BritCits Divided Family of the Week

Suzanne

“UK puts a price tag on love.”

Suzanne is British, with a fiancée from the USA, living in the north-east of England. They’ve been together for nearly three years and planned to marry this year.

At £16,600, Suzanne earns just £2,000 below the required threshold. However, average wages in northern England are lower than in the rest of the country and £16,600 is considered a very good salary.

The couple’s only recourse is to try and save up over £20,000 in cash – a figure the couple feel government has plucked out of thin air, to make up for the £2,000 income deficit from the £18,600 per annum salary requirement. An amount that will take years to save, if ever, evident of how out of touch politicians are.

Suzanne cannot move to the US because the American government does not recognise same-sex unions.
So, their lives are on hold, and their right to a private life is held in check by two countries with equally discriminatory laws. UK puts a price tag on love, and America has a gender requirement.

Since they have no idea when they will be able to be together, the separation is slowing chipping away at their sanity as they struggle to stay on track; relationships are hard enough to maintain at the best of times.

However, enforced distance results in additional frustrations, distress and depression.

Update: Unfortunately, thanks to the havoc wreaked by the new rules, Suzanne and her fiancée broke up. 

The positive change since 2012 was that the United States did overturn the federal law which previously prevented American citizens from sponsoring same-sex spouses and fiancees, and it's much easier to do so as well, as third party support is allowed, personal financial circumstances such as cost of living in the state of residence vs income are considered, and the income level is at a reasonable level such that anyone with a full time job would satisfy it.

Unfortunately, moving to the United States wasn't an option for Suzanne because both her parents in the UK are ill.  Suzanne felt it was her duty to stay and look after her parents, as there is no other family nearby to assist.  However as Suzanne still doesn’t earn £18,600, she couldn’t sponsor her fiancée either.  If she came here, it would be impossible for her to return to the UK with me, again because of the financial requirement.

The more relaxed US laws on family reunification would actually for Suzanne’s parents to also relocate to the US, so that their daughter could be with her partner; but their health condition prevents such a move.

The couple were at an impasse with no resolution in sight, and unfortunately, both thought it best to end things than continue in a long distance relationship with no means visible for their being able to finally live together.  Another family fallen victim to Home Office’s family immigration rules.

Sutton Guardian : 'Dying disabled British woman pledges to go on hunger strike outside Parliament after immigration officials refuse her American husband right to stay'
 
http://m.suttonguardian.co.uk/news/11719958.Dying_disabled_British_woman_pledges_to_go_on_hunger_strike_outside_Parliament_after_immigration_officials_refuse_her_American_husband_right_to_stay/

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.

BritCits United Family of the Week

Wayne & Daisy

"I didn't earn £18,600 but owned my 4 bedroom home outright. This was completely disregarded by the Home Office. So I had to exercise my free movement rights, else make a choice between by my wife and baby in the Philippines or daughter in the UK."

Daisy and Wayne in the earlier days of their relationship.

Wayne is a British citizen.

He met his wife Daisy in the way many 21^st century couples do...online.  At their first meeting though, Wayne knew Daisy was ‘the one’.  At the time, Daisy was working in Denmark as an au pair. They soon became a couple but were refused even a visit visa.  Daisy moved to Norway after receiving a job offer, when Wayne asked her to marry him.  To his delight, she said ‘yes’!

Wayne and Daisy's wedding

As Daisy owns land in Philippines, they decided to build a house there.  She returned home for six months to manage the wedding preparations (no mean feat!).  They got married and lived together in Philippines for the next six months.   

However, with news of Daisy's pregnancy, Wayne returned home to find work in Torbay.  He wants his baby to grow up where he did. 

Although he couldn't meet the £18,600 income requirement, not a surprise in his part of the UK, Wayne owns his four bedroom house outright – no mortgage!  He doesn’t need a lot to live on - unlike someone with a huge rent or mortgage. He contributes to the economy supplying valuable trade skills as a handyman, window cleaner and builder.  As Wayne proudly told us,“Daisy is a college graduate midwife. She finished top of her class. She was also a sergeant major in her local reservists when she was at school. That one made me giggle as she is so small bless.", nothing the UK is in desperate need of midwives.

However Wayne's financial situation, his contribution to the community and Daisy's skills were all disregarded by the Home Office.

Wayne thus exercised his free movement rights moving to France where the couple on 3^rd October 2013, welcomed their daughter, Paris into the world.  Wayne is confident that if Daisy had not been able to give birth in Europe, she would likely have died given the terror attack in Ozamis city, Mindanao. 

Daisy, Wayne and their baby, Paris.

Wayne’s experience of the French people is very positive and the couple is grateful for the help and support of the local community, feeling accepted when hospital staff expressed a wish that the family would permanently settle in the lovely town of Saint-Amand-Montrond.

Wayne's teenage daughter with stepmum, Daisy

However, with Wayne’s mum having been diagnosed with cancer and his teenage daughter in the UK, Wayne wanted to return home thus fulfilling his own mum’s wish to be able to live long enough to welcome Daisy and the baby into the family.  

It’s not been plain sailing in the UK though.  Obtaining a NINO for Daisy proved to be a nightmare and Home Office did not correctly apply EEA regulations in Daisy’s Residence Card application.

With Wayne’s MP intervening requesting Home Office correctly apply O&B vs Netherlands case law, the couple hopes that Daisy will now finally be granted with a document to evidence her right to remain.

Family join local community celebrations in Devon.

Whilst they wait, Daisy proving to be quite an entrepreneur, has set up a cleaning business though she is still hoping to work either in healthcare for OAPs or utilise her skills and continue to work as a midwife.  Paris is enjoying the love and attention received from the entire family, especially elder sister.

The couple ensures that Paris, though British is in touch with her Filipino roots too – she is being raised in a bilingual environment, and the family as well as immersing themselves in all things British are involved in the local community in Devon including attending the local Filipino Pre-New Year party.   Respect for all.  These are the British values – the human values - we should be practicing.