scot47

The lady has left the UK. It seems to me that The Home Office is now run by heartless xenophobes.

https://www.heraldscotland.com/news/...oman-rejected/

scrubbedexpat099

Sounds like her Husband did not meet the sponsorship requirement, wonder why she did not claim Asylum?

Begs the question on what basis she entered the UK?

BEVS

Grrr. My patience is a little thin this morning Boiler mate.

If you are not familiar with this case , then read up.
If you really don't understand refugee & asylum then read up.

I really do not know why you have reverted to these types of obtuse posts. Really I would like you to desist.

scrubbedexpat099

Article said she was from Zimbabwe.

BEVS

I don't know so much about the xenophobe label but it all does seem somewhat overkill . The Immigration Minister could have looked to grant .
I take it she has a way back provided the visa conditions are met.

We have a case very similar to this here in New Zealand. The couple have not met the criteria, per policy, for their visa.

As this is more a discussion , I shall move to the main UK forum.

...edit.... It has already been deported to the Rovers Return by JG.

BEVS

As said, thin patience this morning. Read the article again and do not seek to muddy these waters. Keep that for TIO.
She has a South African passport mate.

Scot47 is stating the decision to not grant a visa extension is heartless under these personal and particular circumstances.

It seems they did not meet the financial requirements, under the policy criteria ,during the four years on Arran. So time was given to sort that out . The thing is that this is Arran and the couple provided a service in an area which finds it difficult to retain young people. If their figures stacked up as being enough to live on then perhaps a waiver was the ticket here.

BritInParis

If she didn’t meet the financial requirements for a FLR(M) application from within the UK then returning to South Africa to apply isn’t going to help and will simply reset her clock to ILR. If she thinks she qualifies then she should resubmit with the correct paperwork rather resorting to the pointless MP/press/petition route which invariably telegraphs the person in question doesn’t believe the rules should apply to them.

SanDiegogirl

I don't understand why, if they already have gone through the initial application for a spouse visa in order for them to be living on Arran, they did not realise that their application for FLR(M) was going to fail due to not meeting the financial requirements. This is a fundamental part which has to be met in order to obtain a spouse settlement visa. it begs the question as to what visa she currently hold.

There is no discretion to this requirement just because (as per their MP)" the lady is a well loved part of this community" or "their business will be solely missed" Between the two of them they could not make 18,600 per annum (how they managed to employer other people I do not know)

I feel sorry for them, when you consider the illegals and cheaters who are "residing" in the UK. However, I cannot see what other outcome there could have been once their application was rightly refused.

BritInParis

The article says that she has lived on Arran since 2015 and repeatedly states that she was given no right of appeal so I do wonder exactly visa she has been holding. 2015 suggests that she would be applying for ILR if she arrived the year before but then it also says she met her now-husband on Arran. Some basic factchecking would probably help here.

This Telegraph article states the couple met on Arran in 2006 but that she has lived on Arran since April 2016 and "applied to extend her spouse visa earlier this year but was unsuccessful because her business earnings from 2017 did not meet the required threshold [and] a subsequent application for leave to remain on the basis of the right to a family life was refused."

The Scotsman comes up with another set of dates - now they have been living on Arran since April 2015 - and adds that they were married in 2006 which begs the question where they lived for the first ten years of marriage.

Despite the inconsistencies in the different reporting it does appear to be fairly cut and dry - she tried to meet the financial requirements through Category G and their business failed to earn enough in the first year of operation and then she exhausted her right of appeal. The Scotsman adds the quote that stating she thinks she will meet the financial requirements when the next set of accounts are ready; "the only box I couldn't tick in my initial application".

scot47

Depopulation is a major problem in the Highlands and Islands (Arran is part of that area). The Home Office in London want to use a "One size fits all technique." ScotGov has asked Whitehall to devolve decisions like this. It will not happen. To me the conclusion is obvious. Ourselves Alone.

Lion in Winter

Sometimes, the law is an ass.

BritInParis

If depopulation is your concern then independence is absolutely the last thing you would want given that the SNP's entire economic plan in 2014 was predicated on the price of oil being at least $100 a barrel. If Scotland had left the UK in March 2016 as planned it would have been instantly hit with austerity cuts which would make Greece look like Liechtenstein in comparison.

And sometimes people are their own worst enemies.

scrubbedexpat099

Perhaps follow the Italian initiative where you can but a house for a nominal sum as you do it up/ live in it?

scot47

I have heard imperial apologists tell small countries for most of my life that Independence would be a disaster.

BritInParis

There are many successful small countries - the most successful countries usually are - but not the People’s Socialist Republic of Scotland the SNP wanted in 2014.