Carl has recently got engaged to his Peruvian girlfriend and they intend to get married soon. Part of that plan involves them moving to Peru for at least a year, so that Carl can meet his fiancee's parents and totally immerse himself in her culture. He has been learning Spanish and is relishing the idea of a Peruvian adventure with the woman he loves. This is when things get tricky. Carl cannot automatically bring his (future) wife back to the UK unless he can prove that he can support her - this is a rule set by the British government to ensure that foreign spouses do not become a burden on the state should they be unable to find gainful employment to support themselves.
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Why is it easier to take the path of least resistance? |
What Carl has to do is to prove that he can earn £18,600 a year - which is deemed to be sufficient to support his wife should she (in a worst case scenario) be unable to find a job and becomes wholly dependent on Carl financially. Things would be different if his wife was already working here (say if she had a work permit) then she can circumvent it by proving to the Home Office that she is already in gainful employment in the UK (and thus more than able to support herself). Alternatively, if Carl can prove that he has £62,500 in assets (which he doesn't - he just isn't that rich), then he would be deemed rich enough to support his wife.
Carl is furious at the thought of not being able to return from Peru with his wife at the end of his stint in Peru - he is so angry. He is posting things on Facebook like, "this is a violation of my human rights! Why is the government trying to tear families apart when they're not guilty of any crime?" It seems the only solution for Carl is to return to England before his wife, get a job here that meets that £18,600 a year requirement for at least 6 months and then apply for the visa to get his wife into the UK. It does mean a 6 months (possibly more) separation for them.
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I am in two minds about Carl's situation. |
I can understand his frustration as he has made all these plans with his fiancee to go to Peru - only to find out that they may be separated for at least 6 months as a result of this requirement. Now Carl didn't like my reaction: I said that he had to change his plans - maybe he couldn't go to Peru with his future wife or he would just have to put up with this 6 (or more) months apart whilst he worked full time to prove that he can earn the equivalent £18,600 a year - but either way, all my suggestions stemmed from suggestions of what he could do within the existing rules. He didn't like that.
He asked me, "do you agree with the government's rules?" I said I didn't. He then asked me what I thought the rules ought to be instead. I said that I thought of a good compromise: it is unfair to expect the British spouse to support the foreign spouse when both partners could work and prove that they cab be financially independent as a couple. So issue the foreign spouse with a 1 year special visa and from the time the foreign spouse arrives in the UK, they have 1 year to prove that they can - as a couple - earn £18,600. This lessens the burden of the British spouse to reach that £18,600 on his/her own, so if s/he earns just £14,000 - the spouse only needs to work part time to make up that shortfall. As long as they can prove that they can reach £18,600 as a couple within that first year, then the non-British spouse should have his/her spousal visa extended for another year and as long as they keep fulfilling that minimum, with a view to the foreign spouse eventually naturalizing as a British citizen after 4 years."
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I do not actually agree with the UK government on this issue. |
Carl said, "But why must the state be so controlling, telling people how much they must earn as a couple? There are British couples out there who get by on a lot less than £18,600 a year but the government doesn't tell them, hey, you have to earn more or you have to leave the country. That's double standards, that's not fair." I just shrugged my shoulders. I guess that was not an issue that bothered me as it was a rule that didn't really affect me adversely. I didn't have a strong opinion on the issue but clearly, Carl did.
Carl talked about joining campaigners who are taking on the government to change this law, organizing protests, he talked about going to the European Court of Human Rights - some of his suggestions were just downright ridiculous. I was trying not to just be cynical and say, "oh come on, stop dreaming, get real." I knew how much this meant to him, but I tried to explain to him that sometimes in life, we don't get what we want. It's just easier to follow the rules than to try to fight the system - pick your battles and know when to walk away.
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Carl wants to fight the system and change the rules. |
Why is Carl so upset about all this? Given that the starting pay for a teacher in inner London is £27,270 a year, £18,600 is not an unreasonable figure. This means that this rule doesn't affect most people if they are in full time employment. You'll have to be working either part time or on minimum wage to fall short of £18,600. Carl is one of those people - he doesn't claim a penny in benefits from the state but leads of Bohemian lifestyle as an actor/artiste: he performs when he can but otherwise he is not interested in the thought of working full time in an office in order to earn more than £18,600 a year. He doesn't earn much and he doesn't care about money - that's his life and his choice not to pursue the rat race but the life of an artistic hippie. He's my friend, he's a very nice person and really, I don't care how much he earns but suddenly, we seem to be crossing swords on the issue.
My take on the issue is this: he needs to put his fiancee first. It is what she wants. If she wants to come and live in England as his wife, then as her husband, he needs to do whatever he needs to within the rules to give her what she wants - that's marriage for you. You have to think about the needs of your spouse, not just about yourself - I told him it is not about what kind of work he wants to do or what kind of lifestyle he wants, but he has to get used to the idea of thinking as a couple, rather than as an individual. Such is marriage!
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I accused Carl of not thinking enough about his future wife in this situation. |
That didn't go down well - he thinks I am accusing him of not caring enough about his fiancee (and I suspect there's an element of that in his behaviour). I was pretty blunt: she's a woman, she wants to get married and have kids - her body clock is ticking. Do you expect her to put her plans on hold whilst you take on the government to change these laws? Is she willing to join you in this fight or does she just want to get on with her life?
Anyway, that's when I thought, am I being very Singaporean in being so law-abiding, in my reluctance to challenge the rules? Am I too meek in trying to find a solution for Carl from within the system - or am I just being pragmatic in my advice to him? Laws do change and evolve with time and if people do not stand up and challenge their governments, then how will society ever improve? If people like Rosa Parks never stood her ground and challenged unreasonable laws, what kind of society would we have today? Am I being practical or am I being a coward? Is Carl being idealistic or simply unrealistic? Leave a comment please, let me know what you think. Thanks for reading.
Why shouldn't the government expect that Carl be able to support his new wife in a minimal way? If Carl can't even support her at 18 000 pounds, who will? Taxpayers? The government can't predict if the new wife is going to be employable. What if she develops an illness? Who will support her? Taxpayers? Carl? Even at 18 000 pounds, she will need support in some ways, but if Carl cannot even make that money, he should not be getting married. Carl has a sense of entitlement.
ReplyDeleteWell, here's the irony - Carl has never ever claimed a penny in benefits, he doesn't earn much (hence falling below the £18600 threshold) but he envisaged that they would just both work and get by as a couple on low-income. And to be fair, yes there are couples and families in the UK who do get by on less than £18,600 a year - but it is scraping by on the minimum rather than a nice lifestyle.
DeleteFurthermore, Carl's wife is far more highly educated than he is (she's currently completing her masters degree at a British university - hence she's here on a student visa) - so if she does work in the UK, she's going to work... And unlike Carl, she's far more driven and career minded, so there's no doubt in my mind that she will end up gainfully employed and supporting Carl (yeah, that will happen) if she is even given the visa status to start to job hunt in the UK.
So Carl's fiancee is hardly your typical third world mail order bride that this law was enacted to protect the British state from supporting...
Yes, but there is no guarantee that crap can happen to either of them. Carl needs to meet minimum sponsor criteria just like every one else. She could get a work permit, first before getting married. That should solve the problem of him having to work too hard. Seriouly, I am all for human rights, but spare me the whining, Carl, and grow up.
DeleteI totally agree with you Di.
DeleteClearly, this situation boils down to money. Not love, nationality, his job, the laws/ rules, or even your friendship with him. He isn't thinking straight, he can't see he's angry because he KNOWS deep inside that theres a very real risk he cannot support his fiance when she comes to live with him. He doesn't want to admit it now, he's too in love. Give him time to cool off, & he'll come to his senses.
ReplyDeleteTwo things strike me about Carl. First, he's a bit chauvinistic; he thinks he has to fight the government to save his fiance's right to enter the UK through marriage, as if she is a damsel in distress & needs rescuing. But where is HER say in all this: is she willing to wait & if so for how long; can she, on her end, work in Peru while they are both there, or after he goes back to the UK without her, to help them both accumulate some assets. Why is he treating her as the passive party in this?
Second, he is very quixotic. Taking on the system over this issue is like fighting windmills: you will not win, and evn if you did, it would take a long time and a lot of help from outside factors beyond your control. By the time he thinks he has reached a good-enough compromise (if there ever is one) the relationship with his fiance would have taken a severe beating.
The advice you have given him, ie tolerate a 6-month separation which is not that long, is sound enough. If he rejects it, it's simply because he's confused & worked up. So, wait for him to sober up & one day he will thank you for being there. He still needs your emotional support if not your harsh pragmatism.
Hi and thanks for your comment.
DeleteCarl's fiancee doesn't expect him to support her - she's far more highly educated than she is. She is completing her masters degree and he is not even a graduate. So if she is given the visa status to start applying for jobs, she's be commanding a far higher salary than he is.
But yes, I totally agree with your point about his chauvinism - it bothers me. And his fiancee is pushing 30 and wants to marry and have children. Her body clock is ticking, she wants a baby, pronto.
Anyway, he's not spoken to me in days - and I think he's upset with me, cos he thought I'd take his side. His fiancee is from Peru and I am an immigrant as well so he thought I'd be understanding and support him... but instead, I am not telling him what he wants to hear.
Think you're not being law abiding so much as being pragmatic. Unfair laws can be changed with enough time and pressure. But your friend is in a situation which is not common enough to bring about such pressure. So the immigration law may be unfair, but there isn't enough momentum at present for him to have a realistic chance of changing it. And thus; he's unfortunately not going to get what he wants.
ReplyDeleteThere are times when it is worth pressuring for changes. Civil rights are clearly one of those. But one needs to weigh the probability of success against the cost of attempting.
The thing is though, we're still struggling our way out of a recession and the government is torn both ways: on one hand, there are people who do not want to see families torn apart over this income level benchmark - on the other hand, there are scores of people who are paranoid about foreign mail order brides who don't speak a word of English, can't find work and just come here to live on welfare benefits. The latter is probably in the minority - Carl's fiancee is so ambitious and well educated! But given the public perception and paranoia (and misinformation as well) about the issue, the government has to strike a balance because no government wants to be seen as the one who opened the floodgates to even more migrants. There is so much debate right now about getting immigration right - no government wants to shut the doors completely, but they want to set the level of entry right, so that we get the right kind of migrants, hence laws like that exist - and they're not likely to change soon (hence good luck to Carl in his fight...)
DeleteHi there...
ReplyDeleteWell, if his fiancee is well educated and have a current visa, then she should be able to get a job here and legally stay here. It is only if she doesn't have a job and her visa expires that she has to go back.
I think we need to look at this issue from several perspective - him, you and the society in general.
The laws are there for a reason - to protect tax payers from funding 'irresponsible' behavior and be a burden to the state. Given how stretched the UK finance is, the present government is going the 'Singapore way' - watch out for co-funding for public services.
Sadly, your friend is not the rare few here in UK. I've seen many many people here with that kind of thinking - they don't see anything beyond their immediate need. I've been doing some financial education to schools, friends and colleagues here, you will be surprised the amount of basic financial literacy (lack of).
Cheers.
Hi Colin, his fiancee is well educated and is currently here on a STUDENT visa (she's completing her masters degree). She misses her family a lot and wants to go back to Peru after her graduation to spend some time with them before possibly returning to start married life with Carl here in the UK. Well, that was her plan, but it's unlikely to happen now that she cannot job hunt effectively from Peru for a job in the UK. If she starts job hunting now for a job post graduation, any employer would expect her to start work pretty soon - she may get a few weeks off between graduation and starting her new job but that's not enough for her. Her parents are getting old and she's not seen them in a long time.
DeleteTricky, to say the least, from her point of view.
The other option is for Carl to marry her and go live in Peru with her - but his standard of Spanish is a big worry as he's been studying it intensively since he's met her and it's still pretty limited, like, she and I can be having a conversation in Spanish and he'll just look at us like, "I'm lost here guys, can you speak English?"
The phrase here should be 'Lo siento, yo no entiendo espaƱol.' :) I'm struggling to learn Spanish and have been trying to speak to my Mexican colleagues with varying amount of success.
DeleteWell, actually some companies do wait for their new hires and they do sort out the necessary visas. I do know of cases where we waited for 6 months to 1 year for people to graduate. So she can try getting on some management program and it's not all doom and gloom.
While I sincerely wish your friend the best, I do wonder about the longevity of the relationship unless he wise up. Who am I to say this anyway, just a dumb ass crapping around...
Sorry, it's not that simple - her aged parents in Peru are really getting old and short of sounding morbid, well, she wants to spend some quality time with them before they die. So her intention is to return to Peru for at least a year and then take it from there. It is one thing for her to get a job here, but will they be willing for her to go to Peru for a year (or more) and wait that long for her? If she is that amazing, perhaps - but what if she isn't? We're in a very competitive job market and not all employers are that compassionate.
DeleteWe must support friends even in their mistakes; however, it must be the friend and not the mistake we are supporting. - Mohandas Karamchand Gandhi
ReplyDeleteThanks for sharing those words of wisdom :)
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