American mother refused UK visa over income rules

[Maestro]

American mother refused UK visa over income rules

7 April 2016

More than 1,000 people have signed a petition urging the Home Office not to deport an American woman living in the UK.

Katy James has been refused a visa because her British husband Dominic, a self-employed bike dealer, earns less than £18,600 per year.

Mr and Mrs James married in 2006 and have a daughter, Madeleine, aged two.

Read more: http://www.bbc.com/news/uk-england-sussex-35979897

-- BBC 2016-04-07

[Maestro]

Katy James's visa application to be reconsidered by Home Office

7 hrs ago / Peter Lindsey

THE Home Office has confirmed it will reconsider the case of a US-born mother facing deportation after her visa application was turned down.

It comes after The Argus reported how US-born Katy James, 40, of Glendale Avenue, Eastbourne, was told last Saturday her request for a visa had been rejected, and that she must leave the country within 14 days.

She has decided to appeal – a process which can take up to 12 months – after she and husband Dominic, 42, and two-year-old daughter Madeline met with Eastbourne MP Caroline Ansell on Wednesday afternoon.

Read more: http://www.theargus.co.uk/news/14416439.Rethink_over_mother_s_battle_to_stay_in_UK/

-- The Argus 2016-04-09

[JetsetBkk]

Sad, but rules is rules.

[AhFarangJa]

Rules is rules....yes...except if she was an immigrant from one of several muslim countries, or Africa, she would not be treated like this.

[7by7]

Didn't take long for the ignorant comments from the ill informed to arrive!

This absurd financial requirement applies to everyone applying to enter or remain in the UK via the family settlement rules; regardless of their nationality, race, religion or fashion sense.

[AhFarangJa]

Really......

[7by7]

Yes, really.

[Richard W]

Yep, rules is rules. In particular, I deduce that Katy James was admitted as a visitor, which is why she has been refused. Had she been in the UK on some other basis, she should, given what we know, have been allowed to stay on the 10-year route because of the anchor baby. UK policy is that Dominic James should emigrate.

[7by7]

Indeed, Richard.

The BBC article does not give enough information to make an informed comment on her case. Although an article in the Daily Mail says she entered the UK last year. So it was probably as a visitor because, of course, had she entered as a spouse she wouldn't be applying for FLR yet.

This article from their local paper, The Argus, says that the Home Office are reconsidering the case due to what their MP calls "unique circumstances" and the human right of the child and mother not to be separated.

Which seems strange to me.

You and I are both aware that there is nothing unique about this case; you and I are both aware of at least two cases slowly wending their way through the appeals process using the exact same argument. Two cases where to date all the courts, including the High Court, have decided in favour of the government!

Those two cases do involve people from Muslim countries. So maybe AhFarangJa is right and Mrs James is being treated differently because she's a white, non Muslim American!

[brewsterbudgen]

Sad how the press pick this particular case to illustrate the injustice of this stupid rule and ignore the countless other less glamorous cases.

[7by7]

Indeed.

Regular readers of the visas and immigration to other countries forum will know that several TV members are in very similar positions to this couple.

They will also know about my opposition to this absurd financial requirement; one which is based on gross income alone and, unlike the pre July 2012 requirement, completely ignores outgoings.

[arjunadawn]

Indeed, Richard.

The BBC article does not give enough information to make an informed comment on her case. Although an article in the Daily Mail says she entered the UK last year. So it was probably as a visitor because, of course, had she entered as a spouse she wouldn't be applying for FLR yet.

This article from their local paper, The Argus, says that the Home Office are reconsidering the case due to what their MP calls "unique circumstances" and the human right of the child and mother not to be separated.

Which seems strange to me.

You and I are both aware that there is nothing unique about this case; you and I are both aware of at least two cases slowly wending their way through the appeals process using the exact same argument. Two cases where to date all the courts, including the High Court, have decided in favour of the government!

Those two cases do involve people from Muslim countries. So maybe AhFarangJa is right and Mrs James is being treated differently because she's a white, non Muslim American!

I know you are pretty knowledgeable on such things (Indeed, you definitely helped me specifically in the past regarding UK/Visa things). I think I surmise what the conclusion you are reaching is but its only a guess. Are you saying there are at least two similar cases that you are aware of where there have been court rulings and the courts have not responded favorably, and that in this case it looks like they may? Or, is there really no sarcasm and she may be treated differently because she is not a favored group?

Your post notes Richard but I am also curious and unaware of the background. If you have time, just tell me yes/no if sarcasm in last sentence. Thanks. (And always thanks for your help way back).

[jaidam]

Didn't take long for the ignorant comments from the ill informed to arrive!

This absurd financial requirement applies to everyone applying to enter or remain in the UK via the family settlement rules; regardless of their nationality, race, religion or fashion sense.

absolute nonsense. The vast majority of muslim immigrants do not work, have no salary and make a career from welfare bludging and invite all and sundry over as family. The couple in the story have problems because they are not muslim, therefore the rules apply to them. Sickening.

[simple1]

Didn't take long for the ignorant comments from the ill informed to arrive!

This absurd financial requirement applies to everyone applying to enter or remain in the UK via the family settlement rules; regardless of their nationality, race, religion or fashion sense.

absolute nonsense. The vast majority of muslim immigrants do not work, have no salary and make a career from welfare bludging and invite all and sundry over as family. The couple in the story have problems because they are not muslim, therefore the rules apply to them. Sickening.

Have a read of the content at URL below, especially ‘Sources that are not permitted’.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/469692/Appendix_FM_1_7_Financial_Requirement_August_2015.pdf

[BuaBS]

Go to France , put on a burka and re-entre the UK....problem solved.

[i claudius]

Didn't take long for the ignorant comments from the ill informed to arrive!

This absurd financial requirement applies to everyone applying to enter or remain in the UK via the family settlement rules; regardless of their nationality, race, religion or fashion sense.

So they just jump off the back of a lorry in Dover , claim asylum and job done , no more problems ,

[gandalf12]

Didn't take long for the ignorant comments from the ill informed to arrive!

This absurd financial requirement applies to everyone applying to enter or remain in the UK via the family settlement rules; regardless of their nationality, race, religion or fashion sense.

Has not been applied to the so called refugees

Edited April 10, 2016 by gandalf12

[laislica]

As she is his legal wife, why does he not have a legal right to live with her in his country of birth?

If she were a deaf mute or had learning problems would she still have to pass all the English tests?

Is it a right to live where you are born or a privilege?

I realise that non nationals of a country who deliver a baby whilst visiting a country may not have such a right for their baby but

this man would seem to be a true Native of the UK judging by his name at least.

I wonder how many generations his family goes back?

It's wrong, wrong, wrong!!!!!

Bloody jobsworth!!!!

No brains at all!!!

[Grouse]

We British do NOT have the right to bring our spouses to live in UK

If you want to do that, go through the proper application process like everyone else

I assume the baby was born in USA?

Father is British subject?

Then the child can get a UK passport and has right of abode

My grandson (British father, Thai mother) was born in USA and has 3 passports! Cheeky bugger!

The woman should apply at British embassy or consulate and would have a reasonable chance of getting the visa

Bringing refugees into this discussion is not helpful. We have an obligation to provide safe haven to refugees but not economic migrants.

Finally, the woman would have to demonstrate that she would not be a burden on the state. 18,000 per annum is pretty tight I would have thought....

[Dogbreath]

Didn't take long for the ignorant comments from the ill informed to arrive!

This absurd financial requirement applies to everyone applying to enter or remain in the UK via the family settlement rules; regardless of their nationality, race, religion or fashion sense.

Yes, but wouldn't it be nice if the bureaucrats used a little common sense one in a while ? Nah, can't have that; the need to be rigid, uncompromising and stupid is just too great for one to overcome.

[soalbundy]

what about the right to family life, worked for some black foreign rapists in the past, oh yeah the racist card

[gandalf12]

what about the right to family life, worked for some black foreign rapists in the past, oh yeah the racist card

We are talking about the UK. I think maybe you forgot that the UK is wonderful to everyone who has no connections to the UK but is never helps you if you are British

[billd766]

We British do NOT have the right to bring our spouses to live in UK

If you want to do that, go through the proper application process like everyone else

I assume the baby was born in USA?

Father is British subject?

Then the child can get a UK passport and has right of abode

My grandson (British father, Thai mother) was born in USA and has 3 passports! Cheeky bugger!

The woman should apply at British embassy or consulate and would have a reasonable chance of getting the visa

Bringing refugees into this discussion is not helpful. We have an obligation to provide safe haven to refugees but not economic migrants.

Finally, the woman would have to demonstrate that she would not be a burden on the state. 18,000 per annum is pretty tight I would have thought....

http://www.bbc.com/news/uk-england-sussex-35979897

quote

"Legal commentator Joshua Rozenberg said the purpose of the 2012 legislation was to limit immigration and stop non-Europeans coming to the UK to marry and claim benefits.

"Government guidance says splitting up a family does not, in their view, breach the Human Rights Convention. Unless [the family] can show she would be suffering some particular hardship, by going back to her country of citizenship, she is in a very difficult position," he added."

And what about the human rights of the child being deprived of its mother whist growing up?

That is one of the worst pieces of legislation that the Tory government ever came up with.

There are many thousands of UK/UK couples with children whose total income is much less than the £18,600 pa that the immigration rules require.

Many of them get assistance from the state but they CAN'T be deported simply because they are BOTH UK citizens.

There are many more couples who freely admit that they are far better off NOT working and living on benefits.

[swerver]

Didn't take long for the ignorant comments from the ill informed to arrive!

This absurd financial requirement applies to everyone applying to enter or remain in the UK via the family settlement rules; regardless of their nationality, race, religion or fashion sense.

Yes, but wouldn't it be nice if the bureaucrats used a little common sense one in a while ? Nah, can't have that; the need to be rigid, uncompromising and stupid is just too great for one to overcome.

Nah, can't have that; the need to be rigid, uncompromising and stupid is just too great for one to overcome.

Now that the whole shebang is EU it is not only the UK were they are like that a neighbor country across the water from the UK with centuries old history like UK is identical like that. Since becoming EU the constitution of which the citizens rejected in a referendum but got rammed down their throat anyhow its lamebrains are following the dictates by the unelected in Brussels / Strasbourg. Before EU, when born in that country in a centuries old ancestry family you could never lose your citizenship of that country. Not so anymore, you now do not live in that country for 10-years and you lose you citizenship / nationality / passport, in a nutshell, YOU ARE STATELESS. Better check on the UK because it also is an EU country following the dictates of the unelected fascist clique in Brussels . Strasbourg.

It is not only in the land of LOS were things are screwed up. Seriously think about that before jumping on your keyboard.

[ScotBkk]

Didn't take long for the ignorant comments from the ill informed to arrive!

This absurd financial requirement applies to everyone applying to enter or remain in the UK via the family settlement rules; regardless of their nationality, race, religion or fashion sense.

Naw' I tend to agree with the post that irritates you. Depending on nationality, creed, religioun or whatever you stand a much better chance of screwing the British system. Once the politically correct get their teeth in benefits are dolled out dole being the main catagory of the exercise.

Think about it. Why do westerners all love it here? Or would you say Thailand would welcome all these immigrants or whatever with open arms if they too had a social security system with easy benefits for all ye who enter !!!!!

Get a grip on reality my dear friend.

Just saying .......

[Puccini]

what about the right to family life, worked for some black foreign rapists in the past, oh yeah the racist card

There was a story in a British newspaper recently about a court ruling that it would breach an Italian criminal's human rights if he were deported to Italy because prisons in Italy are less nice and because he might be tortured in that country. (There was no mention of his race, so presumably he was Caucasian)

[Maestro]

Removed an off-topic post.

[Ulic]

Have a second child and the deportation will be stayed until the child is two, throw out/

make your passport unavailable and it takes 12 months to get a replacement. Move and

simply become unavailable and immigration has to find you again every time. Lots and

lots to ways to drag on the process. Why do you think the UK is so popular with people

who have no chance of immigrating legally, or claiming refugee status. It takes years

plus the time it takes to find you at every stage. 10-15-20 years possibly never. Once

you are in the UK you are 90% home free.

[Krataiboy]

Sad, but rules is rules.

Don’t give me that “rules are rules” sh-te.

There is absolutely no justification for treating a British man who happens to have a foreign wife any differently from a British man who married the girl next door.

The earnings rule is disgraceful discrimination which needs to be challenged and changed.

Anybody who can’t see this either lacks IQ or compassion – or both.

Edited April 10, 2016 by Krataiboy

[soalbundy]

Didn't take long for the ignorant comments from the ill informed to arrive!

This absurd financial requirement applies to everyone applying to enter or remain in the UK via the family settlement rules; regardless of their nationality, race, religion or fashion sense.

Yes, but wouldn't it be nice if the bureaucrats used a little common sense one in a while ? Nah, can't have that; the need to be rigid, uncompromising and stupid is just too great for one to overcome.

Nah, can't have that; the need to be rigid, uncompromising and stupid is just too great for one to overcome.

Now that the whole shebang is EU it is not only the UK were they are like that a neighbor country across the water from the UK with centuries old history like UK is identical like that. Since becoming EU the constitution of which the citizens rejected in a referendum but got rammed down their throat anyhow its lamebrains are following the dictates by the unelected in Brussels / Strasbourg. Before EU, when born in that country in a centuries old ancestry family you could never lose your citizenship of that country. Not so anymore, you now do not live in that country for 10-years and you lose you citizenship / nationality / passport, in a nutshell, YOU ARE STATELESS. Better check on the UK because it also is an EU country following the dictates of the unelected fascist clique in Brussels . Strasbourg.

It is not only in the land of LOS were things are screwed up. Seriously think about that before jumping on your keyboard.

rubbish, i have lived outside the UK officially for 45 years and still get a new passport every 10 years. Your birth country isn't allowed to make you stateless. Even if you are a naturalized citizen and commit every crime in the book you cannot be made stateless,your passport can only be revoked if you have another citizenship.