Home Office fails 'langauge' test

Oh dear. Via the Home Office https://www.gov.uk/government/news/new-a2-english-requirement-in-the-family-route

(What this means of course is that, unlike the Home Office, people on the 5 year spouse route will now need A2 for FLR(M) instead of A1 at present. So the 5 year spouse visa route language requirements will now be A1 for entry, A2 for FLR(M), and B1 for indefinite leave to remain. At present, the requirements are A1 for entry, A1 for FLR(M) and B1 for ILR).

This is also mentioned deep in the article 'Muslim women must learn English to integrate here' : https://uk.news.yahoo.com/pm-muslim-women-must-learn-english-integrate-035538019.html
You really have to dig for it because it's hidden behind a headline about 'Muslim women', with no mention that this change affects everyone on the spouse visa route.

The news coverage around the issue this week has been pretty lacking because it's tended to a load of fluff about 'the Muslim community specifically' rather than what the change actually means in practical terms. It's quite bizarre that the government - specifically David Cameron - has chosen to focus on (or rather, single out) this particular community because of course the language requirement change affects -all- nationalities (apart from majority English speaking countries, such as the US, Canada, Australia etc.). It's conflated Islam with the new language requirement, which seems frankly disingenuous, leading and bordering on scapegoating. Think about it.

Thanks to David and Laura for spotting this.

Important changes to language test requirements announced

Via https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests - 'Applying for a UK visa: approved English language tests'

The list of approved English language tests for all visas appears to have been greatly reduced.  

Importantly for those affected, transitional arrangements are in place so that those who can take one of the tests up to 5th April 2015 can still use it for an application up to 5th November 2015 as described in the links below.

The list of tests accepted under the transitional arrangements (as well as other information such as the date the test is accepted for) is here :
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/405631/selt_transitional.pdf

However after that date applicants will need to take one of these tests listed here :
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/405984/Approved_Secure_English_Language_Tests_from_6th_April_2015.pdf

The new list seems to be only a fraction of the size of the current list and does not seem to include a number of previously popular choices.

Cambridge has put out a statement on the changes here :
http://www.cambridgeenglish.org/news/view/ielts-recognised-for-all-categories-of-visa-in-the-uk/
- They do note that Cambridge IELTS will be accepted, which may be a comfort for some.

Statement from IELTS :
http://www.ielts.org/test_takers_information/ielts_in_the_uk.aspx

More discussion on the I Love My Foreign Spouse Facebook group (a popular forum and support group for those affected by the rules). If you are affected by these changes, it might be a good idea to check it out :
https://www.facebook.com/groups/139807999382936/

One would anticipate that these changes may well cause inconvenience and expense for those who have already invested in tests which will no longer be accepted.

English for a spouse/partner/fiancée visa: A1 or B1 level from 28 Oct 2013? Stop the confusion!

http://1st4immigration-visas.blogspot.co.uk/2013/09/english-for-spousepartnerfiancee-visa.html

A good blog post. This is a confusing subject because the term 'settlement' can have two different meanings in an  immigration context: it can mean 'settlement' in the sense of permanent residency (i.e. Indefinite Leave to Remain, or naturalisation), or it can mean a 'settlement visa' - a visa (e.g. a fiance or spouse visa) which leads up to permanent residency (but which is, itself, temporary).

A1 English is required for the latter (temporary settlement visa); the more demanding B1 level of English for the former (permanent status).

Quote : 'I had already written in this blog, back in December 2012, about 2 meanings of a term ‘Settlement’ when it comes to the UK visas, so this is what has created the current confusion. The Rules on English are changing indeed from 28 October 2013, however, the new Rules will apply to those applying for ‘Settlement and Citizenship’. The term ‘Settlement’ here represents ‘Permanent Residency’ in the UK, known as an Indefinite Leave to Remain (ILR). So, those spouses and partners who are applying for Permanent Residency from 28 Oct 2013 will need to demonstrate English at a B1 level (not A1) as well as pass a Life in the UK Test. Until then, only a Life in the UK Test is sufficient, or just an ESOL with Citizenship course, which is taught at an A2 level of English (this is why we are so busy with SET(M) applications now!).

For all visa applicants - the new list of approved English tests is out.

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf

This list changes from time to time - every couple of years. Earlier in the year the government announced a re-tendering exercise ( http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/june/84-selt ).

All applicants who are required to take a language test, please check the list and confirm the test you are planning to take is still valid.

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Reading : The new Immigration Bill is sinister and nasty - http://www.freemovement.org.uk/2013/10/16/the-new-immigration-bill-is-sinister-and-nasty/

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Health Secretary Jeremy Hunt: elderly treatment 'national shame'.

https://twitter.com/johnstuadams tweets :
Jeremy Hunt suggests we copy Asian families and care for our parents, while Theresa May stops Asian Britons' caring for their parents in UK

https://twitter.com/BritCits tweets :
May stops Brits caring for parents oseas & Brits with nonEEA spouse caring for Brit parents.@Jeremy_Hunt & May need to spk!

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Why we need a movement to counter xenophobia by Green Party's Natalie Bennett :
http://www.independent.co.uk/voices/comment/why-we-need-a-movement-to-counter-xenophobia-8887098.html

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The Adventurers :
http://www.kickstarter.com/projects/1240875245/the-adventurers-a-short-film-a-huge-topic
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The Metock case :
http://en.wikipedia.org/wiki/Metock_case

Blaise Baheten Metock and Others v Minister for Justice, Equality and Law Reform (2008) C-127/08 (known as the "Metock case") was a ground-breaking European Court of Justice (ECJ) case of major political significance, especially in Ireland and Denmark.[1] It dealt with the scope and applicability of Directive 2004/38 ("the Citizenship Directive") to member states' family unification rules for their migrant citizens.

Jessica & Arban

“I can’t wait to just have a normal life with my husband.”

Jessica is a British citizen from Nottingham working in Hampshire. She first met Arban in April 2011, several months after becoming friends with him on Facebook. They got married in April 2013.

For Jessica once they met, she knew Arban was ‘the one’. She went home after the first meeting and told her nana that she had met the man she was going to marry.

Little did she know that Arban himself had said the same thing to his family; showing them a picture of Jessica and telling them that she was his future wife.

Arban is very hard working – he was working 12 hours a day 6 days a week when they first met. Jessica at the time was in her 3rd year of BsC Audiology.

Arban’s visa had run out and he was receiving help from a solicitor for a legacies case giving him grounds to stay in the UK to be with Jessica. However, the authorities didn’t acknowledge Jessica and Arban’s relationship as durable or genuine. So Arban was deported to Albania.

Due to the stress of losing Arban, Jessica started having panic attacks, finding it difficult to leave the house on her own. She was forced to take a gap year from university hence postponing her dream job as an audiologist. She did manage to calm the panic episodes with the help of medication, but soon took a knock back after being attacked by a 13 year old in her local area. She was left covered in bruises and broken ribs.

University was postponed for yet another year.

It was painful for Arban to see Jessica in such a state even over Skype. He was upset and frustrated that he couldn’t be there to protect her or even hold her hand. That’s when Jessica decided to go into live in care, as it meant she could live at work and earn enough money to apply for the spouse visa to bring him home. It is not an easy job; Jessica hasn’t seen her own family or friends for most of the year and has only seen her husband and in laws three times in 2013. This is not what family life should be about.

In June 2013, they made the spouse application, providing evidence of earnings as well as Arban’s English language certificate.

On September 11th, they received the refusal on several grounds, including English language test and financials.

The couple is frustrated. The savings they had built up for a house deposit is being eroded with time apart. In the meantime, Jessica continues managing full-time study and work, in the hope of completing her degree and landing her dream job. The couple just looks forward to the day they can have a “normal” life together.

Emma & Haytham

“I will not be bullied into leaving my home, family, friends, job and life.”

Emma is a British citizen married to the love of her life, Haytham from Egypt. They have known each other since they were kids.

Their wedding on 29th of August 2012 was beautiful and was followed by a wonderful honeymoon. In October they applied for a six month visit visa as they did not have all the paperwork necessary to apply for a spouse visa at that time, namely the certificate to satisfy the new English language requirement.

However the Home Office decided December 2012 to refuse the application based on financial reasons,
despite Emma being in full time employment and earning above even the required threshold for a
settlement visa, and despite Haytham himself being in full time employment in Egypt, owning his own property outright and having substantial savings.

They appealed this decision immediately. In May 2013 the Home Office failed to submit a decision to the appeal by the due date, so Emma will now attend an Oral Hearing in October 2013 – a year after the initial visa application for a six month visa; fourteen months into her marriage.

Emma has travelled to Egypt four times since getting married. Although it is wonderful to have the opportunity to see her husband (as many don’t) it is not conducive to either annual leave at work or the purse strings to be going overseas so regularly. It also gets more and more emotional to leave him behind each time.

The process has taken an unacceptable amount of time for absolutely no reason at all. Haytham has since sat and passed his language test exam and they fully intend to apply for a spouse visa, and Emma dreads to think how long that process will take!

Emma is determined however to keep fighting for her right to choose to married whomever she so decided to, and to have him live with her in her country. She refuses to be bullied into leaving her home, family, job, friends and life here. She is a British Citizen and will not let the Home Office make her feel, that in loving her husband, she has committed a crime.

Previously :John Vine's report on marriage visa backlog.
http://icinspector.independent.gov.uk/decisions-in-marriage-applications-are-reasonable-but-chief-inspector-raises-concerns-about-backlogs-and-a-lack-of-consideration-of-the-best-interests-of-children/

'However, once again I was concerned to find backlogs within the Agency. These consisted of 14,000 requests from applicants to re-consider decisions to refuse them further leave to remain, and a further 2,100 cases where people were awaiting an initial decision on their application for further leave to remain. Some dated back nearly a decade. This is completely unacceptable and I expect the Agency to deal with both types of case as a matter of urgency.

http://www.guardian.co.uk/uk/2013/jan/23/inspector-uk-border-agency-backlog
Gerard and Vilai's #settlementvisanightmare - 'because we can' :
http://britcits.blogspot.co.uk/search/label/gerard

Elwyn

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

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

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

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

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

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

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

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

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

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

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

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

Eve & Gustavo

“I regret voting for the Conservative party and naively believing their promise of upholding family values!”

Eve is a British citizen, born and bred. She is aged 55, on a good salary earning £29,000. She also has savings of £28,000 all the while building up her pension pot.

Eve had never met a man she wanted to settle down with. Until she met Gustavo.

To further her interest in Brazilian music and culture on a visit to Brazil. Eve was learning Portuguese when in January 2012 she met Gustavo, a delightful Brazilian man. Gustavo is affectionate, funny, fit with a beautiful singing voice. He is a great cook, is religious and is grateful. Although not having any formal education, Gustavo is a hard worker and life with him is always interesting.

Eve and Gustavo have a balanced relationship – as maturity often lends itself to. They give each other space for their own interests – and in each other have found the perfect combination of intimacy and freedom for self-development. He is her heart..for the first time, Eve feels truly at home when she is with someone – in Gustavo she has found her companion, soul mate and feels a deep sense of comfort and peace. He was a tremendous support when Eve’s father passed away in early 2013, staying by her side during the difficult time.

Since Eve has met Gustavo she has spent countless days, sleepless nights on the UKBA website and other related sites, trying to get her head round what it will take to marry this wonderful man. In June 2012 she realised the UKBA visa rules were changing but it was too soon in their relationship to think of marriage.

Now when she is ready, she is utterly dismayed that as a British citizen she now has to apply for four separate visas – fiancé, marriage, then another visa after 30 months and another after 5 years. And if an application fails at any stage, her then husband would have to leave.

Eve regrets she voted for the Conservative Party. She naively believed their promise of upholding family values. What of her own right to have a family? What has she worked for all her life, paid taxes for, voted for? She believed she lived in a civilised country which upheld human rights.

Despite earning over the £18,600 threshold, Eve is finding the process extremely onerous and expensive. Each stage of the visa application requires legal advice and she has come across cases of others who obtained legal advice yet their application was refused on a technicality. The first stage alone will cost her £6000 taking into account legal costs and flights to Brazil. She has that money now. But jobs are uncertain. Will she still have a job when they have to go through it all again at the next two stages? The rules are now that you have to have six months of salary at the required rate.

The rules have already changed twice and Eve is certain that they will change again and fees will rise further.

She is also concerned about the English language requirement. Surely the best place for Gustavo to learn English is in England?

Eve is risk averse. She doesn’t like uncertainty and understandably, doesn’t want to live in limbo for five years on the off-chance they will fall foul of constantly changing rules and have to uproot themselves from a well-settled life.

Jay & Alberto

“We just want to live our lives together..without interference from the state..”

Jay is a British citizen. He is in love with Alberto, from Brazil. They met in the summer of 2012, when Jay was travelling to South America for holiday and adventure. As luck would have it, on the third day of his trip, he met Alberto – a meeting which would go on to affect his entire life.

There was instantly something between them. Itineraries were amended to maximise time together. They both knew they were in love and had found something special together. Jay asked Alberto to be with him permanently, to marry him and to live with him in London. Jay naively thought the process would be straightforward. He left Alberto in Brazil and returned to UK. As Jay had been travelling he didn’t have a salary nor any savings. So they decided to wait for a few months so they could save up, before applying for the proposed civil partnership six month visa.

They managed to get together the huge amount of documentation required for the application. They filed the application in February 2013, and waited. In May we finally received a response. Due to an error, Alberto had not sat the complete English test. He had scored almost 90% in the reading and listening test but had not sat the speaking and writing side. Alberto’s high score and their obvious communication in English was not sufficient enough.

This was heartbreaking and stressful following such a long wait. Jay immediately booked a flight to go and be with Alberto. They had been apart too long already. They had lost the huge application fee and were not given the opportunity to be able to prove Alberto’s level of English.

Alberto decided to visit the UK before returning to Brazil for the re-application. Brazilians normally don’t need a visa to enter the UK for visits up to six months, however because he had been refused a visa already, they were advised to apply for one. However, in a catch 22, they were refused the visit visa anyway, because they had lready been refused the earlier visa! This was incredibly frustrating. That someone could decide Alberto would overstay his visit because he had had a refusal. Why after trying to do things legally and correct would he want to be in the UK illegally? It didn’t make sense.

So now they’re going to reapply for the proposed civil partnership visa – another £900. It is upsetting at the length of time they’ve had to be apart. Alberto still has not met Jay’s family after over a year of their being together. Alberto and Jay’s grandmother were never able to meet each other.

Jay is a hard-working tax-payer. He exceeds the financial requirements, yet finds the process difficult.

Jay has never claimed any benefits. He has a good job and Alberto is a talented graphic designer who should also be able to find work in the UK and pay taxes. With no recourse to public funds.

All this couple wants is to start their lives together, build a home, have a family, contribute to society and the economy and lead the lives they want together – without interference from the state. There should not be so many obstacles in the way.

No recourse to public funds - as seen in fiance, spouse and civil partner visas.

Jay and Alberto

Samantha

“Although I satisfy it, the income threshold is too high; and the best place to learn English should be in the UK..why make our family take very difficult tests other than to encourage us to give up?”

Samantha is a British citizen. She married her husband, an Egyptian citizen, in May 2012.

They were together for four years before tying the knot, and Samantha lived in Egypt for nine months before returning to the UK in September 2012.

She returned home to get a job. She knew the immigration rules had changed and so she thought of herself especially lucky to find a job immediately, paying well over the £18,600 required.

For this couple, the hurdle proving insurmountable, is the English language test. Her husband speaks good English but his reading and writing are not so good. He took a test in February which he failed; July sees his second attempt.

Samantha understands that at the end of the day, it’s up to her husband to pass the exams. But she is bemused by how difficult they make it for candidates..almost as if they want the candidates to give up.

Results for the test are due in August/September; hopefully he passes. If not, he will have to wait till November to re-take. To Samanatha it’s a joke that she can’t be in her home country, with her own husband, without recourse to public funds.

Despite satisfying the income threshold, Samantha believes it’s too high; she doesn’t understand why foreign spouses need to take an English test, which is not remotely basic, with hours of speaking, listening, reading and writing. She doesn’t understand why the test can’t be taken in the UK – surely it would be easier to learn English surrounded by it.

Statement of Intent on changes to knowledge of language and life in the UK from 2013 has been mirrored

Here : http://www.scribd.com/doc/148202765/Statement-of-Intent-Koll

Mirrored from : https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/182545/statement-of-intent-koll.pdf

I thought it was worth making an easy-to-find copy of this upcoming change.

The statement of intent says :
'Individuals wishing to apply for indefinite leave to remain (referred to hereafter as settlement) or naturalisation as British citizens (referred to hereafter as naturalisation) are required to demonstrate their knowledge of language and life in the UK (the KoLL requirement).'

A few points here :

1/ There is confusion because the term 'settlement' is used in two different ways in an immigration context.

'Settlement' can mean permanent status in the country, i.e. either ILR (indefinite leave to remain) or citizenship (naturalisation). But a 'settlement visa' can also be used to refer to a visa which is temporary but which is part of the accepted path for permanent status, such as a fiance visa.

As the paragraph above says, this rule change applies to those applying for ILR or citizenship - not fiance or spousal or any other type of non-permanent visa, even those which lead up to a permanent status.

I've seen several misunderstandings in my interactions with people affected, and it's really a poor show by the government not to use 'plain English'

2/ Previously, nationals of non-English speaking countries needed to get either the requisite grade from an approved language test, or to pass Life in the UK. Now they are required to pass both. Nationals of English-speaking countries still need to pass the Life in the UK test.

More -

Requirement that, from October 2013, all people applying to settle in the UK will need to pass an intermediate level English language test and pass the ‘life in the UK’ test.  -
http://www.migrantsrights.org.uk/blog/2012/06/family-migration-new-rules-announced

Previous post with some links on the new Life in UK test :
http://britcits.blogspot.co.uk/2013/01/hidden-lives-life-in-uk-comedy-gold.html

Previously one or the other was acceptable. Now BOTH are required, adding more time, expense and stress to the whole process, for no real end except to make lives difficult.
http://britcits.blogspot.co.uk/2013/04/todays-links-couples-torn-apart-by-uk.html

Life in the UK test in epic medieval history fail :
http://britcits.blogspot.co.uk/2013/02/error-in-life-in-uk-book-image-below-is.html

Victory for love, the best interest of children, and British compassion

This is an update to Liz's story : http://britcits.blogspot.co.uk/2013/03/liz-via-facebook-with-permission.html

It's good to see light at the end of a very long, dark tunnel. Read it for yourself. Liz's story illustrates how genuinely wicked rules which divide families are.

Liz's story was one of those printed and presented in the second session of the APPG oral hearings, in order to draw attention to the seriousness - deadly seriousness - of the situation for those families divided.

Major props to JCWI for fighting this important and difficult case to a successful conclusion.

http://www.jcwi.org.uk/blog/2013/06/13/victory-love-best-interest-children-and-british-compassion

'A Father will be allowed to join his wife and twins after Upper Tribunal agrees there are exceptional compassionate circumstances allowing him to be exempt from the English Language Test.

'Liz Farrow a BBC Assistant met her husband while she was studying in Yemen. They got married in September 2010 and soon after their marriage Liz had to return to the UK to get back to work, her husband was not allowed to join her. She gave birth to twins on 9th July 2012 and has been struggling as a single mum as her husband has twice failed the English language test implemented as a requirement by the Government two years ago. Liz has been separated from her husband for over 3 years.

'Liz meets all the Immigration Rules requirements, including the high financial threshold to sponsor her husband. But despite the fact that he is an intelligent man, a teacher and a headmaster in Yemen he has not got through the English language test.

'Liz says: I know when my husband comes to England he will quickly learn English as he will be surrounded by the language.

'Her husband moved from Yemen to Jordan to try and learn English, but he is surrounded by Arabic and it has been impossible for him to reach the standard required to pass the test. There is an exemption from the English language requirement if there are “exceptional compassionate circumstances” but the Home Office maintained that Liz’s husband did not qualify under this exception.

'The twins are growing up without their father. For any family the birth of their first child is a momentous, joyous and a difficult time. Liz gave birth to not one but two children and she has had to raise them alone. Her husband is on the other side of the world and cannot support her or be there for the formative years in his children’s lives.

'Liz says: “I have been asked why did I marry someone from that part of the world but when you fall in love and decide to marry someone you don’t ask the person what nationality are you? Oh sorry you are not the right nationality so you can’t live with me in my country.”

'Both parents have suffered from depression and anxiety. Liz had minimal help after having a c-section during the birth of the twins, and had to recover alone and in a lot of pain.

'JCWI have represented Liz, but were initially not able to secure entry clearance for her husband.  We appealed against the decision but the First Tier Tribunal upheld the refusal to allow him a visa. We then had to appeal to the Upper Tribunal and they agreed with us that the First Tier Tribunal  judge made an error of law in not considering Liz’s husband’s case under the “exceptional compassionate circumstances” exemption from the English language requirement.'

Sharon & Salah

“UKBA need to understand that behind all they do to keep our borders safe, are REAL families – British citizens suffering as a result of ‘rules’ supposedly in place to protect us. ”

Sharon is a British citizen living in Wales, where she met her now husband, Salah.

Sharon and Salah had a very happy life together, with Sharon’s daughter taking to Salah immediately. Legal advice they received indicated a spouse visa should be applied from Salah’s country of origin, so the family went to Egypt in September 2011 from where they put in the application along with the multitude of documents required – bank statements, payslips, English language certificate. All the documents had been certified by their solicitor.

In January 2012 they heard back from UKBA, alas, with a refusal. The reason being that the rules had been changed so the English test that Salah had passed was no longer on the “approved list”. The British embassy confirmed the other documents were fine.

So Salah re-took the test, passed again and they submitted the application a week before the dreaded rules came in, in July 2012. Yet again, 3-4 months later they received a response from UKBA, with yet another refusal. The reason for refusal this time was mystifying.

UKBA indicated that Salah had been arrested and deported (not true), and that he only came to UK for money (he didn’t, but this is not relevant any way – UK workers don’t tend to work for free). The advice Sharon and Salah received was that they should go and exercise their rights in another EU country.

Fine in principle, but Sharon was aware that UKBA knew – from documents submitted, that this route wasn’t possible for her given the rights the birth father of her daughter has.

Sharon and Salah have now been living apart for a year with the stress of the situation affecting them. What our government doesn’t seem to understand is that enforcing separation is difficult at the best of times, the uncertainty that comes with not knowing when this separation will end is what causes physical and mental issues, leading to relationships and marriages falling apart.

Indeed, Sharon and Salah are not giving up. They appealed the second refusal, with the British Embassy in Egypt required to respond by 3rd April 2013. Court of Appeals however indicated that the embassy did not respond and therefore now this couple is required to go to court – so another 2 months apart before there is any sort of progress.

The money they have spent is significant – the two visa applications, legal fees, expenses for Sharon to travel to Egypt...

UKBA need to understand that behind all the paperwork they do to keep our borders safe, are REAL families – British citizens suffering as a result of "rules" supposedly in place to protect us.
 

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

Liz

(Via Facebook, with permission).

I rarely post. I can write a book but will try to keep it short. This is a bit of a tearful rant out of desperation and deep depression. 

Only people on this forum will understand. 

I gave birth to twins alone seven months ago. I have been recovering from a horrendous pregnancy where I had to be hospitalised for a time and birth (c-section) where I could have died due to huge blood loss. 

I have been basically alone to recover and alone to raise my babies with minimal help.

From application after application and appeal after appeal (fighting for compassionate exemption from the English language exam due to circumstances) and still no visa. 

I don't want to bring everyone down - but I have really seen a very ugly eviI side to this system (as most of us here). After all my family and I have been through and thousands of pounds down the drain in solicitor fees barrister fees and application fees - I have come to the conclusion that the welfare of children amounts to nothing in this country. I think that animals would be treated better than any British citizen and their British children (that is if you are not rich). 

My husband and I have had thoughts of suicide - but now that our twins are here we will fight on. I've needed therapy through this ordeal due to the horrible damage it's done to me mentally, physically and emotionally. I've done BBC interview after BBC interview with this story but there is just silence. 

Nothing is happening. 

How can people who govern this country sleep at night knowing they are tearing lives apart!? 

We are not criminals for marrying a NON-EU citizen but treated as criminals! If we pay thousands of pounds in taxes - honest and law abiding it means absolutely nothing! 

In a nutshell I've lost hope...

Liz's story :
http://www.bbc.co.uk/news/uk-20550262

A copy of this story was distributed at the APPG this afternoon : https://twitter.com/APPGMigration

Steve & Galina

“They don’t see people behind the figures and so they turn our lives into hell..”

Steve is a British citizen and 57 years old.

In March 2010, he married Galina, a Russian and 50 years old. Together, they live in Bristol.

Galina arrived in the UK as the bride of a British citizen and had a residence permit for two years, as is the norm for spouses. They followed the rules and ensured UKBA was aware of the purpose of Galina’s journey here all those years ago.

During this time, Steve and Galina lived happily. They lived together, rescued a dog from the pound, and paid their taxes. They weren’t high-earners. But they earned enough for themselves to not need to ask for any help from the state. They were happy.

At the end of the residence permit, Galina went to apply for a continuation of her residence. But the rules had changed and Steve and Galina came to face the nightmare which is the UKBA.

The rules were now such that they required a Cambridge certificate. Galina is not a young girl any
more..while she has been learning English (and well enough to send in this story to BritCits), it takes her longer to pick up things. Her memory isn’t what it once was, her life isn’t as carefree and she is just older.

The UKBA refused the extension of Galina’s visa and have made the decision to force her to leave the UK despite her ties to this country. Only because she does not have a Cambridge certificate in the English language. Galina speaks fluent Spanish. However, they feel that just because Steve is British, they are being discriminated against. They feel it’s unfair.

Indeed, it’s clear that this evident of yet further incompetency from the UKBA as Steve and Galina fall under the pre-9th July rules..however UKBA insists on applying the new rules to them, even though they submitted their applicant a month before the new rules came into play.

(To quote directly from the Statement of Intent prior to 9th July 2012 http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/soi-fam-mig.pdf
Page 34 - 'Transitional arrangements' :
A fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner, same sex partner, child or adult dependant with leave to enter or remain in the UK on the family route granted before 9 July 2012 will remain subject to the rules in force prior to that date. Likewise, those with leave granted before 9 July 2012 as a partner of a migrant with leave under the Points Based System, or as an adult dependant or post-flight family member of a refugee or person granted humanitarian protection in the UK, will also remain subject to the rules in force prior to that date. 

Clearly Steve and Galina should be covered under the old rules. This isn't the first time we've heard of this happening :
http://www.eastlothiancourier.com/news/aroundthecounty/articles/2012/10/18/437955-newlyweds-facing-exile-under-new-immigration-laws-/

http://ukimmigrationstruggle.blogspot.co.uk/2012/10/finally.html#sthash.aSpHdI6q.dpuf

http://ukimmigrationstruggle.blogspot.co.uk/2012/10/finally.html#sthash.aSpHdI6q.dpuf

http://ukimmigrationstruggle.blogspot.co.uk/2012/10/finally.html#sthash.aSpHdI6q.dpuf

http://thailand-uk.com/forums/archive/index.php/t-14991.html )

There is no answer to give to Steve and Galina, as to why after three years of marriage they are now being told there are yet further hurdles to jump over, else their marriage will be considered worthless by the government.

The UKBA has generously offered that for them to not breakup their marriage, Steve could leave the UK too. However, there is no understanding for the fact that Steve and Galina look after Steve’s 90 year old mother. If Steve were to do as the government wants and leave his home, who will look after this 90 year old British woman?

Lucy and Andres

Lucy

“England is my home and I always thought I’d be welcome here regardless of who I chose to marry ..”

Lucy is a British citizen. She is a student in her final year at university in Newcastle, studying Spanish and Geography. She spent a year abroad in Colombia, improving her Spanish and working for an NGO - an incredibly noble pursuit.

She is working hard to achieve great things. She is ambitious and on the path to success with international work experience under her belt even before she has completed her degree. She is exactly the kind of citizen we should be bending over backwards to retain her valuable skills and experience here, in the UK, to contribute to the British economy and Britain's future.

Instead, Lucy is aware that one day she may need to come to terms with the fact that she has to leave her home, only because she is in love with Andres, a man from Colombia.

They have been together for two years, lived together for 8 months in Colombia and Lucy feels secure with him. They just ‘click’. When Lucy was in Colombia in Christmas 2012, Andres asked her to marry him. Lucy said no.

She said no, not because she doesn’t want to get married. But because she can’t knowingly go into a marriage knowing they may not be able to live together. So they have settled on a Wills-and-Kate kind of arrangement, where they are engaged to be engaged.

Lucy wants to get married in her hometown. With her friends and family able to celebrate her marriage. She doesn’t want an uncertain engagement – one which instead of being used to plan a wedding, is used to compulsively check the latest on the UKBA rules.

An incredible amount of responsibility shown by ones so young. And an incredible shame, that young love is now being tainted by UKBA instead of being left to blossom on its own.

Lucy is now intent on completing her degree so that she can begin her career here. Andres is working to improve his English (as Lucy speaks fluent Spanish, they haven’t actually needed to communicate in English previously) with Lucy giving him lessons over Skype several times a week.

Lucy is convinced that within 6 months of being fully immersed in British life, Andres’s English language skills would be impeccable. He is a fast learner. However, he is being denied this opportunity, even as a tourist, with UKBA having refused his application to visit.

Lucy is however lucky, that on graduation she would likely be offered a position paying over £18,600..but that’s still over a year away, and even then, Andres may not pass the English language test, having not had opportunity to spend time in an English speaking country.

Lucy is also keen to study further, and pursue a Master’s degree. However, this option has been snatched from her by the British government, because she fell in love with a foreigner. Because she isn’t rich. Lucy is aware that living apart from her future husband for an indeterminable amount of time isn’t feasible, and therefore the UK is not going to be a likely option for her future. However she is dreading the day when she has to come to terms with that. England is her home and she always thought she’d be able to live in her home, regardless of who she married.

Indeed, it appears that after 4 years of study at a British university, the most valuable qualification this British citizen may have is a £45 Teach-English-as-a-Foreign-Language course.

Larissa & Nicolas

“It’s a shame the UK government is blind to common sense and so averse to doing the right thing, in the interest of massaging some numbers.”

Larissa is a British citizen, born and raised in London. She has lived and worked in Argentina with her fiancé, Nicolas. They intend to get married in Buenos Aires, Argentina on April 9th, and then "fight" their way into the UK.

They are facing a fight because of both, the salary rule and the English requirement – requirements which have been brought in because of, the government says, the basis of ensuring the foreign spouse is not a burden on UK taxpayers and that s/he can integrate well into the community here.

Nicolas is the son of an English teacher – he has been learning English since he was a baby, studied it in a private institute for over six years and received his own ‘Elementary English Teacher’ certificate, allowing him to teach Argentinean school students English as a foreign language. Between them, they earn more han £25,000 a year.

Yet the rules are such that they are disqualified, despite earning enough to NOT be a burden on the taxpayer and Nicolas being fluent in English.

Nicolas doesn’t have an issue with doing the test. He will pass it. The issue is that the test has to be completed in very specific locations, with no thought to the time, expense and location issues it raises for the couple.

To earn over £18,600 by herself, Larissa will have to get another job, to supplement her £14,000 income. Not easy at the best of times, but especially in this economy – and she has been trying. And even when she is successful in obtaining this job, they will have to wait six months before they can even apply to be together. And then, going by statistics obtained from UKBA, up to another six months before the visa would be granted. So the couple faces 12 months apart, even after Larissa obtains the elusive £18,600 job.

This despite the fact that their joint income is OVER £25,000.

Larissa has been told, "Well, you're marrying someone from abroad, go start your life abroad then".

The issue is Nicolas speaks English, Larissa doesn't speak Spanish.

Larissa is really close to her family in London (as is Nicolas), while Nicolas’s family is scattered around the globe.

Nicolas can take his job with him, it doesn't matter where he is. Larissa’s job is less mobile.

So for many valid reasons, it is just not the same for this young couple to start their family in
Argentina. It’s a shame the UK government is blind to common sense and so averse to doing the right thing.

---

 Editor's note: Regarding the issue of timescales. Relevant here are the news stories from late January 2013 of the UKBA backlogs in dealing with delays to partner and family visas :
'Border agency backlog keeps Britons and their foreign spouses in limbo' : http://www.guardian.co.uk/uk/2013/feb/08/immigration-marriage
'UKBA backlog: Inspectors find thousands of new cases : http://www.bbc.co.uk/news/uk-21170495

When inspectors visited a UKBA office in Sheffield they found a further backlog of 2,100 "complex" temporary migration cases. These included 180 marriage entry or settlement applications which had not received an initial decision. Some dated back to 2003.
One inspector said the unresolved applications had been effectively "dumped" on the Sheffield team after being transferred in a box from the UKBA's Croydon offices. Officials have since dealt with these cases.  

We posted on this issue on 24th January 2013 : http://britcits.blogspot.co.uk/2013/01/a-good-day.html

It's worth reading the stories and following the links. This situation - not just the unfairness of the rules but the poor implementation of the rules - causes heartbreak and uncertainty for many people. Several contributors to the BritCits pack contributed to the linked news stories. See also our very special 'bureaucracy' tag : http://britcits.blogspot.co.uk/search/label/bureaucracy

The Independent Chief Inspector on Twitter : https://twitter.com/ICIBIVine

Sandra

“In order to be with my husband I need to move to Tunisia or elsewhere in Europe..I don’t understand why I can’t live in my home, with my husband..why must I be forced out just to live with the man I have married?!!”

British citizen Sandra and her husband, Ahmed, have been fighting to have the right to live together in the UK since December 2011. Ahmed lives in Tunisia and Sandra in England.

UKBA delays and decisions have been playing havoc with their lives. They initially waited three months for an answer on their visa application. Ahmed went to the embassy and they told him they didn’t know anything about his application following which they spent three hours looking for his paper work. This was followed by a refusal letter.

They have been to solicitors who said they cannot help Sandra unless she gets a disability or carer’s allowance. So she effectively being encouraged to go on benefits to live with her husband.

They don't know what to do and are badly in need of help. They have been married for two years and the only way they get to see each other is if Sandra travels to Tunisia, which is putting her under a lot of stress and as a result of all this heartache, she has now fallen ill.

The excuses that UKBA has given for the refusal are ridiculous. First they said Ahmed’s English wasn’t up to standard; however he has an English diploma and has passed all the required tests. Then they said that Sandra wasn’t earning enough.

Sandra and Ahmed are at their wits' end.

All they want is to live their lives together.

Sandra

“This used to be a great country but the government’s attitude to British people make us second class citizens."

British citizen Sandra has been married to Monaam for over two and a half years, having known him since 2006 and been romantically involved since 2009. However immigration rules mean they are being forced to live apart; Sandra in the UK and Monaam in Tunisia.

Sandra has been welcomed with open arms by Monaam’s family – his mother, father, grandmother, sisters, brothers, nieces and nephews. They’ve taken Sandra into their fold.

Sandra however has family of her own in the UK, including her son who won’t get on a plane. Choosing to live in Tunisia means leaving her family, friends, home, work, and her dog. She should not have to be facing such a choice. The wages they would both earn in Tunisia would make even visiting the UK financially prohibitive.

So she is being told by this government that in order to live with her husband, she has to give up everything else she has, including her family? Just because she happened to fall in love and marry a non-EU man?

Every night they have been physically apart since 2009, they have been on Facebook or Skype. Monaam’s visa has been refused on countless occasions. As a visitor to the UK he was refused. When he applied for a visa to come to the UK to marry Sandra, the visa was refused.

They are battling the English test as well; Monaam takes English lessons in Tunis, yet he has not been able to pass the English test even after three attempts. Interesting, Sandra – who grew up and was educated in the UK, also failed some of the practice tests (which incidentally Monaam passed!). Indeed, is the best place to learn English not the land of the English – England?!

Just when they thought they had all the paperwork sorted, the government decided to move the goalposts yet again. As the spouse, Sandra being the British citizen has to work all extra hours she possibly can – overwork herself, in order to obtain a wage over £18,600 .

Her MP indicated how out of touch with British citizens he is by suggesting the wage she was on – before the extra hours taken on – was for part time work!! The amount Sandra earns for a 40 hour week is below £18,600 which is close to the average for Dorset, the region where she lives, and above the minimum wage. Just goes to show what politicians sitting with their gilded salaries, pension and expense benefits know!

Nonetheless, Sandra appreciates the support her MP has shown by providing a letter of recommendation that in his eyes they are a genuine couple who should be allowed to live together in the UK, to submit with their next spousal visa application. However, with the £18,600 hanging over their head and no discretion allowed this letter may not be of much help.

So far the costs of applying for visas (visiting, spouse), flights,etc are financially crippling them; indeed, if heir marriage were not so strong, no doubt they’d have given up by now.

Sandra is heartbroken and on anti-depressants to help her cope with the constant stress and enforced separation . Like others, she doesn’t understand why this government thinks it’s okay to keep husbands and wives apart for years especially when they otherwise profess to be pro marriage and pro family.

Sandra is being forced to constantly jump through moving hoops. How can anyone prove that what they share is love for each other or that a marriage will last a lifetime?

Sandra’s view is that the government is turning this country into a racist, ageist, sexist state where the right to fall in love and marry a non-EU person is only one afforded to the rich. It’s difficult to contest that.

Emma

“I am in despair. My family has been kept apart for many years, despite playing by the rules...which the government keeps changing.”

Emma is a British citizen. She met her future husband in Indonesia in 2001. She returned to Indonesia in 2002 and they stayed together before Emma came back to the UK.

They kept in touch via post and email over the next seven months, before Emma returned to Indonesia to marry her husband.

Her husband applied for a UK visa, allowing him to move here with his new wife, following which the couple moved here, and had a daughter and son. Both Emma and her husband worked in the UK, without claiming a penny in benefits. This was in 2002.

In 2007, the family decided to try living in Indonesia. They set up their own business there. However, some time later, they decided to return to the UK, where Emma felt that she could find better work.

However, they were in for a shock. Emma’s husband’s returning residence visa was refused as he’d been outside the UK for over two months in a two-year period. The British Embassy in Jakarta advised the couple to apply for a ‘returning visitor visa’ as they were still within the rules. But they were in for another shock!

This visa was refused, wasting time and money. They were subsequently advised to apply for a spouse visa – costing £800. This too was refused, on grounds of Emma (the sponsor) not having a job in the UK.

The immigration officer advised them in the refusal letter that if Emma were to return to the UK and make provisions for her husband to return – get a job, and a house adequate for family life in the UK – she would be able to make a successful visa application for her husband.

Emma returned to the UK with her two children, arranged accommodation, settled the kids into school and started job hunting. This meant, unfortunately, that she was juggling childcare and associated costs, effectively as a single mother, making it incredibly difficult to secure full-time employment, despite securing job interviews!

It was ironic, because if her husband was allowed to be with her, the family’s child care problems
would cease to exist, as the couple could have organised their time to work and care for their little family without having to claim any benefits.

In fact, Emma did everything in her power to avoid becoming a burden on the State. She set herself up as an entrepreneur with her own freelance business, working from home. In desperation, she wrote to her local MP explaining the situation, expecting some help from a person paid to represent his constituents. The MP’s reply was unhelpful, merely expressing his sympathy for their situation and stating that even another MP had had his wife’s visa refused entry to the UK – difficult for everyone!

Emma then wrote to the Prime Minister, receiving a standard letter expressing his sympathy, and enclosing the immigration rules! As if she didn’t already know them!

She was featured on the front page of the local newspaper – which had initially contacted her about a mural she had produced for the school, but were subsequently more interested in her family situation.

People stopped Emma in the street asking her how she was coping. Like many members of the general public, they couldn’t believe her story – ‘But you are married!’ – and they could not believe how, at this stage, she had been apart from her husband – and the kids from their father – for three long years.

Emma’s husband came into some money in April 2012 and applied yet again for a visa, only for it to be refused yet again – this time on the grounds he hadn’t done his English test. They were aware he had to do this test in due course, but the Embassy in Jakarta had informed him he could do it in the UK. They lost another £820. Yet more time and more money lost..yet more heartbreak.

Emma contacted a lawyer who told her the couple couldn’t appeal as it’s now a requirement to pass an approved English test pre-visa application. The fact that they had been incorrectly informed by a British Embassy cut no ice – so hard-working Brits are forced to donate money to UKBA because of mistakes of UK government employees.

Emma’s husband did his English test on July 20th 2012. They were still waiting for the result at the end of September. More time passed, more money lost. And, brutally, the government changed the immigration rules yet again… .

Now, Emma has to be earning £18,600 – on top of whatever her husband earns – if the family is to be reunited. The rule changes were announced in June, and introduced in July – hardly enough time to
prepare.

As of today, Emma is in despair. The family has been kept apart for many years, despite playing by the rules. What hope is there for them?

The government has behaved appallingly. One part of the government (the Embassy) incorrectly advised Emma on the rules. Yet they are prepared to take her money for each application, in a manner which would make a lowlife street conman proud.

Another part of the government (the UKBA) introduces rules so arcane that, within a matter of weeks, they would have made Kafka proud – indeed, rules so complex that even MPs getting paid £100,000 have difficulty grasping the key concepts and locating all the hidden annexes.

The new rules were introduced by means of ‘secondary legislation’ – meaning the House of Commons didn’t even get to debate them, and doubtless many politicians remain unaware of all the intricate details!