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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
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Experience:  Solicitor
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I am a 70 year old English born male and sponsered my fiancee,

Customer Question

I am a 70 year old English born male and sponsered my fiancee, a 41 year old Nepalese to come to the UK and marry. I have been in Nepal with her for 6 weeks, Sept - Nov 2010. Border Agency Refusal today on the basis that as I am Disabled, in receipt of DLA and 'other state benefits', they suggest that I can not support her as a wife without more state benefit help. They quote para 6 of the Immigration Rules and sub para (paragraph 290(iv) and (vi) of HC395 I believe that this is blatent discrimination and wish to appeal. If you would like to read the grounds for refusal, I can fax the 2 page Border Agency letter to you if you send me a number. Please advise. Thank you. Peter Beckinsale
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 3 years ago.
What state benefits do you receive ? Do you get housing benefit? Other benefits?
Customer: replied 3 years ago.

Yes, I get an Army disability pension, an ordinary State Pension with Pension Credits to top it up, I also receive Disability Allowance at the Highest Rate, (indefinately). I also receive Housing and Council Tax benefits.

I am just one big benefit, but at my age, what do they expect? Sita would be my carer and my wife. In real terms, in the long run, it would be cheaper for her to look after me than 'the system'.......

I feel that they are discriminating against me because of my age and disabilities. See my details if you care to, Google , Peter Beckinsale Gurkha, and there it all is. HMG have had more than their fair share out of me.

Regards, Peter

Expert:  Senior Partner replied 3 years ago.
Peter thank you for the additional information. The fact is I am afraid that the law is and has been clear for some years. In order to get a spouse/fiancee visa you need to establish inter alia that you can support your self and your fiancee and have accommodation available for your us without recourse to public funds.

The rules are here: http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/fianceesproposedcivilpartners/
and the UKBA guidance is here:http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section1/annexf.pdf?view=Binary
Certain benefits do not contravene the rules but things like housing benefit certainly do the detail of which is which is here.
http://www.ukba.homeoffice.gov.uk/while-in-uk/rightsandresponsibilities/publicfunds/

I think you will fail completely if you try to claim discrimination as certainly in my experience the rules are applied to everyone regardless of age etc.


Customer: replied 3 years ago.

It is not the obvious discrimination that I want to 'appeal', please, if you look at my question, I asked how to appeal, I did not anticipate using 'Discrimination' as grounds for an 'appeal', I just believe that it is!

I do not need more money from the 'state', within the application, we made it clear that Sita would work.

Additionally, as I could marry a woman here in the UK without any hassle, why should I be unable to choose my wife from where I like?

Am I asking them to pay for anything?

Of course, if I had +£3000.00 in the bank, I am sure they would not object.

However, as a Pensioner, I am old enough to recognise discrimination whether or not 'they' want to see it or not.

You have not shown or suggested a way to appeal, only confirmed their obtuse logic in rejecting the visa application.

I had already realised that their 'refusal' would be on safe legal ground but is there a way around it?

(Perhaps I have said too much and confused the issue).

With what you know, is there any precedent or other reason on which you could suggest I can 'appeal' against their decision?

With respect, I am still very upset, stressed out and with my life in turmoil.

Peter.

Expert:  Senior Partner replied 3 years ago.
well your best chance of a successful appeal is to get your fiancée a clear sponsored job offer or otherwise to demonstrate that she will not need any support from state funds. I f you can get a clear job offer that will provide her with sufficient funds that is your best bet.

I appreciate the fact that you don't like the rules and you can of course raise the issue with your MP . If you had been married fro some time you might have been able to raise a claim that your right to family life had been challenged but that is not the case here. It is not for me to comment on the politics of the rules or the way they are operated but the restrictions on spouses/fiancees are not new. the only change recently has been the imposition of an English language requirement for settlement..

Customer: replied 3 years ago.

Thank you for your advice.

The real problem when one finds oneself 'at the bottom of the barrel' is quite simply the realisation that these rules are only aimed at the poor. I am poor.

I appreciate your suggestion but I should point out that this exercise in 'love' has already cost me nearly £5,000. To make another application will cost me at least another £1,000. Good money after bad? Perhaps she should become an illegal immigrant. They appear to receive better treatment.

Your advice may not of been what I wanted to hear but it has shown me the futility and expense of being a free born Englishman. Thank you.

 

Expert:  Senior Partner replied 3 years ago.
Whilst I sympathise, I do not think this is the right forum for me ot express my personal views on the rules. I can only really tell you that there was a time when the spouses of British Citizens had an absolute right to come here but that has changed gradually over the last 10 or 15 years. Most of the changes and tightening of the rules has been to stop abuse of the system but inevitably lots of people are caught. I would persevere . At some point someone may challenge the rules as an infringement of individual rights
Senior Partner, Solicitor
Satisfied Customers: 13266
Experience: Solicitor
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