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Life in the UK Test a tax on foreign marriages.

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Reverend_Don
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Life in the UK Test a tax on foreign marriages.

Post by Reverend_Don » Wed Dec 30, 2009 4:40 pm

Forgive me if I have this all wrong but I see the new requirements for foreign married partners, married to a British Citizen, as outrageous. Especially, if they have no previous knowledge of the English language or way of life and are along in years.

I can also not see the value in applying for ILR as the requirements are the same as for Citizenship with the exception of an additional year to qualify for the latter.

My wife is 44 and from China and we married a year ago after having a “common lawâ€

ElenaW
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Location: Back and forth between California and Norwich :D

Post by ElenaW » Wed Dec 30, 2009 4:46 pm

I'm really sorry about this, what a tough situation to be in. Have you looked into excercising your treaty rights in another EU country?
I tell it like it is.

Reverend_Don
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Post by Reverend_Don » Wed Dec 30, 2009 5:15 pm

boulevardofbrokendreams wrote:I'm really sorry about this, what a tough situation to be in. Have you looked into excercising your treaty rights in another EU country?
Thank you ever so much for this. :)

I only now wish I had vented my frustration earlier.

This may indeed be and alternative for us until I retire when we intend to return to China anyway.

Thanks again.

andyb123
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Post by andyb123 » Wed Dec 30, 2009 6:03 pm

The changes to the rules covering immigration are the result of years of bellyaching by the "man in the street" (but they aren't dearly beloved honest guv) that immigrants are the source of all the troubles in the UK, asylum seekers getting free handouts etc. etc.

I'm in a similar position to you, as a UK born citizen more than able to cover my own means and support my wife and family i see no reason to be subjected to so many additional checks and taxes to enable my wife to live with me.

In your case it is particularly harsh that she's not likely to be able to pass the silly Life in the UK test... have you tried writing to your MP? he/she may be able to help in your case


My wife has been here one month and we've already had our first event of verbal dearly beloved abuse in a Wetherspoons. On boxing day no less. Makes you proud to be British doesn't it.

ElenaW
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Post by ElenaW » Wed Dec 30, 2009 6:05 pm

Reverend_Don wrote:
boulevardofbrokendreams wrote:I'm really sorry about this, what a tough situation to be in. Have you looked into excercising your treaty rights in another EU country?
Thank you ever so much for this. :)

I only now wish I had vented my frustration earlier.

This may indeed be and alternative for us until I retire when we intend to return to China anyway.

Thanks again.
No problem! Best of luck :)
I tell it like it is.

meats
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Post by meats » Thu Dec 31, 2009 12:54 pm

andyb123 wrote:The changes to the rules covering immigration are the result of years of bellyaching by the "man in the street" (but they aren't dearly beloved honest guv) that immigrants are the source of all the troubles in the UK, asylum seekers getting free handouts etc. etc.

I'm in a similar position to you, as a UK born citizen more than able to cover my own means and support my wife and family i see no reason to be subjected to so many additional checks and taxes to enable my wife to live with me.

In your case it is particularly harsh that she's not likely to be able to pass the silly Life in the UK test... have you tried writing to your MP? he/she may be able to help in your case


My wife has been here one month and we've already had our first event of verbal dearly beloved abuse in a Wetherspoons. On boxing day no less. Makes you proud to be British doesn't it.
The visas should either be free or severely reduced when a British citizen is involved anyway if you ask me. At least that way the checks made on yourself are a bit more accepted.

Wanderer
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Post by Wanderer » Thu Dec 31, 2009 2:32 pm

U say u have Chinese citizenship - China doesn't allow it, how did that happen?
An chéad stad eile Stáisiún Uí Chonghaile....

mochyn
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Post by mochyn » Thu Dec 31, 2009 3:47 pm

you can obtain Chinese citizenship although with difficulty but they do not allow dual nationalty.
You must renounce your own country's citizenship in order to take up the offer of Chinese citizenship
Jiimmy McGregor who has lived in Hong Kong for many years did so in a blaze of publicity as he was a member of the HK Government and a dour Scot

Reverend_Don
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Post by Reverend_Don » Thu Dec 31, 2009 4:16 pm

Actually, it is not as difficult as it used to be but still very drawn out, legalistic and very stressful but if you know the right people it happens.

Basically and put in very simple terms, you have to be married to a Chinese citizen and then satisfy the 5 year residency requirements before your case is considered and if you are special, like me :), your in.

The first step is for your wife or in laws to apply, in China for a Certificate of Residence based on Family. You then take this to your local Chinese Embassy who, if all is well with them and your paperwork, issue you with the appropriate visa. A category D Visa if memory serves me correctly.

You also need to show that you either have adequate means of support or that your family members in China can and will support you. Example, having loads of money or approved employment in China. Here again it helps to have good friends. :)

It is a lot easier if you happen to be over 60 with an adequate pension.

You can have dual nationality but you need to be discrete about it. :wink:

Mr Rusty
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Post by Mr Rusty » Thu Dec 31, 2009 6:25 pm

Despite the many objections which may be raised against the appropriateness of the questions in the "Life in the UK" Test, it is a perfectly reasonable proposition that those who wish to settle in the UK, for whatever purpose, should be able to demonstrate some appreciation of the history and culture of the country which they propose to call "home", and an ability to speak the language. As an example, if she can speak English and knows how to fill in a form, the wife who is imported from rural Bengal or Pakistan may just have a chance of breaking out of the servitude to which many such immigrants have been subjected over the last three or four generations - the requirement is as much a potential protection for such people as a response to the perception that there is a proportion of the settled population in the UK who feel no allegiance to the history and culture of the country, and think that their own beliefs should be catered for, whatever the cost to the rest of us. The OP thinks it's not necessary for his wife to speak English because he can speak her language, so she's totally reliant on him. Is that a healthy situation?
The OP asks whether he should have considered such matters before he married his lady. He should certainly have done so before he thought of bringing her to the UK, and as for his comment "God help me if I lose my job and have no income" - well, quite. Why should he expect the British taxpayer to support yet another immigrant to the UK?

wunder
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Re: Life in the UK Test a tax on foreign marriages.

Post by wunder » Thu Dec 31, 2009 9:59 pm

[quote="Reverend_Don"]
For the record, I took the “Life in the UKâ€

djb123
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Re: Life in the UK Test a tax on foreign marriages.

Post by djb123 » Fri Jan 01, 2010 11:14 am

[quote="wunder"][quote="Reverend_Don"]
For the record, I took the “Life in the UKâ€

wunder
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Re: Life in the UK Test a tax on foreign marriages.

Post by wunder » Fri Jan 01, 2010 3:35 pm

djb123 wrote:Living abroad doesn't really have anything to do with it, the test is based on facts which many British people living in the UK wouldn't know - ie historical dates, etc
The majority of questions concern life in UK as it is now - so there are questions about EU, recent laws, human rights, taxes, rules. The majority of those changed (or were created/updated) after 1988.

PaperPusher
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Post by PaperPusher » Fri Jan 01, 2010 4:15 pm

Reverend_Don

If your wife does not speak English, she may be able to do ESOL classes and citizenship. See here:

http://www.ukba.homeoffice.gov.uk/settl ... nstrating/

I think she should persevere with this though. Speaking English to a level where she is able to communicate easily will help her so much.

I know people who have lived in the UK for decades and never learnt to speak or understand English past being able to say hello and basic pidgin phrases. Mainly women in fact, and all cut off from most aspects of life in the UK, only able to socialise with people with the same cultural and language background, and some desperately poor and marginalised.

I don't know how good your wife's English is but surely it would help her to speak English to a resonable level in time.

I also pay taxes, some of which go on translation services. My council tax goes in a pot that also gets used to pay translation services locally. I am fed up of other people's foreign marriages being a tax on me frankly. Before this requirement came in to force, people got ILR through marriage when they couldn't speak a word of English.

Oh, and I had a go quite a while ago on the practice test and passed!

BLK235
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Post by BLK235 » Fri Jan 01, 2010 4:40 pm

UKBA wants to take it further. There was a consultation paper on pre-entry English requirement for spouses.

On the bright side they were proposing to set this English language requirement quite low (command language level), which if you ask me seems to be quite reasonable.

John
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Post by John » Fri Jan 01, 2010 5:23 pm

PaperPusher, a very good point. Reverend_Don you seem to have totally overlooked that alternative route. Can you say whereabouts in the UK you are? Readers of this board might be able to suggest where the nearest combined ESOL/Citizenship course is located.
John

Wanderer
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Post by Wanderer » Fri Jan 01, 2010 5:41 pm

PaperPusher wrote:I also pay taxes, some of which go on translation services. My council tax goes in a pot that also gets used to pay translation services locally. I am fed up of other people's foreign marriages being a tax on me frankly. Before this requirement came in to force, people got ILR through marriage when they couldn't speak a word of English.
Mine is Russian and would be mortally offended if she had to use a translator or have a sign or form interpreted, her take is she's here cos she wants to be here with me, the least she can do is speak the lingo..

It's a pride thing, I hate to be happy to be a fish out of water....
An chéad stad eile Stáisiún Uí Chonghaile....

Reverend_Don
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Good news

Post by Reverend_Don » Wed Apr 28, 2010 1:18 pm

As suggested I took this up with my MP (local council actually) and next thing I know we are invited for an assessment interview.

The result was that my wife has been issued an exemption which will allow us to apply for ILR without ESOL or L in UK. RESULT!!!!

This suits us fine as we have no intention of staying in the UK beyond my retirement (6 more years). So Citizenship will never come into play. Who want's it anyway. It doesn't mean what it used to nor does it bring any advantage having it.

Many thanks to all who contributed constructively to the thread.

The others can kiss my ..... :)

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Casa
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Post by Casa » Wed Apr 28, 2010 1:31 pm

Well done. One word of caution however, I believe you will find that the new Probationary Citizenship (unlike on the present ILR system) will mean that everyone will be expected to apply for BC once they reach their qualifying date or leave the UK, unless their birth country prohibits dual citizenship.

John
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Post by John » Wed Apr 28, 2010 3:51 pm

Casa, her country, China, does prohibit dual nationality, so that is not in play here. Thankfully.

Reverend_Don, congratulations. So what your wife has is a medical exemption? Is that what you are saying?

Just trying to understand the nature of the exemption that has been granted.
John

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