THE UK Government’s “hostile environment” for migrants is back in the spotlight after the American wife of a self-employed Scot was refused a spousal visa to stay with her husband in Edinburgh.
Julianna Colaianni had been studying at Northumbria University on a general student visa (Tier 4), and had graduated with a master’s degree in arts and media management in December 2016.
She and Tony Duffy, a self-employed plasterer in Edinburgh, were married in January the following year. It was then that she first encountered problems with Home Office immigration officials.
Colaianni told The National: “I didn’t know which visa to apply for, as the website is very confusing and this was my first time ever dealing with applying for a visa, so I called the Home Office looking for advice.
“They actually recommended that I should apply for a refugee visa, which was denied quickly because I am not a refugee.”
READ MORE: New UK Government immigration laws may miss Brexit deadline
She then sought legal advice and eventually applied for the correct visa, which was rejected in November last year, as her husband did not meet the financial requirements after having to start his business again after his partner relocated.
“We gave a lot of evidence regarding his mental health and figured since my husband was supporting me for close to a year at this point, that we had enough other information and evidence to support our case,” said Colaianni.
“The Home Office stated, besides the financial requirements not being met, that our other evidence was not valid.”
She said her husband is on prescription medication for depression and anxiety, which they would struggle to gain access to in the US.
Added to this is the fact that Duffy’s mother also has health problems and he and his wife are her main support.
“We submitted GP letters both for Tony and his mother and outlined the importance of his medication and that he would not be guaranteed access to this in the US.
“We also provided a psychological evaluation for Tony … the GP stressed the importance of having me for support. Tony’s mother’s GP also stated the importance of the both of us as support.”
Colaianni added: “Since I have a master’s degree from the UK in a UK specific field, I also submitted a letter of recommendation from one of my professors from my course.
“It wasn’t until September 2018 that the Home Office responded to this new information and I was told my only option was to voluntarily depart the UK.”
At the beginning of October, and acting on yet more legal advice, Colaianni left the UK and re-applied for a spousal visa a few weeks later after an accountant verified that Duffy had earned more than the £18,600 threshold. However, that application was rejected last month.
Colaianni’s mother-in-law is in hospital and is expected to be discharged next month, but the couple believes she will need their continued support. She said: “The Home Office believes we can support her from the US ... They rejected my visa based on Tony’s earnings after his material costs/taxable income.
“This is a complete contradiction.”
Although they are appealing against this latest rejection, Colaianni said her husband’s mental health was deteriorating.
She added: “I would like nothing more than to be able to use my degree to work and contribute to the Scottish economy and finally be able to start a life with my husband and start a family.”
A Home Office spokesperson commented: “All UK visa applications are considered on their individual merits, on the basis of the evidence available and in line with the UK’s immigration rules.”
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