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| Border agency backlog keeps Britons and their foreign spouses in limbo | Border agency backlog keeps Britons and their foreign spouses in limbo |
| (10 days later) | |
| Helen Murphy, a British lawyer, married her Chinese husband, Kurt Qian, a translator, in August last year and applied the next day for a marriage visa to allow him rights to stay in the country. Six months later, the couple are still waiting. Murphy has been offered an important six-month career placement overseas but unless the marriage visa comes through she will either have to forgo the opportunity or endure an extended separation from the man she loves. | Helen Murphy, a British lawyer, married her Chinese husband, Kurt Qian, a translator, in August last year and applied the next day for a marriage visa to allow him rights to stay in the country. Six months later, the couple are still waiting. Murphy has been offered an important six-month career placement overseas but unless the marriage visa comes through she will either have to forgo the opportunity or endure an extended separation from the man she loves. |
| The long documented delays at the UK Border Agency are wreaking havoc with their personal and professional lives. "It has been and continues to be a totally soul-destroying experience. It's horrible. I had no idea it would be this bad," Murphy said. | The long documented delays at the UK Border Agency are wreaking havoc with their personal and professional lives. "It has been and continues to be a totally soul-destroying experience. It's horrible. I had no idea it would be this bad," Murphy said. |
| Qian said: "Most of the time I've been home alone and sometimes I feel like I'm going mad. Helen is the only person I have to talk to. It's Chinese new year next week and as an only son I would love to go back to China to celebrate with my parents. But I can't because I'm stranded here. I'm not trying to take advantage of the system. All I want is the opportunity to work as a translator and pay my taxes. We are just two human beings trying to live a normal life." | Qian said: "Most of the time I've been home alone and sometimes I feel like I'm going mad. Helen is the only person I have to talk to. It's Chinese new year next week and as an only son I would love to go back to China to celebrate with my parents. But I can't because I'm stranded here. I'm not trying to take advantage of the system. All I want is the opportunity to work as a translator and pay my taxes. We are just two human beings trying to live a normal life." |
| When one of a couple is a British citizen and the other is from a country outside the European Union a spousal visa is required to allow the foreign partner the right to work, travel, study, volunteer and access healthcare in the UK. | When one of a couple is a British citizen and the other is from a country outside the European Union a spousal visa is required to allow the foreign partner the right to work, travel, study, volunteer and access healthcare in the UK. |
| Last month, John Vine, chief inspector of borders and immigration, published a report criticising the backlog in processing marriage visas. Much of his attention was focused on delays of almost a decade in dealing with appeals in the most complex cases. | Last month, John Vine, chief inspector of borders and immigration, published a report criticising the backlog in processing marriage visas. Much of his attention was focused on delays of almost a decade in dealing with appeals in the most complex cases. |
| However, the delays also extend to initial applications in straightforward cases. There were 10,805 postal applications for spousal visas between January and June last year. By November 6,236 of them were still pending. | However, the delays also extend to initial applications in straightforward cases. There were 10,805 postal applications for spousal visas between January and June last year. By November 6,236 of them were still pending. |
| Couples who meet the criteria of being financially self-sufficient and having suitable accommodation to live in, assumed the issuing of this visa would be a speedy formality. They were wrong: many have been left in limbo for 10 months or more while their applications languish in a file somewhere in the UK Border Agency. Many of the couples are high flying professionals, unused to being prevented from working. | Couples who meet the criteria of being financially self-sufficient and having suitable accommodation to live in, assumed the issuing of this visa would be a speedy formality. They were wrong: many have been left in limbo for 10 months or more while their applications languish in a file somewhere in the UK Border Agency. Many of the couples are high flying professionals, unused to being prevented from working. |
| Couples are reporting that the delays are putting a huge strain on their relationships and leading to financial hardship because they expected to have a dual income but only have one. Many of the foreign spouses are suffering from depression, loneliness and frustration because they are unable to get on with their lives. The delay in processing the visas means that couples are missing wedding ceremonies in the country of the foreign partner, are unable to go on honeymoon and are missing out on other important life events such as the funerals of family members because they cannot travel. | Couples are reporting that the delays are putting a huge strain on their relationships and leading to financial hardship because they expected to have a dual income but only have one. Many of the foreign spouses are suffering from depression, loneliness and frustration because they are unable to get on with their lives. The delay in processing the visas means that couples are missing wedding ceremonies in the country of the foreign partner, are unable to go on honeymoon and are missing out on other important life events such as the funerals of family members because they cannot travel. |
| Some couples are considering legal challenges against UKBA for loss of earnings while the foreign half of the couple is prevented from working and for breach of the right to family life. Many have resorted to Freedom of Information requests to try to get information but often do not receive a response. One couple submitted an FoI request for information about the processing delays in October. At the end of January they received a response saying that UKBA had failed to meet the 20-day target for responding and would send a reply as soon as possible. Some couples say they've tried to lodge complaints with UKBA but have received no response. | Some couples are considering legal challenges against UKBA for loss of earnings while the foreign half of the couple is prevented from working and for breach of the right to family life. Many have resorted to Freedom of Information requests to try to get information but often do not receive a response. One couple submitted an FoI request for information about the processing delays in October. At the end of January they received a response saying that UKBA had failed to meet the 20-day target for responding and would send a reply as soon as possible. Some couples say they've tried to lodge complaints with UKBA but have received no response. |
| Andrew and Rebecca De Lozier had a marriage ceremony in the UK last April and applied for a spousal visa in May. Andrew is from the US and the couple planned to have a second wedding ceremony there, shortly after the first, for all their American friends and family who could not make it to the UK wedding. | Andrew and Rebecca De Lozier had a marriage ceremony in the UK last April and applied for a spousal visa in May. Andrew is from the US and the couple planned to have a second wedding ceremony there, shortly after the first, for all their American friends and family who could not make it to the UK wedding. |
| The visa finally came though at the end of last month. By this time the couple had cancelled their US wedding plans because of the delay. | The visa finally came though at the end of last month. By this time the couple had cancelled their US wedding plans because of the delay. |
| Jonathan Hoole, a British businessman, and his Brazilian wife, Ana Paula Alves Silva, applied for a spousal visa last July but there is still no sign of it. "The UKBA delays have put so much strain on our marriage," he said. "When I come home from work my wife is crying. She has been diagnosed with clinical depression because of the UKBA delays. She can't work and was even thrown off an English course because under the terms of her temporary fiancee visa she isn't allowed to work, study or even volunteer. UKBA has robbed us of our freedom. Love can only undergo so much stress." | Jonathan Hoole, a British businessman, and his Brazilian wife, Ana Paula Alves Silva, applied for a spousal visa last July but there is still no sign of it. "The UKBA delays have put so much strain on our marriage," he said. "When I come home from work my wife is crying. She has been diagnosed with clinical depression because of the UKBA delays. She can't work and was even thrown off an English course because under the terms of her temporary fiancee visa she isn't allowed to work, study or even volunteer. UKBA has robbed us of our freedom. Love can only undergo so much stress." |
| Alves Silva said: "We fell in love, we married and I ended up in prison. I was such a happy person in Brazil but here I feel so sad and isolated. I would love to get a job and go out and meet people but without my visa I can't do that. We got married last June. I'm dreaming about going on honeymoon to St Barts but we can't travel at the moment because I don't have my visa." | Alves Silva said: "We fell in love, we married and I ended up in prison. I was such a happy person in Brazil but here I feel so sad and isolated. I would love to get a job and go out and meet people but without my visa I can't do that. We got married last June. I'm dreaming about going on honeymoon to St Barts but we can't travel at the moment because I don't have my visa." |
| A Home Office spokesman said: "Our reforms are working and we are bringing immigration back under control. | A Home Office spokesman said: "Our reforms are working and we are bringing immigration back under control. |
| "Fluctuations in the number of applications received can lead to visas temporarily taking longer to process. We will continue to address this, but we will not compromise the security of our border." | "Fluctuations in the number of applications received can lead to visas temporarily taking longer to process. We will continue to address this, but we will not compromise the security of our border." |
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