UK Immigration: British National’s Spouse Forced Apart By Immigration Rules

Today, it was reported that a retired married couple of 45 years have been forced apart after failing to meet the ‘relationship requirements’ of the UK Immigration Rules. David Summers, a British national and his wife Maria Summers, a Canadian national were split apart last Spring after their spousal visa was refused. There are many requirements that must be met when making an entry clearance Spouse visa application including demonstrating evidence of the relationship, financials requirements and the English language requirement.

Married Couple’s UK Spouse Visa Application Refused

Mrs Summers is a frequent visitor to the UK as her husband and son are both British passport holders. Previously she had never had a problem entering the UK until last year. Mrs Summers obtained a Tourist visa and arrived in the UK in September 2013, her return ticket was dated for July 2014 but was told that she could only stay for a maximum of 6 months.

At the beginning of 2014, Mr and Mrs Summers took a short break in Malta and when they returned to the UK Mrs Summers was stopped by an Immigration Official and questioned for 5 hours. After being interrogated, Mrs Summers was told that she had to return to Canada immediately. Without any confrontation, Mrs Summers traveled back to Canada and decided to apply for visa as the spouse of a British national on the basis of her 45 year marriage to Mr Summers. This visa application was refused on the grounds that the couple did not prove they are in a ‘genuine subsisting relationship’.

Understandably, the couple are completely baffled by the UK Home Offices decision as they have been together since 1966 and originally lived together Canada before making plans to relocate to the UK. Mr Summers has not seen his wife since last Spring:

“How can somebody sitting in an office make that decision? They have put our lives in turmoil then they have the nerve to say that – after 45 years of being together.”

Mr Summers is looking for help from his local Hereford MP, Jesse Norman who agrees that the couple have been mistreated. Mr Norman along with the Hereford Times believe that Mr and Mrs Summers have fallen victim to the immigration red tape. The current UK Government cannot control the increasing migration from Europe and so they have focused their attention on non-EU migration. Mrs Summers plans to make another UK visa application this month in hope of joining her husband in the UK for his 70th birthday.

The purpose of an UK Spouse Visa

A Spouse visa allows foreign nationals who are married (or in a civil partnership) to a British citizen, or a person who has settlement status in the UK to enter or remain in the UK. If you are based outside of the UK you will need to apply for Entry Clearance in order to join your spouse/civil partner in the UK. The visa will initially be granted for two years and 6 months after which time you can apply for further leave to remain.

In order to prove that you meet the Home Office’s requirements our expert Immigration Solicitors will provide you with a bespoke documents list tailored to your circumstances. This is in order to make the process of making a UK visa application easier and avoid any delays and errors. Furthermore, they will talk you through the requirements and once instructed will prepare the application, along with the bundle of documents and provide detailed legal representations to submit with the visa application.

Successful UK Spouse Visa Applications & Appeals

Our team of experienced and professionally qualified immigration solicitors and barristers will be able to guide you through the process of making a an application for entry clearance so you can join your British partner in the UK or a leave to remain in the UK application step by step and limit the possibility of failure by complying with the strict letter of law.

We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had an application refused, contact us to discuss your case so that we can provide you with a case assessment.

Contact us so that we can review your case and provide you with an assessment.

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