Legal News

A 67-year-old woman from Canada has been banned from entering the UK to be with her husband of 45 years because Border Agency officials say they do not have evidence their relationship is “genuine”.

The Daily Mail reports that Dutch-born Maria Summers was forced to leave the UK on Sunday (23/08/15) and is not allowed to re-enter the UK, where her husband David has relocated from Canada to care for his 95-year-old mother.

Mr and Mrs Summers have a 42-year-old son who has a British passport – as well as a granddaughter.

The couple met after Mr Summers went to Canada and they married in 1970.

Mr Summers is also recovering in hospital from recent surgery for bladder cancer. He and Mrs Summers returned to the UK in 2013, but the Border Agency recently asked for documents to prove David's ill health.

She had also applied for permanent residence in the UK.

Mrs Summers said she sent the documents, but did not hear back from Border Agency officials before her time in the UK expired and she was forced to fly back to Canada.

Border Agency officials have claimed, however, that there is no evidence that – despite the couple marrying in 1970 – their relationship is “subsisting”.

“It's terrible that I can't be here for him,” said Mrs Summers.

“To say our marriage isn't genuine after 50 years and a son together is ridiculous.

“First, they said we could not prove we had an affectionate relationship – then they said we don't feel you have the money to support yourselves.

“But we both receive pensions from Canada, David has a salary as a councillor and I do optical consultant work.”

Mrs Summers said she is “treated like a criminal” every time she enters the UK.

“They take my fingerprints, they take my mugshot. It's extremely frustrating and humiliating.”

The couple live in Hereford, where Mr Summers is a councillor for Dinedor Hill. He is also a retired retailer and published author – and the couple have a mortgage-free home.

However, Mrs Summers’ application for a permanent visa to remain in the UK was rejected in March. The couple appealed the decision, however, after receiving a rejection on the grounds:

“You state that you have been married to your sponsor since 7/12/1970.
“However you have not provided any evidence that your relationship is still subsisting.

“It is reasonable to expect that in a genuine subsisting, supportive and affectionate relationship, there would be evidence of regular contact, signs of companionship, emotional support, affection, and abiding interest in each other's welfare and well-being throughout the entire duration of your relationship.”

Mrs Summers said:
“We've got almost half a century's worth of birthday cards, 45 years of holiday snaps from all over the world.

“We've got pictures of us with our son just after he was born, growing up, right up to his wedding day.

“If they'd asked us to send us all of those photos, we could have done,” Mrs Summers added.

After marrying, the couple had lived in Kingston until 1981, when they went to live in Ottawa. However, they made frequent visits to the UK – and bought their house in Hereford in 1995 for Mr Summers’ elderly mother Doris Murray to live in.

When they returned in September 2013, they intended to retire to the UK and care for Mr Summers’ 95-year-old mother, who had fallen ill.

Mr Summers said the paperwork they completed in the 1970s allowing them to visit the UK regularly led them to believe they did not require a permanent UK visa for Mrs Summers.

The Home Office said it did not comment on individual cases.

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