citizens to other countries that allow family unity.

Manish is a higher-rate tax payer and has never used any benefits or exercised recourse to public funds. He earns enough to support his family, including his parents – yet is being denied the right to do so. He is not alone in finding the UK’s immigration rules for adult dependant relatives vague and ambiguous.

He just wants to be able to look after those that gave him life, when they need him most. It’s not too much to ask.

More stories : http://britcits.blogspot.co.uk/search/label/stories
More on elderly dependants : http://britcits.blogspot.co.uk/search/label/elderly%20dependants

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Sunday, 15 December 2013

Kuljeet

“I moved here with the expectation that come age 65, my mother would be able to move here with me.”

Kuljeet is a British citizen who has been living in the UK for 13 years. He was handpicked from India to work in the UK design centre as a Digital Electronics Engineer.

Kuljeet’s wife is also a British citizen and she has been working for the NHS as a doctor for 10 years.

Kuljeet was raised by his mother, a single parent and teacher, in India, following her divorce from his dad.

Kuljeet has been aware that he will need to look after his mum; although in a reasonably good state of health at the moment, she is getting older and family bonds mean living in separate countries is not feasible.

The UK seemed ideal to settle in, as it allowed for his to sponsor his mother to have her reside with him in the UK, once she reached the age of 65. Indeed, were it not for this, Kuljeet would have not made a life here, nor opted to become a British citizen.

There was a very clear legitimate expectation set that come time, Kuljeet would be able to fulfil his duties to his parent.

However, changes to UK’s immigration rules have meant that the route for adult dependants is closed, leaving Kuljeet in a very difficult position. Does he leave the UK or let his mother face the hardship of old age on her own?

The latter is not an option. It does not foster the kind of values Kuljeet wants to impart on his two daughters. Daughters who are proud to be British – it’s how they identify themselves, with the UK being the only home they know. Daughters who would be denied the right to a British education, British upbringing and would be forced to leave all that is familiar to them if Kuljeet were to be forced to leave the UK – just to look after his mum. Uprooting them is not something Kuljeet wants to do.

Both the daughters are very attached to their grandmother, who has visited the UK several times. They don’t understand why their grandma is living alone in India – when she could be here with their family.

Kuljeet does not think they are old enough to be told about the government’s rules.

For this family, the rules do not make sense and they feel like they are being punished for having a parent from overseas; for being migrants, albeit British citizens, themselves. Neither Kuljeet nor his wife have ever claimed any benefits – they are both higher rate tax payers and have been so for years. His mother would have no recourse to public funds. How could she be a burden on the state? Indeed, his mother is more likely to get involved in charitable work and keep herself active by helping other people.

More stories about elderly dependants : http://britcits.blogspot.co.uk/search/label/elderly%20dependants

Monday, 9 December 2013

Stella & Ankush

Stella is a British citizen married Ankush, from India, in 2008. She lived in India with her husband for about three years. They have a daughter together, a British citizen born in India and named her Chloe.

In 2011, Stella had to return to the UK as her mum – her only other relative – was diagnosed withcancer, and Stella needed to look after her mum. In March 2013, Stella’s mum passed away, losing the battle to cancer. Ankush was granted a family visit visa which allowed him to be in the UK to help Stella through this period, for three months, from April 2013.

However he is not allowed to stay here because Stella does not earn £18,600. As a full-time carer for her daughter it is not possible for Stella to work in a job paying that kind of money. However Stella received a significant inheritance from her mum and owns the house they live in, outright. So they have a secure home and no accommodation expenses.

She doesn’t want to uproot her daughter once again and move to India. Her daughter is British and should have the right to a British education. She should also have the right to two parents.

Stella has been reading all she can on the immigration rules, but finds every time she gets her head round them, the government changes them again.

It is not possible for Stella to find a job paying over £18,600 in this climate. Even if she did, most of it would go to pay child care fees, and during this time her daughter would have neither father or mother spending time with her. This process is also likely to take nearly 12 months from when Stella starts a job paying over £18,600 to when Ankush would be allowed in the country.

It seems crazy to her. If her husband was here, either he’d be working, or she would and he would
look after their daughter. Stella would therefore no longer need to claim income support.

As each day passes, Stella’s hearts breaks a little more as she is forced to live without her husband, her daughter without a father, and Ankush without his wife and child.

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

Sunday, 8 September 2013

Sree

“I have paid over £100,000 in taxes and NI contributions in five years. All I want is for my mother to stay with us – and have the means to look after her without recourse to public funds.”

Sree is a UK permanent resident from Middlesex. Her mother is 67 years old, living alone in India. Whilst her mother has visited Sree in the UK, she is now not able to travel frequently. Although reasonably self-sufficient financially, she does need the emotional care, love and support, which with the onset of age becomes more of a necessity.

Sree has sufficient funds to support her mum without recourse to public funds. She’s willing to take out
private healthcare insurance, provide a monetary bond and guarantees.

As someone who is self-employed, Sree works in the IT department of a major life science company. During her entire life in the UK, Sree has been employed and paid her taxes promptly, never availing of any state benefits. She is a higher-rate tax payer, and in the five years to April 2013, has paid over £100,000 in taxes and National Insurance contributions alone.

For Sree, her mother is a vital member of her family unit – not extended family. Her mother has seen Sree get married, helped her during the early days of motherhood and throughout. Sree’s kids have spent a huge amount of time with their grandmother, having been raised by her until they moved to the UK in 2012. The bond between grandmother and grandchildren is very strong. Indeed, Sree admits that to the kids, their grandmother is likely more of a mother than she herself is, as Sree left her kids with her mother when she moved to the UK several years ago, because of the initial visa restrictions.



It is cruel to now leave an elderly woman alone in a country once she has fulfilled her purpose to Sree by raising the kids. Sree also has a duty to her mother – to look after her and not wrench apart grandchildren from their grandmother.

Sree is clear. Her mother actively chose not to remarry since becoming a widow when Sree was 19, to ensure Sree always remained her priority. An incredibly unselfish choice. It is now Sree’s turn to respond in kind to the sacrifices made.

It is not just to leave an elderly member of your family to fend for herself. The natural process of ageing and the stress of being apart from all family has broken her a bit. Sree’s mum can’t manage daily chores by herself. The children are emotionally bonded to her and it is breaking their hearts as well to see someone they love so much suffering alone.

Sree is gutted. Her mother has always been there for them. Now they cannot even provide a safe and
secure life for her in return.

Sree is reconsidering the decision to remain in the UK. She is unhappy and feels guilty at leaving her mother alone. She has paid a huge amount in taxes without every claiming anything in return. All she wants now is for the chance to stay with her mum.


Saturday, 7 September 2013

Abhay

“My mother was refused a visit visa, and now the Home Office, despite the Judge ruling in favour of granting a settlement visa, continues to refuse my mother entry.”

Abhay is a UK resident. He has been living here for years, and since then been diligently working
as a higher-rate tax payer, claiming no benefits.

Abhay, his wife and child have all satisfied the requirements for British citizenship. However, despite being a net contributor, Abhay is being forced to re-assess his future in the UK, because of his experience with the immigration rules which mean not only has his mother been refused a visa to settle in the UK, but also prevented from visiting them.

When Abhay was 12, his father passed away. As the eldest of four children, Abhay was a huge support to his mother, prematurely becoming the man of the house, and his mother’s crutch and confidant. As soon as he was old enough, Abhay worked to help provide financially for the family, ensuring his siblings got access to an excellent education and as per Indian culture also paying for his sisters weddings. Abhay shouldered the responsibility of a father and in doing so, there naturally developed a special bond between mother and her eldest child. There is no doubt that his mother is entirely dependent on Abhay.

As time passed, and the other kids flew the nest, including one younger sibling also now based in the UK, Abhay’s mother found herself alone. She has trouble with things that the younger generation takes for granted – mobile phones, going out shopping, using an ATM. With two of her children in the UK, including a grandchild, Abhay was keen for his mother to come visit them. There was no intention that his mother would live here. At her age, to adjust to a new life, culture and indeed, British winter, would be very difficult.

However, when a visa to visit the UK was refused, Abhay decided to apply for a settlement visa for his mum, as this would allow her to visit as frequently as she wanted for five years, without further visa hassles.

To his surprise, UKBA refused the application. This is despite all the evidence showing Abhay’s mum:
• lives alone.
• is unable to leave her apartment complex on her own
• doesn’t have any close family to help with everyday tasks; running errands, going to the temple,
going to see the doctor.
• is entirely financially dependent on Abhay
• is unable to use modern technology like ATMs or mobile phones
• doesn’t have many friends where she lives having lived there for a short time
• when unwell and in pain, was forced to phone Abhay in the UK who then arranged for a neighbour to take his mum to the hospital

As part of the settlement visa application, Abhay’s mum was required to travel hundreds of miles for a face to face interview at the UK embassy in Chennai. Luckily, a distant cousin happened to be around at the time and Abhay called in some favours to arrange for his mother to be accompanied – Abhay paying for all the necessary travel and accommodation costs of both his mother and the cousin.

Little did he know that by being able to arrange this, the Home Office would use this as an excuse to refuse the visa by saying his mother was not alone. That the cousin is distant, and not living in the same city as his mother – or even more importantly, that the responsibility for his mother’s welfare falls on Abhay not a distant cousin seems to have been conveniently ignored.

Indeed, if Abhay hadn’t been able to arrange for his mother to be accompanied, the application would have also been refused as Home Office would say that the applicant did not attend the interview as required!

The Home Office refused the visa; Abhay appealed and the Judge ruled in favour of the family, citing that there is a close tie beyond those of only an emotional nature between Abhay and his mother, what with Abhay having, to all intents and purposes, provided a roof over not only his mother’s head, but the younger siblings as well. The Judge ruled that Abhay’s mother is entirely dependent on her son and therefore maintained that his mother should be granted a visa to settle in the UK.

Unfortunately, despite what should have been a delayed happy ending, the Home Office has appealed and for this family the battle continues.

According to the Home Office, the Judge has not taken into account the immigration rules (even though he has). According to the Home Office, the Judge failed to give reasons as to why Abhay’s mother is dependent on her (even though this is in fact very clearly indicated).

However Abhay will fight the battle for the right of a son to look after his mother. For a son to not abandon a mother who raised four children on her own. For the bond to develop between grandchild and grandmother.

The result and nature of the battle will determine the future of this family in the UK. Whether we retain the valued skills of Abhay, or lose them to another country willing to afford family rights to its migrants, time will tell.

The BMA reports on loss of medical talent from the NHS because of family migration rules :

http://bma.org.uk/news-views-analysis/news/2013/june/family-migration-rule-change-a-step-closer

Sarah Teather MP : 'The impact of the rules on bringing in grandparents and elderly dependants is just as shocking as that of the spousal rules. Almost no approvals have happened since the new rules came in. It was described to me by one lawyer as a ban masquerading as a rule, which is probably a rather more effective way of describing the problem. If almost nobody can come in, that demonstrates what the Government want to do, and it might have been more honest if that had been done in the first place.' :
http://www.theyworkforyou.com/whall/?gid=2013-06-19a.260.7

Monday, 2 September 2013

Tejinder

“I am being forced to choose between my wife & kids, and my elderly parents.”

Tejinder is a British citizen living in Birmingham with his British wife and two British children.

He had arrived in the UK in 2005 to gain international experience in his domain. He grew to like the country, bought a house and naturalised in 2011.

Tejinder is one of three children. His younger brother lives in Switzerland, and his parents and sister in India.

His sister graduated from Leicester University with an MSc in bio-informatics, before returning to India to look after their parents.

Tejinder’s mum is over 65 years old and his dad 70. He is a retired senior class one officer who used to work for the Indian government. A dad who did all he could for his son.

They have visited Tejinder and their grandchildren many times on a family visit visa. However travelling back and forth is not very easy anymore and Tejinder’s sister can’t cope looking after them on her own.

So Tejinder sold his house, uprooted his wife and children and moved to India to fulfil his responsibility to look after his parents. However his wife and kids couldn’t adjust to life in India. It was just too foreign, too different.

So they returned to the UK in 2013. However Tejinder is racked with guilt at having abandoned his parents.

However he cannot abandon his wife and kids, or expect them to live in a country that is alien to them.

UK’s immigration rules have slammed the door shut on Tejinder being able to look after his parents, with no recourse to public funds. This man is at a loss on what to do next and the only option seems to be to go move to another EEA country, exercising the treaty rights afforded to him by the EU for family reunification – a right so clearly denied by his own government.

Sunday, 1 September 2013

Samir

“Why is the policy in the UK so inhumane in comparison to even countries like China which promote looking after elderly parents?”

Samir is a British citizen who lives here with his wife and son, also British. His parents live alone in India. He is appalled that changes to the immigration rules have led to the effective banning of elderly parents living with their children in the UK, even with no recourse to public funds.

Samir and his wife both work and earn a decent salary, paying their fair share of taxes. They own their house and fail to understand why if they are willing to accommodate and look after their elderly parents at their own expense, the government interferes in their family life. His parents are not scroungers, nor will they take someone’s job. They are not entitled to benefits. They simply want to spend the remaining years with their son, daughter-in-law and their grandson.

His son who turned two in July 2013 has been fortunate to spend some time in the company of his grandparents. Samir is keen for this bond to continue and strengthen; to cultivate the strong sense of family values in his son which can only come by what his son will see and experience.

When his son sees other children with their grandparents, he asks Samir, ‘where is my granny?’ Samir has no answer; how do you explain to a child the politics involved in immigration rules designed to drive out British citizens?

Samir is having trouble reconciling the policy in the UK now, with that even in communist states like China, where the government actively promotes family bonding, integration and looking after elderly parents – to the extent of passing a law to mandate this.2 This is a stark contrast with UK practice, where the government not only is happy with, but promotes elderly to spend old age in solitude.

For Samir, if the rules don’t change soon, he will be forced to uproot his whole family – all British citizens – and move to a country where he can fulfil his duty and desire to be there for his parents. He understands this is what the government wants – increasing emigration whilst reducing immigration is the only way they will satisfy their net migration target. However it is not right that British citizens are forced out of their own country. That a British child is denied a British education and upbringing.

The first year of the rules have already seen professionals leaving the UK, moving to countries which allow elderly parents to join them. Samir believes this trend will continue, as more and more British professionals find themselves impacted by rules preventing looking after those who gave us life.

If the concern is a burden on the NHS, a more humane solution is to mandate private healthcare cover. Why did the government not just do that?

(Editor's note: Talking of the NHS, the BMA has been lobbying on behalf of its members - doctors - affected by this issue. So has the Royal College of Nursing. Forcing nurses and doctors to leave the UK won't help the NHS. Links : 
http://www.theguardian.com/uk/2013/jun/11/migration-legal-aid-families-rights 
http://bma.org.uk/news-views-analysis/news/2013/june/family-migration-rules-lack-basic-common-sense  
http://www.appgmigration.org.uk/sites/default/files/Royal%20College%20of%20Nursing.pdf )

Samir questions whether it is right to raise his son in a society which prevents elderly dependent parents from living with their children – what kind of example will this set for his son?

Saturday, 13 July 2013

Fara

“My parents need us..but all three of their kids are British citizens living in the UK and so we don’t qualify to look after them when they need us most.”

Fara is a British citizen living here since 2001. Her husband is also British. Her parents are Indian, aged 59 and 69.

Due to a death in the family, her parents 'home must be sold (as per the terms of her uncle’s will who owned their apartment). Her parents don’t have enough money to buy their own home, and because of their ages, are unable to obtain a mortgage. They get by, with the pension her dad receives, and help from their three children. Children all of whom are British citizens, yet unable to bring over their parents to live with them, and care for them.

There is no financial clause Fara or her siblings can satisfy to show they have the means to look after their parents. The rules just don’t allow this, no matter how well off you are; no matter if all your children are British citizens living in the UK.

Fara is considering going down the EEA route – the only route left open to her. However with two children under the age of six, one of whom is physically disabled, it’s not going to be easy. Fara is feeling the weight of the burden of having a child requiring surgery and parents due to become homeless.

Three British siblings, British spouses and British kids - being denied the right to look after their parents without recourse to public funds.

Tuesday, 9 April 2013

Xocoa

Xocoa's campaign for her family to be renunited is here : http://www.change.org/en-GB/petitions/denied-human-rights-to-a-family-life-let-the-sharma-family-live-safely-in-uk-together . Please support it!

'I AM BRITISH - a British citizen by birth. I trained as a nurse in the UK, within the NHS. My husband is a teacher in India.

Our son was born outside marriage, which is a problem for some people to accept in India. Also, the media in India covered our bi-cultural marriage (British-Indian). We were followed and harassed us wherever we went. It was horrible!

We were even subject to abduction threats - against both me and my children. The police couldn't offer us the protection we needed; and threatened by these groups, potential kidnappers.

So I was forced to return to the UK. Our family visit for him, however was refused. Even though I was pregnant at the time.

It was a difficult, painful pregnancy. It was so difficult that I became temporarily disabled - and no authority would help me. I was all alone - no authority would write a letter supporting me, and the government would not take this into account for him to be here, to support me.

So, my husband missed the birth of our baby daughter - the daughter he still hasn't seen. She is five months' old.

I need to work here to support our children. But I'm still recovering and need physio - so the catch-22 is that I can't work, AND look after the children, all by myself. I'm being forced into being a single parent. How does that protect the taxpayer??

Really and truly, I need him here to support me, to support his children. That is the best and only solution for all of us.

He wants to work. I can't get off benefits without his help. And the UK is refusing to let him come here.

We went through so much to get married in India. And India wouldn't have allowed me there for more than two years anyway, due to THEIR rules!

So where do we go? Who will have us? He hasn't even met his daughter. We miss each other so very very much - we are so depressed, and at our wits' end.

I love him with all my heart. The government discriminates against us because we aren't wealthy.'

http://www.change.org/en-GB/petitions/denied-human-rights-to-a-family-life-let-the-sharma-family-live-safely-in-uk-together

Friday, 8 February 2013

Maliha

“My crime - I fell in love and exercised my right to do so.”

Maliha is a British citizen who met her now husband, Bilal, in March 2011, in Dubai.

Maliha was in Dubai for work, and in the process met Bilal through mutual friends. Almost instantly, as in the movies, love blossomed.

Maliha was initially concerned about the 6 year age gap - Bilal is younger than she is - but Bilal was so "with it" and mature, that this concern quickly faded. She extended her time in Dubai to continue to be with Bilal.

However, commitments intervened and Maliha ever too soon had to return to the UK.

They kept in touch through Skype, whatsapp and Facebook and spent countless hours talking over the phone. Each minute apart was like a life sentence.

Maliha returned to Dubai in July 2011 to spend more time with Bilal. They had an amazing three weeks together. However, the double impact of the Middle Eastern summer combined with the constant exposure o air conditioning to escape from the heat wreaked havoc with Maliha’s asthma, and so she was forced to return to the UK.

Both Maliha and Bilal spoke to their families about their love and desire to be married. Both their families were against the relationship, for various reasons, including their different cultural backgrounds – Bilal is a Pathan and Maliha a grandchild of an Indian migrant who moved to Pakistan during the India-Pakistan partition. Yes a reason that seems nonsensical to many of our generation, but one nonetheless that their families held (and incidentally, one that this government appears to also uphold given the £18,600 - £62,500 price on love they have put!).

Maliha and Bilal – in a modern Romeo & Juliet – continued their love affair in secret; in May 2012 they decided enough was enough and so decided to elope. "Oh the shame" said their parents; however, presented with a marriage certificate they had no choice but to accept the relationship which had been recognised both by religious leaders and the government.

Bizarrely, Bilal – holding a good job in Dubai - was refused a visit visa to the UK. The couple since have been caught in the £18,600 net, due to missing the application deadling by a measly six days.

Maliha has never claimed welfare benefits – indeed, not even the ones she has been entitled to. The "no recourse to public funds" rule from day one suits her just fine as she believes there are more needy people who deserve benefits. However, she deserves to spend her life in the same country as the person she loves.

To Maliha, being in the UK is important. It’s where her parents are – it’s where her mum who is disabled is. It’s where her friends, family, life are. It’s where her home is.

Given she doesn’t claim benefits herself, given her spouse would not qualify for any benefits, she
can’t help but wonder why the ridiculously high financial requirement? In today’s financial climate this new law is only an excuse to put people down and screams of a class system.

All she wants is to have a proper married life with her husband. To be with him.

What will the end for this modern day Romeo and Juliet be? If David Cameron has his way, this love story will also end in tragedy.