Couple win UK spouse visa fight

11 Nov 2013 | Posted by Carl Thomas

A couple have won their fight to gain access to a UK spouse visa after a year of challenging the Home Office's decisions.

Eileen Bora from Tunbridge Wells married Nusret in 2003 and lived with him in his home country of Turkey until 2007, when they moved to the UK. In 2009 they made what was meant to be a temporary relocation to Turkey but when Mr Bora was the victim of a brutal attack that left him disabled and brain damaged his wife was keen to return as a couple to the UK.

Unfortunately for the pair new Home Office rules brought in in July 2012 meant that he was no long eligible due to the fact that Mrs Bora did not earn the minimum £18,500 a year required to pass the UK immigration laws for spouse visa access.

However, a human rights appeal has resulted in the decision being overturned and Mrs Bora is said to be “absolutely overjoyed” at the decision.

Roger Sayer, a friend of the couple said that Mr Bora was working hard towards a life in the UK, adding that he had “paid his dues” when it came to earning his place in Britain. Mr Sayer told the BBC: “He's got a national insurance number and he was working towards British citizenship, which he really did want after he married Eileen.”

The appeal was allowed on human rights grounds and stated that the Home office's actions were disproportionate and affected the couple's right to a family life. A spokeswoman for the Home Office has said that the court's decision will not be appealed against.