Devizes man alone for Christmas again after losing wife's immigration fight (From This Is Wiltshire)

Devizes man alone for Christmas again after losing wife's immigration fight

7:00am Friday 18th December 2009

• Print
• Email
• Share
• Comments(2)

Property developer Andrew Colwell faces his eighth Christmas apart from his Filipino wife, Filma, as they battle with immigration authorities.

Mr Colwell, 59, who lives on a narrowboat on the Kennet and Avon Canal in Devizes, says there is no good reason for the UK Border Agency to turn down his wife’s visa applications.

In the eight years they have been married Mrs Colwell, 49, has been allowed to stay in the UK for just six months last year.

Mr Colwell visits his wife, known as Thelma, in the Philippines two to three times a year, in accordance with his visa, and gives her money to live on. He estimates he has spent £20,000 on visits and visa applications.

He said: “I have never spent Christmas with Thelma, it was bad enough last year on my own in my narrowboat. It’s all very depressing.”

The couple met while they were working in Hong Kong in 1998. Mr Colwell was working as an engineer and Mrs Colwell was a domestic helper.

They were married in July 2001 in the Philippines and Mr Colwell bought a cottage in Market Lavington for them to live in, but he sold it when his wife failed to get a visa.

He said they did not apply for a settlement visa for Mrs Colwell to live in the UK permanently after their wedding and when they did, it was refused because the UK Border Agency did not think the marriage was genuine.

Mr Colwell said: “We were happy to travel around the Philippines for a year or two after which I came back to the UK due to work commitments.

“I said to Thelma to apply for a six-month visa and work her way up to apply for a settlement visa, because the rules on settlement visas are very strict, but because we didn’t apply straight away for a settlement visa the authorities thought our marriage wasn’t genuine.

“But ours is not an arranged marriage, we love each other. If it was a sham marriage it would have broken up by now, due to the time that we have been apart.

“The authorities granted Thelma a visa for six months last year. She did not break any rules while she was over here and she returned to the Philippines at the end of her visa.

“The authorities know I can support her, they have seen my bank statements. We don’t have criminal convictions. There’s no earthly reason why she should not be here with me.”

The Border Agency turned down her application as it did not believe she would have left the UK after her visa expired. She erased the length of time on her application form from six months to one month, but she maintains she made the change on the advice of an official in Manila.

Mrs Colwell, who has no children, lives with her sister near Manila and helps look after her children in exchange for free lodgings. The Colwells have not been married before although Mr Colwell has a 30-year-old daughter.

Barbara Woodward, the UK Border Agency’s international director, said: “We are unable to comment on visa cases where the case is ongoing or where there are outstanding appeals.

“All visa applications are considered on their merits and where an application does not meet the requirements it will be refused.

“The onus is on the applicant to ensure that they apply under a suitable visa category and that they provide sufficient evidence to show they meet the UK’s immigration rules.”

• Print
• Email
• Share
• Comments(2)