Family’s shock at financial immigration rules

A Bristol man has spoken of his “shock” after discovering that he cannot return to the UK with his Chinese family.

Seven years ago Shariff Tbealeh left Bristol to go travelling for a year.

However, life took an unexpected turn and he met his future wife Ivy, while working in China. They married, settled down to life in China and had a son Charlie, who is now four. 

Earlier this year, after finding out his sister had cancer and wanting to be close to his 96-year-old grandmother, Shariff thought it would be a formality to return to Bristol with his family.

‘Thought we had rights’

He has now spoken of his dismay after discovering, under strict financial immigration rules which apply to people with spouses who are from outside the European Economic Area (EEA), that he cannot move back to the UK with his family.

“We were shocked,” said Mr Tbealeh. “I never imagined this happening to me because I am a British citizen, and I thought we had rights.”

The regulations, brought in in July 2012, mean he has to prove he can support his family before they can move to the UK.

To meet the rules he would have to leave his family behind, move back to Bristol and find a job paying more than £18,600 per year. What’s more he would need to hold the job for six months.

‘It’s crazy’

Faced with separating for six months, the family have now moved to Malta so they can be closer to his family.

“It’s crazy that we can move anywhere in Europe, but can’t move home. We even get free NHS here because UK and Malta have reciprocal agreements for health.

“We have used lots of our savings moving to Europe,” said Mr Tbealeh.

“We could have used our savings to start a new life in the UK. We wanted to be closer to family in the UK, but we still feel very far away from them.”

‘Irreparable harm’

He has since discovered that there are hundreds of families in the same situation.

Sonel Mehta, from campaigning group BritCits, said the immigrations rules “are making a mockery of family values, violate the sanctity of marriage in causing the separation of couples, keep our citizens in exile and force British children unnecessarily into a single-parent upbringing.

Charlotte Leslie, Bristol North West MP, said she had been “lobbying the Government on behalf of Mr Tbealeh,” but they are “not willing to change the policy”.

She added that while she supported the principle “this policy has clearly led to unfairness in some cases,” and she hoped the “Government will look again at the level of the financial threshold and exempting those who have been married for many years”.

‘Tearing families apart’

A Home Office spokesman said “family life must not be established here at the taxpayer’s expense” and “the minimum income threshold to sponsor family migrants is delivering these objectives.”

Mr Tbealeh said this is going to be a “lonely Christmas” away from his family and all he asking for is “immigration cases to be decided on a case by case situation”.

“At the moment it is too difficult to come home and it is tearing families apart.”

Home Office guidelines state that:

• The minimum income threshold for British citizens to sponsor a non-EEA spouse or partner or child to come and live in the UK was introduced in July 2012. It aims to ensure that family migrants do not become reliant on the taxpayer for financial support and are able to integrate effectively.

• The minimum income threshold was set, following advice from the independent Migration Advisory Committee, at £18,600 for sponsoring a spouse or partner.

• The requirement to have held the current employment paying at least £18,600 a year for at least 6 months at the date of application provides some assurance that the person can hold down employment at that level of income.