Hello reader,
Nicole and I went to the UKBA in Glasgow today for our FLR(M) interview at 11:30am and I am pleased to tell you that we were approved!
The people there were friendly and helpful and I couldn't fault the service on the day. That is not to say however that we will not be looking for answers regarding the misinformation we were given by the UKBA and the Home Office. The unnecessary stress we went through is something that should not be happening and we hope that our story can help to ensure that this kind of thing doesn't happen again.
Thank you for all of your advice and support.
Thank you for reading,
John
Wednesday 5 December 2012
Friday 26 October 2012
Our local MP is looking for answers!
Hello reader,
I contacted my MP's Senior Caseworker with the email below.
--
Joanna,
Nicole called the UKBA on Tuesday late afternoon and a different person told her that we fall under the old rules as Nicole entered the UK on a visa issued before 9 July 2012.
This comes as a huge relief as you can imagine but I have to say we are very disappointed with the UKBA and the Home Office itself who also told us we would be subject to the new rules. The UKBA gave bad information out to Nicole, the East Lothian Courier, the Daily Express and to your office. So on four out of five occasions they were wrong when advising on the rules they are meant to know and understand. You have to wonder how many others have been and will continue to be put through unnecessary worry and distress?
I would like to thank you for your help and advice during both the fiance visa process and with this, it is very much appreciated.
Kind regards,
John
--
I was hoping that her office would not just let this go and follow up to find out how we were misinformed on so many occasions. Her response is below.
--
I contacted my MP's Senior Caseworker with the email below.
--
Joanna,
Nicole called the UKBA on Tuesday late afternoon and a different person told her that we fall under the old rules as Nicole entered the UK on a visa issued before 9 July 2012.
This comes as a huge relief as you can imagine but I have to say we are very disappointed with the UKBA and the Home Office itself who also told us we would be subject to the new rules. The UKBA gave bad information out to Nicole, the East Lothian Courier, the Daily Express and to your office. So on four out of five occasions they were wrong when advising on the rules they are meant to know and understand. You have to wonder how many others have been and will continue to be put through unnecessary worry and distress?
I would like to thank you for your help and advice during both the fiance visa process and with this, it is very much appreciated.
Kind regards,
John
--
I was hoping that her office would not just let this go and follow up to find out how we were misinformed on so many occasions. Her response is below.
--
Dear John,
Many
thanks for keeping me up-to-date. I will make sure that Fiona is
informed – she will be delighted by this news. Fiona will also take
this matter up
with the Minister with regards to the process/confusion and as soon as
she has received a response she will be in touch with you.
Wishing you and your wife a very happy future together.
Please
do not hesitate to get back in touch should you have any other
difficulties in the future or if you have any other issues which you
wish to raise with
Fiona.
Kind regards
Joanna
--
Good news as far as we are concerned. Hopefully the UKBA will realise they need to take action with regards to how their staff are handling such enquiries. What is really worrying is that some people may have just accepted this bad information and already left the UK because of it.
Thank you for reading.
John
Wednesday 24 October 2012
Finally!
Hello reader,
So we finally have the answer we wanted to hear. Nicole spent a good half hour on the phone with Jessica from the UK Border Agency and she was able to confirm that we will be considered under the old rules.
This comes as a huge relief as you can imagine and Nicole and I can finally focus on the next stage of our journey. What's next for us? Well now we must fill out the FLR(M) form, gather all of our information together and get the Spouse visa application sent off.
What I find difficult to understand is how someone at the UKBA managed to misinform first Nicole and then after that a local newspaper the East Lothian Courier, a national newspaper the Daily Express and an MP's office. We were also misinformed by the Citizen's Advice Bureau and worst of all the Home Office!!!
The kind of distress this has caused Nicole and I was absolutely the last thing we needed right after our wedding. Hopefully our story can help others avoid such a situation.
I'll continue to update regarding our application and hopefully in the near future I will be able to report that we were successful.
Thank you to everyone who has helped us so far and thank you for reading.
John
So we finally have the answer we wanted to hear. Nicole spent a good half hour on the phone with Jessica from the UK Border Agency and she was able to confirm that we will be considered under the old rules.
This comes as a huge relief as you can imagine and Nicole and I can finally focus on the next stage of our journey. What's next for us? Well now we must fill out the FLR(M) form, gather all of our information together and get the Spouse visa application sent off.
What I find difficult to understand is how someone at the UKBA managed to misinform first Nicole and then after that a local newspaper the East Lothian Courier, a national newspaper the Daily Express and an MP's office. We were also misinformed by the Citizen's Advice Bureau and worst of all the Home Office!!!
The kind of distress this has caused Nicole and I was absolutely the last thing we needed right after our wedding. Hopefully our story can help others avoid such a situation.
I'll continue to update regarding our application and hopefully in the near future I will be able to report that we were successful.
Thank you to everyone who has helped us so far and thank you for reading.
John
Tuesday 23 October 2012
A response from the Home Office...of sorts
Hello reader,
Is it just me or is everyone I ask incapable of giving me a straight answer?
Dear John C Tait
Thank
you for your email of 15/10/12 about the introduction of a minimum
income requirement for sponsoring a spouse or partner under the
Immigration Rules.
From
9 July 2012, British citizens or those settled in the UK who wish to
sponsor a non-European Economic Area (EEA) spouse or partner on the
family
migration route need to meet a minimum income requirement of £18,600,
with additional financial requirements to sponsor a child under the age
of 18 before the partner reaches settlement: £22,400 for one child in
addition to the partner and an additional £2,400
for each further child. The additional financial requirement for
children applies to non-British or non-EEA children who are being
sponsored under the Immigration Rules.
The
purpose of the minimum income requirement for sponsorship is to ensure
that family migrants are supported at a reasonable level so that they do
not
become a burden on the taxpayer and they can participate sufficiently
in everyday life to facilitate their integration in British society.
British citizens and those settled in the UK are free to enter into a
genuine relationship with whomever they choose,
but if they wish to establish their family life in the UK, it is
appropriate that they should do so on a basis that does not increase
burdens on the taxpayer and promotes integration.
Everyone
has a right under Article 8 of the European Convention on Human Rights
(ECHR) to respect for their private and family life, however it is not
an absolute right. It is legitimate to interfere with the exercise of
that right where it is in the public interest to do so, and in
particular where it is necessary for public protection or for the
economic well-being of the UK, which includes maintaining
our immigration controls.
The
maintenance requirement before 9 July in practice meant that any
sponsor earning, after tax and housing costs have been deducted, more
than the equivalent of income support
for a couple (around £5,795 a year) was deemed to have sufficient funds
to sponsor a spouse or partner. This is inadequate to prevent burdens
on the taxpayer; whilst the migrant spouse or partner cannot access most
welfare benefits before settlement, their
presence in the UK may increase the sponsor’s entitlement to certain
benefits, e.g. Housing Benefit.
The
minimum income requirement was set at £18,600 after considering advice
from the independent Migration Advisory Committee (MAC), who had been
asked to advise on what the threshold
should be to ensure that the sponsor can support the spouse or partner
and any dependants independently without them becoming a burden on the
taxpayer. Their
report, which was published on 16 November 2011,
recommended
that the threshold should be set in a range between £18,600 (the level
at which a couple generally ceases to be able to access income-related
benefits) and £25,700 (the level at which
the sponsor becomes a net contributor to the public finances).
The
present or prospective earnings, or any job offer, of the migrant
spouse or partner will not be taken into account when they apply for
entry clearance
to come to the UK. This is because employment overseas is no guarantee
of finding work in the UK and job offers can be hard to validate. Once
the migrant is in the UK and has obtained employment, the income from
this may be counted towards meeting the financial
requirement at the subsequent application stages for leave to remain.
At that point the UK Border Agency will be able to check that employment
has been obtained and is a reliable source of income.
The rules make provision for cash savings above £16,000 (the level of savings at
which a person would generally not qualify for income related benefits) held by the
sponsor, the applicant or jointly for at least six months at the time of application, to
be used towards meeting the requirement. Other income, for example from
investments or property rental, may also be taken into account.
Full
details of the changes to the family Immigration Rules, including the
ways in which the financial requirement can be met, can be found on the
UK
Border Agency’s website at:
Yours sincerely
--
I feel like my question is being intentionally ignored at this point and I am becoming increasingly frustrated with the 'copy and paste' responses I am receiving.
Thank you for reading,
John
Monday 22 October 2012
Still no further forward...
Hello reader,
We have heard very conflicting statements over the last few weeks and as we seek clarification we have got the exact opposite. We reached out to our local MP or more accurately her Senior Caseworker regarding our situation. She emailed the UKBA and below is the response that she received.
We have heard very conflicting statements over the last few weeks and as we seek clarification we have got the exact opposite. We reached out to our local MP or more accurately her Senior Caseworker regarding our situation. She emailed the UKBA and below is the response that she received.
--
Dear Joanna,
Thank you for your enquiry.
Yes – Mr Tait is correct that there is now a minimum income threshold of £18,600.
The
requirement was set after considering advice from the Independent
Migration Advisory Committee. They were asked to advise on what the
threshold should be to ensure that
the sponsor can support the spouse or partner and any dependents
independently without them becoming a burden on the taxpayer. Their
report, which was published on 16 November 2011, recommended that the
threshold should be set in a range between £18,600 (the
level at which a couple generally ceases to be able to access
income-related benefits) and £25,700 (the level at which the sponsor
becomes a net contributor to the public funds).
The finance requirement can be met by:
· The income from the applicant’s employment or self employment if they are applying from inside the UK (and have permission to work);
· Certain income from sources other than employment, such as rent from property;
· State or private pensions for the applicant or sponsor;
· Maternity allowances or bereavement benefits received in the UK; or
· Cash savings over a certain level (the amount will depend on the level of income).
The couple can find full details of the finance requirement on the UKBA website using the following link:
Kind regards,
HEO MP Account Manager Team
--
This completely contradicts the information forwarded to us by the likes of Transpondia and new Facebook friends who are in a similar situation as ours.
We have been promised further correspondence from our local MP's office tomorrow which we will share as and when it becomes available.
Thank you for reading.
John
Friday 19 October 2012
Websites who are featuring our story
Hello reader,
I typed our article title into Google search as a matter of interest and a number of websites are featuring our article. I have listed them below so please feel free to follow the links and comment if you wish.
http://www.filipinouk.co.uk/forum/showthread.php/42023-Newlyweds-facing-exile-under-new-immigration-laws
http://localuknews.co.uk/article/newlyweds-facing-exile-under-new-immigration-laws
http://www.i4u.com/2012/10/new-jersey/facing-immigration-under-new-exile-laws-newlyweds
http://www.celebrityballa.com/2012/10/new-jersey/exile-facing-immigration-newlyweds-laws-under-new
http://www.newsnow.co.uk/h/Current+Affairs/Immigration
It is so encouraging to see so many people take an interest in our situation and the vast majority of the comments have been very sympathetic and supportive of our case.
If you have a similar situation please share it via the comments.
Thank you for reading,
John
I typed our article title into Google search as a matter of interest and a number of websites are featuring our article. I have listed them below so please feel free to follow the links and comment if you wish.
http://www.filipinouk.co.uk/forum/showthread.php/42023-Newlyweds-facing-exile-under-new-immigration-laws
http://localuknews.co.uk/article/newlyweds-facing-exile-under-new-immigration-laws
http://www.i4u.com/2012/10/new-jersey/facing-immigration-under-new-exile-laws-newlyweds
http://www.celebrityballa.com/2012/10/new-jersey/exile-facing-immigration-newlyweds-laws-under-new
http://www.newsnow.co.uk/h/Current+Affairs/Immigration
It is so encouraging to see so many people take an interest in our situation and the vast majority of the comments have been very sympathetic and supportive of our case.
If you have a similar situation please share it via the comments.
Thank you for reading,
John
We've gone National!
Hello reader,
Our story has now gone national and is featured on page 22 of the Daily Express! The article details our background, when we were married and the problems we now face as a result of the immigration rule changes. I was happy to see them mention the fact that both Nicole and I are involved in voluntary work in our local community which is surely another good argument for our case.
This is another great article written this time by Dean Herbert and we are delighted to see people taking an interest in our situation. I visited the East Lothian Courier's website this morning and discovered that our story is top of the Most Read articles list which is very encouraging.
Thank you for reading,
John
Our story has now gone national and is featured on page 22 of the Daily Express! The article details our background, when we were married and the problems we now face as a result of the immigration rule changes. I was happy to see them mention the fact that both Nicole and I are involved in voluntary work in our local community which is surely another good argument for our case.
 |
| The Scottish Daily Express has published our story |
This is another great article written this time by Dean Herbert and we are delighted to see people taking an interest in our situation. I visited the East Lothian Courier's website this morning and discovered that our story is top of the Most Read articles list which is very encouraging.
Thank you for reading,
John
Thursday 18 October 2012
We're in the paper!
Hello reader,
Our local newspaper the East Lothian Courier published our story today. On the front page is the caption "Don't send us into exile" followed by "New immigration laws set to force newlyweds to leave the country". The article is on page 3 of the newspaper and is very simply titled "Couple facing exile". The article goes into our relationship and background as well as detailing the changes in the rules and underlining that our only viable option in order to be together and avoid six months apart is to both move to another country.
The paper has done us proud and we are delighted with the way it was covered by Bryan Copland. He highlighted the facts and problems associated with the rule changes and has helped to raise awareness of the issue at hand. Further than that it has created interest from a National newspaper who are going to be featuring us in the coming days.
Things are gathering pace and awareness is being raised around the country. Please check back soon for an update on the national newspaper article.
Thank you for reading,
John
Our local newspaper the East Lothian Courier published our story today. On the front page is the caption "Don't send us into exile" followed by "New immigration laws set to force newlyweds to leave the country". The article is on page 3 of the newspaper and is very simply titled "Couple facing exile". The article goes into our relationship and background as well as detailing the changes in the rules and underlining that our only viable option in order to be together and avoid six months apart is to both move to another country.
 |
| If you wish to read the article then please follow the link below and by all means feel free to comment. |
The paper has done us proud and we are delighted with the way it was covered by Bryan Copland. He highlighted the facts and problems associated with the rule changes and has helped to raise awareness of the issue at hand. Further than that it has created interest from a National newspaper who are going to be featuring us in the coming days.
Things are gathering pace and awareness is being raised around the country. Please check back soon for an update on the national newspaper article.
Thank you for reading,
John
Wednesday 17 October 2012
People are listening...
Hello reader,
Over the last few weeks Nicole and I have been reaching out to the Citizen's Advice Bureau (CAB), the UK Border Agency (UKBA), Theresa May MP (the home secretary who spearheaded the rule changes) our MP and various newspapers on both a local and national level.
After what seemed like almost deafening silence we finally began receiving responses to our enquiries and here is what we have so far.
Our MP is out of the country right now but her Senior Caseworker has responded to us sympathising with our situation. She has contacted the UKBA and is awaiting response. Upon our MP's return they will discuss the matter, may make representations to the minister and will get back to us to confirm what actions she may be able to take on our behalf.
Our local newspaper has contacted us and will be doing a story about our case in order to raise awareness of the issue.
So far no national newspapers that we have contacted have been in touch.
It is good to know that some people are listening and our voices are being heard even if it is on a local basis at this point in time. Nicole and I are not willing to give up and will continue our fight.
I will post updates in due course.
Thank you for reading.
John
Over the last few weeks Nicole and I have been reaching out to the Citizen's Advice Bureau (CAB), the UK Border Agency (UKBA), Theresa May MP (the home secretary who spearheaded the rule changes) our MP and various newspapers on both a local and national level.
After what seemed like almost deafening silence we finally began receiving responses to our enquiries and here is what we have so far.
| CAB were only able to confirm that the new rules do apply to us even though Nicole entered the UK under the old rules |
| The UKBA also confirmed that as we are technically applying for a new visa rather than an extension to an existing visa, the new rules apply to us |
| Nobody from Theresa May MP's office has bothered to even acknowledge receipt of our email which was sent over one week ago |
Our MP is out of the country right now but her Senior Caseworker has responded to us sympathising with our situation. She has contacted the UKBA and is awaiting response. Upon our MP's return they will discuss the matter, may make representations to the minister and will get back to us to confirm what actions she may be able to take on our behalf.
Our local newspaper has contacted us and will be doing a story about our case in order to raise awareness of the issue.
So far no national newspapers that we have contacted have been in touch.
It is good to know that some people are listening and our voices are being heard even if it is on a local basis at this point in time. Nicole and I are not willing to give up and will continue our fight.
I will post updates in due course.
Thank you for reading.
John
Monday 15 October 2012
The story of John & Nicole
Hello reader,
I am a British citizen born in Edinburgh to my parents, John and Ellen who are also British citizens. My wife Nicole (a US citizen) and I met during my five years working as a football coach in the United States of America. My work visa expired in December 2011 and Nicole and I flew home to spend Christmas and New Year with my family and friends. She returned to the US in early January and we were apart for four months until she came back for a holiday in April which is when I proposed to her. Nicole moved to the UK in July having obtained a fiance visa and we were together again after spending the best part of seven months apart. We were married on 29 September 2012 and are now ready to obtain a spouse visa but we are concerned by the new immigration laws.
I am a British citizen born in Edinburgh to my parents, John and Ellen who are also British citizens. My wife Nicole (a US citizen) and I met during my five years working as a football coach in the United States of America. My work visa expired in December 2011 and Nicole and I flew home to spend Christmas and New Year with my family and friends. She returned to the US in early January and we were apart for four months until she came back for a holiday in April which is when I proposed to her. Nicole moved to the UK in July having obtained a fiance visa and we were together again after spending the best part of seven months apart. We were married on 29 September 2012 and are now ready to obtain a spouse visa but we are concerned by the new immigration laws.
We applied
for the fiance visa on 31 May 2012 and it was issued 15 June 2012. On 11
June 2012 it was announced that there would be changes to the
immigration rules which would come into effect on 9 July 2012 including
the introduction
of a new minimum income threshold of £18,600 for sponsoring the
settlement in the UK of a spouse or partner, or fiancé(e) or proposed
civil partner of non-European Economic Area (EEA) nationality. I
have been employed in the UK since 28 March 2012 and
make approx £16,750 per year.
My issues regarding the new laws are as follow:
My issues regarding the new laws are as follow:
- We applied for the fiance visa on 31 May 2012
- The new laws were announced on 11 June 2012
- We were issued the fiance visa on 15 June 2012
- The new laws were announced on 11 June 2012
- We were issued the fiance visa on 15 June 2012
- The new laws were implemented on 9 July 2012
- The minimum wage in the UK is currently £6.19 per hour
- I make over £8 per hour yet this is not deemed acceptable
- The
income support allowance of £5,795.40 per annum deemed sufficient for a
UK couple, and used as the previous benchmark to determine whether
migrants to the UK could be adequately maintained has now been raised to
£18,600- I make over £8 per hour yet this is not deemed acceptable
Nicole is a college university graduate with two degrees in fashion and marketing and is eager to gain a working status so that she can contribute. We understand the rules and we have followed them to the letter. She would pay her taxes and National Insurance and would be in no way, shape or form a burden on the UK. While she has been here on the UK fiance visa her and I have volunteerd to help our community sports development trust which includes helping to raise funds to build new facilities for the children in our local area. We are by all accounts decent people who want nothing other than to live together as man and wife.
While I understand that immigration is an issue in the United Kingdom I feel that these new rules make it virtually impossible for new couples to settle here. It feels as though people like us who are trying to go through the appropriate channels are being punished somehow. My wife and I were already separated for a period of around seven months and can't bear the thought of being apart again. If we cannot settle here then our only other option is the US which will mean us starting the Green Card process (9 months average processing time). I am worried that I am going to be forced to leave my own country so Nicole and I can be together.
While I understand that immigration is an issue in the United Kingdom I feel that these new rules make it virtually impossible for new couples to settle here. It feels as though people like us who are trying to go through the appropriate channels are being punished somehow. My wife and I were already separated for a period of around seven months and can't bear the thought of being apart again. If we cannot settle here then our only other option is the US which will mean us starting the Green Card process (9 months average processing time). I am worried that I am going to be forced to leave my own country so Nicole and I can be together.
I
am hoping to raise awareness of this issue with as many people as
possible in an effort to keep my wife and I together. If anyone out there reading this is experiencing similar issues then please share them via comments. Anything I find out or any progress I make, I will share in this blog.
Thank you for reading.
John
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