United by love, divided by law

Some Kenyans in the UK lead troubled lives. Their woes are increased by continually changing immigration laws that threaten to break up families. Resentment of foreigners also fuels racial discrimination in the society. SHAMLAL PURI talks to some victims.

In the bowels of Scotland sits heartbroken husband James McAllister, who has spent the last two years waiting for his Kenyan wife, Vera Akinyi, some 7,500 kilometres away in Nairobi, to join him in Kirkcaldy, Fife.

The UK’s draconian new rules have stolen McAllister’s right to a family life. He is one of the casualties of a recently introduced radical immigration rule saying only British citizens with an annual income of up to £25,700 (Sh3.4 million) per annum can apply for a spouse visa or take the option of going into ‘exile’ abroad.

The new rules also require a stringent English-speaking test for foreign-based spouses seeking a family visa to join their British spouses in the UK.

The Scotsman, a former Black Watch soldier, works for a supermarket where his salary does not qualify him to bring Vera, 32, and her son, Steve, six, to join him.

McAllister blames the UK’s immigration laws for discrimination against working class people: “It is derogatory that because you don’t earn enough, you can’t be with your spouse,” he said.

For the past few months, he has tried every avenue to get his wife and her son, but keeps getting knocked back.

McAllister says that the government does not want people being a burden on the UK taxpayer, but “I would be supporting my wife. I support her already.”

“I’m sure I am not the only person in the country suffering from this,” he said, adding that his inability to obtain entry for her was already having a toll on their relationship. “Every time I speak to Vera on the phone, I feel so bad; it is difficult keeping a brave face.”

He says Vera has suffered a miscarriage due to the pressure they are facing in processing her papers to enter the UK.

Depression

The couple met when McAllister was holidaying in Kenya. They married in August 2011, at a Nairobi restaurant. McAllister left his wife in Nairobi, promising to get her visa papers processed.

Vera has not been able to visit her husband in Kirkcaldy, but McAllister has made several trips to Kenya to see her and his stepson in Ongata Rongai.

Their heart-rending story is repeated in many parts of the UK.

Immigration welfare commentators say the new rules will exclude two-thirds of Britons, who earn less than the £25,7000 per annum, from living in the UK as a couple if they marry a non-EU national. It is estimated that more than 50 per cent of the 53,000 family visas issued annually could fall foul of the rules.

 “It is very difficult for a lot of Kenyans in low income jobs to bring their families here,” says London salesman Kariuki. “It’s a struggle that causes a lot of depression.

 “A lot of us will put up a brave face but, we have problems with the British immigration system resulting in a lot of broken families.”

The Home Office defended its minimum threshold law for British citizens wishing to sponsor a spouse visa for their partner, saying that the rule was based on recommendations from the Migratory Advisory Committee as the level at which a couple generally ceases to be able to access income-related benefits.

A spokesman said that while the UK welcomes those who wish to make a life here with their family, work hard and make a contribution, their family life must not be established at the taxpayers’ expense.

For many Kenyans, living in the UK is not a bed of roses. Aside from the new immigration and visa laws, the age-old problem of racial prejudice remains.

Joyce Ng’ang’a arrived in London from Limuru more than two decades ago hoping to build a new life. She later moved to Leeds and started a cleaning business. But she no longer feels comfortable living here because of blatant racial discrimination, which has taken a toll on her and her family.

Joyce is making serious plans to return to Kenya and set up business.

“I have been a victim of racial discrimination and abuse. The discrimination is so much, I could write a book. Not being able to get work because of the colour of your skin can dent anyone’s confidence,” she told me.

She feels shattered by the open discrimination, and says she has missed business opportunities just because of the colour of her skin.

“I even changed my name to Joyce Bert for that reason, but as soon as potential clients meet me, they change their minds about giving me business.

“One time, I was told that a contract had been given to someone else, but when I got my Caucasian partner to approach the client again, we got the contract.”

A white Briton once viciously told her to “crawl back to the tree from where I had crawled from”.

Joyce, who is an award-winning entrepreneur, says that in the eyes of many white Britons, Africans should be “working in hotel kitchens, making beds in hotels or working in care homes.”

“That’s a totally ridiculous way of looking at ethnic communities, who are paying taxes like everyone else and making a meaningful contribution to the British economy.”

Nuisance  

She even had to change her phone number to avoid getting nuisance calls following a blaze of publicity in the UK media, following her innovation of special duvet covers.

Joyce has remained steadfast despite the abuse from those she describes as “pathetically uneducated people”.

“This has just made me more determined and stronger,” she said.

Many African say the present laws are inadequate to deal with perpetrators of racism.

“We need to revisit race relations laws, which are sadly toothless and do little or nothing to punish those who blatantly abuse us blacks. We, too, are British citizens and deserve the same protection as the white-skinned people,” says Nigerian businessman Kanayo Ezeoke, who has lived in the UK for 30 years and seen his own share of racism.