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.

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:

- 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 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

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.

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