Earlier this month, the home secretary, James Cleverly, announced new rules that would mean a British citizen who wants their non-UK partner to live with them in Britain will need to earn a salary of at least £38,700 for six months before applying.
For many families and couples affected, the new rules have thrown their futures into uncertainty.
‘I haven’t told my kids yet, they would be horrified’
Jessica Mason, 36, met her husband, Sanas Sahib, 37, in Dubai 12 years ago. Their son, Tariq, was born in 2014. They moved to Sri Lanka, Sanas’s home country, in 2017. Their daughter, Layla, was born soon after. The family had planned to stay in Sri Lanka for a while, but in 2022 the country fell into political and economic chaos.
“There was no fuel and there were power cuts 12 to 13 hours of the day. We were in 35-degree heat. The real crunch point for us was when the hospitals were basically empty, no anaesthesia, no antivenom, no bandages. My husband said, ‘I think you need to get the kids out of here for a few months,’” said Jessica.
She took their children to Newcastle while Sanas remained in Sri Lanka. They applied for an exceptional circumstances visa, which was denied by the Home Office. Sanas was stuck in Sri Lanka for 10 months before the decision was overturned after a media campaign. He came to the UK in February. “It was incredibly traumatic for my kids. They have valid fears of being separated from their dad again,” she said.
Sanas is in full-time employment but he does not earn above the threshold. Jessica is self-employed as an online language teacher and studies part-time. With high childcare costs, she looks after the children and plans her work schedule around this. “I could earn more money but at what cost? I would have to give up my studies and keep the kids in childcare until night-time. They want us to be earning more money on paper but more expenses will be going out,” she said.
“I haven’t told my kids yet, they would be absolutely horrified. Even now, my children still stuffer from separation anxiety,” she added.
‘Life would be so much better if he was here’
Tracey Barhan, 47, has been given 12 months to live after being diagnosed with stage 4 bowel cancer. Her husband, Kenan, 25, lives in Turkey. He has never been to the UK. “Life would be so much better if he was here. I just want to make memories. I want him to meet my family,” she said.
She has had cancer three times in seven years. Five years ago, she went on holiday to Turkey. “I still had a colostomy bag on,” she said. On a night out in Marmaris, the pair met. Kenan could not speak English so they communicated through translation apps. After Barhan returned to her home in Preston, the pair kept in touch online. She visited Kenan in Turkey a few times and, after her final diagnosis, the pair married in September.
Her cancer, which continues to cause her pain, is still spreading. The prospect of visiting Turkey again is looking less likely.
Before her diagnosis, she worked in a high street card shop. The new rules would have put her way below the income threshold. “I’d never be able to earn that,” she said.
“I’d love him to meet all of my family and to have someone by my side. I think people think I’m lying when I say I’ve got a husband, they say ‘where is he?’ I want things to feel normal,” she said.
‘The government hasn’t considered people in semi-rural areas’
Shaun McGovern, 28, has lived in Wales with her husband, Charles Taylor, 29, for four years. In 2019, she moved to Bangor from the US to study for a master’s degree. She met Taylor on a dating app. “From our first date, it was love at first sight. I remember coming home and telling my mum, ‘I think I’ve met, like, the person I’m going to marry,’” she said.
They married in 2021. Shaun has been living in Gwynedd on a spouse visa that was sponsored by Taylor since last year. At the time, her husband worked for the local council and earned above the previous threshold. Shaun was working at the National Museum of Wales until August this year, when her health took an unexpected turn. She had to quit her job and now works part-time.
Taylor is a self-employed delivery driver. He gets paid per delivery, which means his incomes varies. McGovern’s visa is up for renewal next October. “It’s kind of a Hail Mary to hope that my husband’s income will be enough this year,” she said.
“The government really have not considered people with disabilities or those who take on caring responsibilities who are unable to work full time and earn £38,000 a year,” she added.
Shaun said an income of £38,700 in Gwynedd was unheard of. “Everyone has laughed or their jaw has dropped when I tell them how much somebody will have to make to sponsor a spouse,” she said. “I don’t think the government has considered people who live in the more semi-rural and rural areas of the country,” she said.
The couple’s next steps are unclear. “To be honest, we haven’t made a backup plan. We are both in a bit of shock and denial,” said McGovern. If they are unable to stay in the UK, they might move to Ireland. If that options fails, McGovern might have to return to the US. “I can’t even imagine what we would do as a married couple who have to live separately,” she said.
‘We sacrificed so much to be here’
Owen Sennitt, 32, met his partner, Kelly Robinson, 31, while studying in the US 11 years ago. “We became best friends and fell in love,” said Robinson. The year after, Robinson studied for a year in Leeds and the pair spent every spare moment together. Since then, the couple have firmly established a life in the UK. About five years ago, they moved to Norwich. They have bought a home, brought up a pet and have become aunts and uncles. The new visa rules threaten to upend their hard-earned lives.
“We face immense uncertainty and heartbreaking choices,” said Robinson. “I had to completely start my life over when I moved here. I missed countless life moments with my own friends and family back in America. All of this sacrifice felt worthwhile because we love one another. We’ve worked hard to build a life and abide by visa rules,” she added.
Robinson is due to finish her PhD in biosciences from the University of East Anglia next year. She had planned to apply for postdoctoral research positions, which usually have a starting salary of about £32,000. Sennitt is a local democracy reporter and also earns below the new income threshold. “The chance to get that salary would be near impossible right now,” he said.
The pair are thinking of selling their home to sponsor the partner visa by meeting the minimum savings threshold. They are also considering moving to the US. “All of our possessions are here and we would have to sell most things. Our pet is older and might not be able to travel with us. We’re again faced with being separated for an indefinite amount of time, which is shattering,” said Robinson.
‘They haven’t thought about older people’
Stephen Michael Oates, 68, is a former business owner who is now retired. He met his wife, Kaemkan Oates, 48, in Thailand seven years ago. They live in Devon. They got marred in 2018. Kaemkan came to the UK in January 2020 and is on a five-year route to permanent residency. Stephen acts as Kaemkan’s financial sponsor. He receives more than £38,700 but the majority of this comes from a private pension, which has caused him difficulty with the Home Office in the past.
Kaemkan’s visa is due for renewal in 2025. Stephen’s state pension is about £11,000, which is below the old income threshold, but he has a healthy private pension. When applying for Kaemkan’s first spousal visa, income from his private pension was not accepted as valid. Therefore, he withdrew about £40,000 from his private pension to top up his savings for the application. If he faced the same issue with his private pension under the new rules, he would need to withdraw a much larger amount. “I would need £100,000 in my current account,” he said.
“Many pensioners wouldn’t be able to fulfil the criteria. I don’t think they’ve really thought about older people,” he said. Stephen is a lifelong Conservative voter. He said the new rules would affect his vote at the next general election. “I probably wouldn’t vote. I just give up,” he said.
