Operation Keep Sami in U.K : The Army wife who faces deportation

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Please support this campaign if you can. There is a facebook group you can join at Operation Keep Sami in U.K

This seems to be a case of an over zealous bureaucrat. As an immigrant myselves to the UK- I think this is unfair on the family especially considering the unique circumstances. See more about their story on the BBC The Army wife who faces deportation

Outline from their facebook page below

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This group has been created so I can keep you all updated on my deportation drama.

I am overwhelmed with the support, information and kind words I have been e-mailed and am VERY appreciative of even the smallest e-mail just stating you care. I may not reply but please don’t think I am being ignorant I am simply throwing myself into doing what ever I can to keep my family together and am taking ALL advice!

Tell your friends, there friends and there friend’s friends because someone somewhere knows something!

To quickly bring you all up to date, and to tell those who don’t know, a bit about the situation. The details of my situation are as follows; and from now on I will also post any new information and each outcome.

I am Samantha, a Canadian national, who on October 25th 2004 married a British soldier (and full British citizen). We moved to and lived in Germany as Andy was stationed there and I obtained a Status stamp by the Britsih Embassy in Düsseldorf . This cost 15 Euro and allowed me in the country for 5 years. We were advised to apply for the relevant visa once we were at our new base in the UK(at a cost of £400 and have done so). Unfortunately, I have been refused the visa and it is highly likely I will need to leave the country and return to my country of origin (Canada) to reapply for the relevant visa.

The reason we were given for my being rejected is “You have applied for leave to remain in the United Kingdom on the basis of your marriage to Andrew Douglas Crozier. However the Immigration rules direct that a person seeking such leave is to be refused if they do not meet the requirements set out in the immigration rules as amended by HC 538. This includes that the applicant has limited leave to remain in the United Kingdom other then where that leave is of 6 months duration or less. On 30 October 2007 you were granted limited leave to enter as a visitor for a period of 6 months from 30 October 2007 until 30 April 2008 therefore you do not meet the requirements of having limited leave for a period of more than 6 months in the United Kingdom”. They also finished this letter with “You are not entitled to appeal this decision. Section 82 Nationality Immigration and Asylum Act 2002 does not provide a right appeal where an applicant still has leave to enter or remain in the United Kingdom and so is entitled to stay here.”

This all means because I entered U.K. LEGALLY like anyone was granted 6 months in the country, if I was smuggled in I would be ok! My children are now going to face the same problem going to Canada seeing as they are British citizens. What would happen if Andy passed away? I would be granted 90 days in our house to sort myself and move to Canada, as for the kids I don’t even know what would honestly happen to them!

I have written to our local MP, Border of Immigration, and many Army personnel and not one person seems able to help me apart from telling me to go back to Canada pay £400 again and hope for the best! This will mean leaving my kids and Andy behind and a response can take up to a year.

Please help me fight and win this battle to stay with my family where I rightfully belong.

Comments

  1. Samantha Crozier says:

    Thank you so much for putting my story out there, I am not the only one going through this and hope to have opened a can of worms so we can finally close this HUGE ordeal with the answers we rightfully deserve!

  2. Ajit Jaokar says:

    Good to see you here Samantha. Thanks for your comment. All the best!

  3. M. Hedemann-Robinson says:

    17.3.2008
    Please relay this information to the Crozier family/representatives.
    I think there is a strong case for arguing that Andrew Crozier’s rights as an EU Citizen under Article 18 of the EC Treaty have been infringed. Article 18 guarantees the right to move and reside freely within the EU Member States to EU Citizens. One could argue that the refusal to issue a residence permit to Andrew’s spouse constitutes a violation of his rights under Article 18, being a disproprortionate incursion into his rights to reside freely within the EU Member States. The impact of the UK authorities to deport his wife would be a violation of his EU citizenship rights to be able to move and reside freely within the EU member States under Art.18 EC, given that the effect of the deportation would have an obvious substantial adverse impact on his right to be able to enjoy (in reality) unimpeded continued residence within the EU Member States. His situation is not a purely ‘internal’ situation I would argue (ie concerning the UK only) given that he has been stationed elsewhere in the EU in his employment with the MoD (ie Germany). In my view this should be sufficient to trigger application of Article 18 EC. In addition, a recent line of cases from the European Court of Justice indicates that Art.18 EC is applicable even where an EU citizen does not invoke freedom of movement rights under the EC Treaty to livein other EU Member States (eg Baumbast, Chen). My advice would be for Andrew Crozier to seek legal advice on this point and complain to the European Commission in Brussels about the handling of his wife’s application for residency status as an infringement of rt.18. The Commission has the power to take legal proceedings against the UK if it considers there is merit in his case.
    Info on how to submit a complaint to the Commission is available from the following EU website:
    http://ec.europa.eu/community_law/your_rights/your_rights_en.htm
    At the same time, pressure should be made on the UK authorities to take on board this point about Art.18 (Home Office, MP, PM etc)
    Good luck.
    Martin Hedemann-Robinson
    Senior Lecturer in EU law
    Kent Law School

  4. Howard Hall says:

    This is’nt as much law as common sense and decency. Surely if there is “some paperwork” to be done…it can be completed while she remains with her family. I know these laws are designed to weed out criminals and undesirables…believe me, Samantha is neither.

  5. Gallimaufry says:

    Hi,
    Best wishes for the success of your campaign. I’ve posted about it on my blog at http://listeningblogger.blogspot.com/2008/04/heres-something-easy-for-jacquie-smith.html
    and my twenty readers a day read and post on other blogs so fingers crossed the snowball is rolling!
    Regards,
    Gallimaufry

  6. mrs skerritt says:

    from wife to wife i feel u pain as im in d same boat i find these people are so inhumane is like we are here to just take care and service d solider as soon as we r no more use they discard us im married to one as well an hav no status yet dont know where i stand,good luck