I thought I would talk about immigration today. When I got up this morning, I read an article about a lady from Singapore, who had married an Englishman; they had been together for twenty seven years and had two children. She had returned home to care for her sick Mother; on her re-entry to the UK, she was eventually deported; she had breached the conditions of her visa, which stipulates, she can not spend prolonged periods of time outside of the UK. Consequently I also received a message in my inbox. I have been in contact with various immigration groups, trying to find out the legality of mine and Darrell’s situation.
We have both been together since 1995, just coming up to our 22nd year as partners, nearly two years married. When Darrell and I got together, it was under the Conservative Government of John Major. At the time, there were no laws or guidelines in place to recognise our de facto relationship. As a same sex couple, with a partner from a different country, other than those in the EU, we didn’t exist, in the official sense. For the first couple of years, we lived between Australia and the UK, fighting to stay together.
In May 1997, Labour came to power, at the time we were both living in Australia. During that period, I found it very difficult to live down under, so within a few short weeks of Tony Blair winning office, we packed up and left, while Darrell had some time left on his British visa. That visa would run out, before any laws were changed. If I remember rightly, the new immigration legislation was passed through Parliament in the October of 1997. That left a good few months, where Darrell was under threat of deportation; Darrell was illegally resident in the UK and could have been removed at any time. We did use this period to talk to Members of Parliament, solicitors and Stonewall, who were 100% behind our case. Towards the end of this time, we employed a Barrister, to challenge the Home Offices decision to have Darrell removed, trying to force a judicial review. In the end, the fact we remained together, was due to timing and a lot of hard work from out MP.
Even after October 1997, we were bound by draconian immigration restrictions, which effectively put our life on hold for many, many years. In the year 2000, Darrell was given his Indefinite leave to remain in the UK, based solely on our relationship together. The terms of this visa were strict and have prevented us, as a couple from living for long periods of time, outside of Britain.
In 2015, myself and Darrell moved to Spain. In all honesty, I never even thought about the ramifications of our decision. We left to start a new life after a period of trauma, so the last thing on our mind was the visa Darrell was allowed to remain in the UK under, with me as his partner. That may well have been a mistake; according to the news I had this morning, Darrell had breached the conditions of his ‘Indefinite Leave to Remain’, issued in 2000. In reality that visa, we had fought hard to obtain, had become null and void, despite our years together and subsequent marriage. Returning to Britain is now impossible, even if we decided to go down that road.
During the twenty years Darrell lived in the UK with me, he never once claimed any form of benefit, always paid his taxes and National Insurance and fully integrated into British life. It does seem rather skewed, that we should be punished for leaving our home, through no fault of our own; when others seem to enter British shores and are able to claim benefits, accommodation and assistance, whenever they so choose. That is the mark of a system gone wrong!
Darrell has been in Australia for seven months, he comes home to Spain, this Friday. He experienced his own problems when returning to his country of birth, to care for his Mother. There was no instant access to medical care and he was now living in a country he didn’t understand any more. When one looks from the outside in, one sees Australia as the ‘land of milk and honey,’ we all do; on the surface that is exactly how it is perceived; but circumstances have changed; Australia is now on the brink of recession. Consecutive Governments in Canberra have raised the minimum wage, to a level now, that is unsustainable, double that of the UK; an artificially elevated minimum wage; sounds all rather wonderful doesn’t it. In truth Australia has agreements with Asian countries, importing cheap labour every day. Taking away the jobs, naturally covered in the minimum wage act. The protection of workers rights, has become worthless, not fit for purpose and safeguarding no one.
Immigration is high up on the agenda, at least in the media. With the Brexit and Trump phenomenon , comes accusations of racism and isolationism, retreating back to boarders and no allowing anyone else in. It is a difficult subject for me; I voted for Brexit and stand by my decision. I really don’t believe that Expats living and working here in Spain, or indeed anywhere else in Europe will be effected by Britain’s decision to leave the EU. It is in Europe’s interest to work with the UK, not punish it for making a democratic decision to withdraw.
In my case and that of the lady from singapore, something has gone terribly wrong with the system. A system that is broken in so many ways, allowing undesirable characters to enter, yet stripping decent, law abiding citizens of rights, because of some ill thought out policy. People like Darrell have never had handouts, yet he really becomes a victim, because in the words of one immigration organisation, he isn’t black and he comes from a rich western nation. That is not a racist statement from me, it is a matter of fact. Had he come from a more deprived part of the world, he would have been helped far more than he ever was in the UK. Don’t assume, that just because my husband is from Australia, is is wealthy; we don’t have two cents to rub together. Horrendous circumstances brought us to Spain, we struggle every day, get no public funds and have no income at all; we ask for nothing.
So there we have it, my moan for today; actually more than a moan, it felt like a kick in the teeth this morning, I was in panic mode. I have no plans to return to the UK, but I do want the option there, should I wish to. The British Government would argue that Darrell, was unable to leave the UK, for such a long period of time, but surely our visa should be about us, our relationship, not what country we reside in. Had we stayed in the UK, Darrell would have still had to leave and look after his mother anyway, under those circumstances, our situation would have been far worse, he would have been deported, unable to return to the UK; so maybe, just maybe, we did make the right decision to move to Spain after all, only time will tell.