LOVE ACROSS THE BORDER: CAN YOU AFFORD TO FALL IN LOVE?

If food is the way to a man’s heart, 33-year-old *Thembi Nkosi seemed to have the exact Global Positioning System (GPS) co-ordinates to *Soren Adamsen’s.  The couple met ten years ago at a mutual friends’ Johannesburg home for dinner which Nkosi an invited guest and professional chef, ended up cooking from start to finish. It was shortly after taking bites of  Nkosi’s lemon chicken dish that Adamsen, a Danish national was permanently hooked on her. “Two months or so later after our first meeting he invited me to Denmark and introduced me to his family and friends” says Nkosi a South African citizen. “I guess he is only human” she says, explaining why Adamsen found her so irresistible.  After ten years of travelling between South Africa and Denmark the couple finally decided to take the plunge and build a life together in 2013.  This meant that Thembi Nkosi  and her three-year old daughter  had to  move from South Africa and join Soren Adamsen in Denmark using the family re-unification visa for entry. First the couple had to prove that they had lived together for two years consecutively in order to qualify for a visa,  an issue which presented a huge challenge for the couple.“The family unification process is a laborious one” says Adamsen, who works as a journalist for a leading investigative television program in Copenhagen.  “We had to fill out at least 100 pages of documents justifying why we wanted to be re-united or why we wanted to live together.”  He says adding that “Our initial application was rejected” Adamsen and Nkosi like many other couples who’ve had to apply for family re-unification visa’s found the process punitive and sometimes unfair. While the family re-unification laws in most EU countries require applicants to apply from their country of residence, those who do, do so at their own risk as they are more likely to be rejected from the outset. “We paid a big price for being honest, and trying to do things the right way” says Adamsen, adding that from his perspective the laws seem to favour those who are dishonest or cheat the process. The process however was even more frustrating for Nkosi as the paper work and all forms were written in Danish and she was ostensibly  excluded from the entire visa application process. Yet in the end it was not the paper-work nor the bureaucracy that would finally open the doors to a life together for the couple.  Money was the key without which it would have been impossible for them to be re-united even if they met all the other required criteria. “Soren had to get a bank guarantee loan of 50 thousand Kroner, equivalent to 100,000 ZAR  as an insurance” Says Nkosi.  Fortunately for the couple, Adamsen who is financially solvent and had not been on state-welfare in the past two to five years  qualified for a  bank guarantee  and the family was able to be re-united  six months after the initial application process.“I think it’s just another way for government to make it difficult to families to be together” says Adamsen. “For other people it may be difficult (to acquire the funds)  but for us the money issue was irrelevant. We just wanted to be together and I did everything in my power to make sure that, that happens, but it is still upsetting to know that government can have the last word on a private issue such as who you decide to spend your life with.” New family re-unification laws in the United Kingdom came under the spotlight last year  after a couple in Cornwall was denied a family re-unification visa due to insufficient funds. In 2013 the UK issued new regulations which stipulate that UK residents wanting to sponsor a loved one from a non- European Economic Area ( EEA)  should earn a minimum of 18 thousand Pounds or 311, 973 Rands a year  or about 25 thousand rands a month. The amount increases with each child a couple has.  The  British Home office staunchly defended its policy  in court  justifying the financial requirement as being part of an effort to help immigrants to integrate. When asked by a judge if the home office was suggesting that an affluent person would integrate more easily than a poor person, the response was “yes”.  London, the capital city of the United Kingdom is currently the billionaire capital of the world with a recorded 104 Billionaires  living in the city. UK officials say the new visa regulations introduced in 2012 are working as intended and estimated that the new policy would reduce family visa applications by 17,800 a year.   Under the EU directive on the right to family reunification non-EU nationals can bring their spouse, under-age children and the children of their spouse to the EU State in which they are residing. After a maximum of five years of residence, family members may apply for autonomous status if the family links still exist. The Directive only however only applies to 25 member states excluding the United Kingdom, Denmark and Ireland which determine their own criteria for family reunification. The UK is currently canvassing for new EU reforms which will ensure even tougher or stricter  legislation on benefits for migrants. While South African immigration law does not use money as the main criteria ( there is no financial threshold only proof of affordability) for family re-unification visa’s or family relative visas. The visa application process can be extremely tedious (littered with bureaucratic misunderstandings)  for relatives applying through the South African Home Affairs offices. *Lamya Luall, a Sudanese-American writer, married to a South African says US visa policies make it comparatively easier for families to be together. “My husband is eligible for permanent residence or green card as soon as we are married, his residence papers once issued are first on a conditional basis, to ensure people are still married but after two years the conditions are lifted and a full green card is issued which is good for 15 years.” She said.   However South Africa does not have a residency or work permit option for spouses once married. ” There’s a relatives permit, which needs to be renewed every two years pending police Clearance, a TB test, doctors clearance and a host of other requirements.” She adds “You have to hire lawyers (who don’t come cheap) to help because most people at home affairs aren’t familiar with these rules.” She said concluding “I can only be eligible for permanent residence in South Africa after 5 years of proving a marriage and/or life partner relationship. I could only apply for citizenship after 10 years”.  Lamya says marriage to a South African  does not make the process any easier. She says she will be applying for a separate special skills visa  which does not have a two-year renewal requirement.   Even though the process of applying for a family re-unification visa in Denmark would have been made  much easier had  Thembi Nkosi and Soren Adamsen decided to tie the knot Nkosi says she didn’t want to get married for a visa, she wants to marry for love. “I’m a catholic girl after all, I still want the official proposal. I want fire works!” She concluded.   *original names changed to protect identity

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