Home Office refuses spouse visa for mother of two British toddlers
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On the 1st September 2017 we were devastated to receive notice from the Home Office that my wife’s visa application for leave to remain in the UK was refused. I am a British citizen born in North Devon and our children are British citizens also. The refusal of Glenda’s visa poses harsh consequences on our emotional well-being and family stability as the Home Office neglects our right to live as a family as dictated by Article 8 of the 1998 Human Rights Act.
The refusal letter came with an unimaginable ultimatum of either leaving the country within 14 days from the decision date, or appealing to the decision by which an immigration lawyer will cost around £4000. The stress of borrowing the money on top of facing having our family split apart is unbearable, in which the outcome could leave our children to struggle growing up in a broken family thousands of miles apart from their mother. The appeal was made and we wait anxiously to present our evidence in court on the 19th January 2018.
We can hardly sleep at night all huddled together in the same bed embracing each memory as a family unit like they are the last. Knowing that the impending decision may force us apart or out of our ‘home’ country and back to an uncertain, unstable, and threatened future in my wife’s birthplace Guatemala where extreme violence has escalated over the past few decades to such that the United Nations have identified it as having the third highest murder rate on the entire planet.
In the UK we live as a stable and loving family; we are settled, I work and have met the spouse minimum wage requirement, our boys are going to nursery and registered with the education and health systems, and they have their family, friends, lives and futures here.To watch them develop in a safe environment, happy and free, without the threat of drugs cartels and extreme gang violence threatening their lives on a daily basis is what any parent would desire for their children, and the opportunities they have here in their home country is their right and what they deserve, as well as being able to grow up with both parents.
This Home Office decision brings dread to all of our family knowing that we face being forcibly split apart, and neither of us can bear the thought of living without each other or away from our children. They are only toddlers and have no idea what is happening to us, but they are the main victims in this ordeal whose lives may be affected on such a large and negative scale.
We have a facebook page with more details of our story, and we have set up this online petition to help gain public support of our appeal. So please click on the links and help us revoke the decision and allow Glenda to remain in the UK where our children and I need her, as part of our family, united, strong, and a loving unit to support each other throughout our lives.
To whom it may concern at the Home Office
RE: Case ID 021009284 for Mrs Glenda Rossana Morales Payes de Handy
We were shocked and devastated to receive your letter of notice refusing the visa application for leave to remain in the UK for Mrs Glenda Handy, the wife of British national Scott Handy and the mother of their two sons; Xavier aged 3 and a half years, and Xander aged 2 and a half years, who are both also British citizens.
The visa application was made with exceptional circumstances and in reference to Article 8 of the Human Rights Act 1998 as Glenda had already entered the UK with a 6-month tourist visa at the time of application. Although Mr Scott Handy and their two sons have British citizenship to legally reside in the UK, he understood the painstaking ordeal for Glenda to gain entry on a spousal visa therefore with no intent to over-stay her 6-month tourist visa the family had plans to move on and settle in Spain. The process for Glenda to gain EU residency on the grounds of family life was a possibility as Scott had secured a permanent job on the continent. Her EU residency status would have therefore secured entry into the UK as a family in the foreseeable future if their circumstances desired. These opportunities were taken away from the family as Scott’s job was revoked due to the ‘Brexit’ referendum and as suggested in the communications with his future employer ‘due to uncertainty and political instability with the UK leaving the EU’.
The family were then supported by Children’s Social Services as a means of stabilising the children in the UK as their citizenship allows them right. This also includes the ‘right to family life’ with both parents as dictated by Article 8, as well as dictated by section 55 of the UK Borders, Citizenship and Immigration act 2009 that ‘the well-being and best interest of the children are given primary consideration in such visa applications’...’to avoid unjustifiable harsh consequences on the family’.
We feel that as the biological and full-time mother of their children and spouse to a British citizen who has met the minimum income requirement (MIR) therefore financially supporting the family without access to public resources (additional to their education and health system rights as British citizens), they have no criminal convictions, neither in debt to the state, therefore there should be no doubt that the visa application in question be granted to allow the family the opportunity to reside in the UK as a family, following the Immigration rules as dictated by the 5-year spousal visa route, as they have rights as a stable family and also deserve.
We the undersigned therefore fully support the best interests of the children for their mother to remain in the UK, to reside as a caring and loving family unit, and to allow them all the opportunities available in the UK in which to benefit and support their family life and futures here.
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