'We've spent the last two years trying to prove our marriage isn't a sham but the Home Office doesn't believe us'
A woman claims her Canadian husband faces deportation after spending two years trying to prove their marriage isn’t a sham to immigration officials.
Julie and Jeff Rose have been happily married since 2014 but are now having to prove the legitimacy of their union to the Home Office.
The couple, from Milnrow, Rochdale, says their life is on hold until the administration debacle is resolved.
They claim to have been given conflicting advice from Home Office officials, resulting in Jeff being placed on immigration bail and being unable to work.
Yet the Home Office say the onus is on the applicant to provide all the necessary documents for their case to be processed.
Julie, 55, said: “This is a person who entered the country legally. It’s absolutely disgusting.
“The problem is they are putting everyone in the same category.
“It’s devastating because he can’t work either at the minute. He bought a brand new car recently and we’re going to have to sell that.
“It has caused so much upset and stress.”
Julie and Jeff fell in love in Canada in 2007 before moving to the UK in 2011.
A couple of years later they decided to get married and in 2014 wed in a civil ceremony at Rochdale Town Halll.
Jeff, 55, has UK ancestors (his paternal grandfather was born in Derbyshire), enabling him to enter the country on an ancestry visa.
Jeff’s visa was due to expire in July 2016, so the couple made enquiries about which course to take as he was married to a UK national.
The couple claim to have received conflicting advice from the Home Office about what to do.
On a second call to an advisor they were told to apply for Indefinite Leave to Remain under the ‘Spousal Route’ once the ancestry visa had expired a year later.
By this point the couple had got jobs working in education and had bought a house.
Jeff was told he’d have to sit a ‘Life in the UK’ test.
Julie explains: “The first available appointment was August 11, 2016. His ancestry visa expired on July that year 2016.
“At no point were we told we should continue under the ancestry route, or that we could in fact apply to extend his ancestry visa for a further five years; something we have since established was an option.
“No one advised us of this at that time.”
They completed the application under the spousal route, expecting it to be processed within six months.
Yet despite numerous follow-up calls, they didn’t hear from the Home Office for another year.
It wasn’t until June 14 this year, after 20 months of waiting, Jeff was told his application for indefinite leave to remain in the UK was rejected.
Their caseworker said they did not believe their marriage to be ‘genuine, real or subsisting’.
The couple were devastated.
“I can’t tell you how stressful the whole process is,” says Julie.
“The correspondence was shocking and devastating for our family.”
Jeff added: “It’s difficult to comprehend or describe what it feels like to be faced with the possibility of having to leave your wife and family, and a country in which you are settled, and the utter upset and devastation this has caused our family.
“We had built a life here, I had been working and paying taxes for seven years and felt a strong attachment to the place of my grandfathers heritage.”
Jeff was dealt another blow when he lost his job as a key worker for young adults due to the Home Office’s decision.
The couple have appealed the decision, sending photographs, pay slips and other documents to prove their marriage.
But for now Jeff remains on immigration bail.
He is now faced with having to report to a deportation centre in Salford Quays once a month until his application is processed.
Jeff says there is no fair reason for placing him on immigration bail.
“Why would I choose to abscond?” he said.
Julie, a teaching assistant, added: “While I appreciate the need to protect the borders, but this is ridiculous.
“Now I’m in a situation where my husband could be deported.”
The couple believe they have fallen victim to a number of clerical errors on the Home Office’s part.
“We did everything and followed the advice of the adviser but now we are having to prove that our marriage is real,” added Julie.
The Home Office said it had contacted Mr Rose to inform him that we are reviewing his application for Indefinite Leave to Remain.
A spokesman said all UKVI helpline staff provide advice on the application process, and do not provide immigration advice, including which visa route is appropriate.
A Home Office spokesperson said: “All UK visa applications are considered on their individual merits and in line with UK immigration rules and guidance.”
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