Thursday, March 28, 2013

Businesswoman faces giving birth alone because her Japanese husband may have to leave the country under new visa rules

A newly-wed couple face being separated for the arrival of their first child because of new visa rules that have come into force.
Marianne Bailey, 35, may have to give birth on her own because her Japanese husband, Kei Yamamoto, 30, may have to leave the country because they are having troubles getting a spousal visa.
The couple married in Chelsea in October last year after meeting while she was working in Japan.
Ms Bailey, a product designer from Wandsworth, south London, earns well above the the £18,600 threshold required by law, rents out two properties and has two jobs.
Marianne Bailey may have to give birth to her child alone after husband Kei Yamamoto was refused a spousal visa
Facing difficulties: Marianne Bailey is considering becoming an Irish citizen to enable her husband to stay here
But a bureaucratic loophole means only the rental income is considered valid by the Home Office and a letter from the UK Border Agency said there was 'no flexibility' on the financial criteria.
They were shocked to hear Mr Yamamoto could be forced to leave a month before their child is due in July, according to the Evening Standard.
Mrs Bailey-Yamamoto said: 'I’m faced with having my first child on my own because my husband might get kicked out the country.
'I feel like the Government are trying to force me out because I married a foreigner.'
The Home Office brought a new 'tickbox system' into force last July which means British citizens and their foreign spouses must meet a set of financial criteria before they are allowed to get a marital visa.
Mrs Bailey-Yamamoto began visa proceedings three weeks after they got married but they were told by five independent visa specialists that there was no point continuing as they would be turned down because she is classed as self-employed and does not have sufficient savings.
Her income includes the money from jobs as a university lecturer and design consultant, rent she receives and funds she draws from a pension pot. Mr Yamamoto is not entitled to work in the UK as he has not been granted a visa.
She added: 'I’ve been told citizens of other EU countries do not have to meet any financial requirements at all.
'They don’t have to pay the £800 visa fee like we do, they don’t even need a job and they can come here freely and marry whoever they want. Whereas I’m a successful entrepreneur trying to support British industry and I’ve worked really hard in my twenties to get where I am.'
She says she is considering getting round the rules by becoming an Irish citizen as her grandmother is Irish.
She said: 'The only thing I can do is become Irish. I’ve only been to Ireland once. I should be able to stay British. I’m actually worse off in my own country for being British.'
Her other option is to sell one of her properties to show she has more than £16,000 in savings, but this would not mean her husband could be by her side when she gives birth because the money has to have been in a UK bank account for six months.
Immigration minister Mark Harper was said to be aware of the case and to be responding shortly.
A Home Office spokeswoman said: 'European nationals are able to bring family members to the UK. However, European nationals do not have unrestricted access to the UK, they must be exercising their treaty rights by working, studying or being self-sufficient.'

APPLYING FOR BRITISH CITIZENSHIP: WHAT ARE THE RULES?

Craig Colville and his wife, Crystal, were told that she could not stay in the UK because he was not a British citizen despite the fact he is Welsh
Craig Colville and his wife, Crystal, were told that she could not stay in the UK because he was not a British citizen despite the fact he is Welsh
Partners of British citizens who wish to apply to remain in the country on the basis of their relationship must meet an array of criteria set out by the UK Border Agency.
They must prove that they and their other half are both over 18, that their relationship is 'genuine and subsisting', that any marriage or civil partnership is valid under UK law, and that they intend to live with their partner permanently in the UK.
UKBA also requires proof that would-be British citizens have met their partner in person, that the couple in question are not related in any way that would prevent them marrying under UK law, and that any previous relationship has permanently broken down.
Finally the applicant must show that they meet UKBA's list of 'suitability requirements', along with its English language requirement, and - crucially for Crystal Colville - its financial requirement.
This states that any non-national hoping to remain in the country on the grounds that their partner is a British citizen must have an income of at least £18,600.
If the applicant has a child that is not a citizen or settled in the country that they wish to live with them in the country, the minimum income goes up to £22,400.
Each additional child requires an additional income of £2,400.
The UKBA states on its website that applicants can meet the financial requirement from the employment or self-employment of their sponsor, as well as through their own employment.
Cash savings are also taken into account when applications are being considered, along with any benefits or pension payments the applicant or their sponsor receive in the UK.
Last week a Welsh photographer was told he could not bring his Canadian wife into the UK because he was not a British citizen.
Craig Colville was born in St Asaph in North Wales to British parents but the UK Border Agency has denied his new wife Crystal Levy permission to stay in the country, claiming that he 'does not hold settled status'.
Mr Colville, who even has a twin brother whose citizenship has never been disputed, is now facing leaving Britain over the blunder.
Officials admitted that the bizarre claim was a 'clerical error', but insisted that Mr Colville’s new wife would have to leave the country in any case because she does not make enough money to stay.
New rules governing the applications of the partners of British citizens came in on July 8 2012.
Would-be British citizens who applied before that date were required to prove that they and their sponsor had adequate means to support themselves without relying on state handouts, but no specific minimum income level was set.


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