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Old 08-27-2011, 04:31 AM   #3
Sparkle
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I am a US citizen and I was personally impacted by (the lack of) immigration provisions for LGBT citizens in the United States.

1996 - I met my former partner, a UK citizen, while she was in the US on a work visa. By the time her work visa expired we were very much in love and very shocked to discover that there was no way to extend her visa and no way for her to remain the US (legally).

In 1997 the Labour Party, under Tony Blair's leadership, created an "exception" to the immigration rules that allowed bi-national same-sex couples to apply for residency on the basis of their "relationship akin to marriage". It became clear (for us) that moving to the UK was our only option for remaining together.

However, in 1997 the requirements for temporary residency were very strict and not attainable for most of us. Couples had to demonstrate that they had been in a relationship "akin to marriage" for a minimum of four years; to prove your that you had to demonstrate "continual cohabitation" at the same address for minimally 3years and 8months of those 4years, joint financial accounts, leases, loans, utility bills etc. But it was a catch-22, because of restrictive immigration policies and the lack of provisions for LGBT people the world round and the scarcity of long term visas --- meeting this requirement was nigh on impossible for the majority of couples applying; nobody could legally sustain that period of physical togetherness. And very, very, very few applications were being approved.

When I moved to the UK, I did so knowing full well I would not be able to submit a successful residency application. I was admitted to the country as a tourist and before my visa expired I submitted an application for residency. The Home Office (IND) was in the midst of the most incredible backlog of visa applications and the average processing "wait time" was 18-24months!!! The advice from leading lawyers in the field was that I should submit my application because Stonewall was lobbying the government to lower the requirements to an attainable level and the lawyers *hoped* that would be achieved by the time my application was processed. And, they reasoned, if it wasn't lowered I would be so near to meeting the requirements that though my application may be denied, I could win my case in appeal (some 24-36months beyond that).

It was a huge gamble. With no guarantees. And now real end in sight.

When I submitted my application, I relinquished my passport to the longest queue in Great Britain, with zero assurance of success. I could not leave the UK without withdrawing my application and I could not work (legally) because I was subject to the restrictions of my original tourist visa which forbids employment.

Those two years were some of the longest and most challenging of my life. I had occasional cash-in-hand jobs, but my partner carried the burden of supporting us financially. During that time, I worked full time as an unpaid volunteer at Stonewall Lobby Group, the largest LGBT lobby group in Europe. I helped to manage the immigration information and support team, we ran an information/helpline, legal referral and advice line and monthly meetings for LGBT bi-national couples and LGBT asylum seekers. I feel deeply honoured to have been witness to so many courageous people's stories, and sometimes legal triumphs. Working at Stonewall saved my sanity and my sense of self-worth during those two years.

And working in the Stonewall office as the proverbial walls came tumbling down and queers were granted rights, piece meal, was simply amazing. I was in the office when the ban on gays in the military was lifted, when gay adoption was approved, when Section 28 was repealed, when the workplace diversity and equality policies were first drafted and adopted by the government...it was truly extraordinary.

And my lawyers were correct, the government did lower the requirements for same-sex immigration from 4-years continued cohabitation to 2-years, which we then squarely met. In the late Spring of 2000, after my Minister of Parliament (MP) intervened, I was returned my passport with the magic stamp and I was granted the right to work. I still remember how completely and utterly dumb with shock I was after I got the call. I didn't even laugh or weep until the next day.

I received my permanent residency in 2002 and I continued to live in London until late 2004, though my relationship ended two years before. Between 2001-2004 I sat on the Board for the immigration group, which by then had separated from Stonewall Lobby Group to become its own entity known now as the UKLGIG, United Kingdom Lesbian and Gay Immigration Group. During that period we spent a lot of time working to secure funding for LGBT asylum projects, an issue that continues to be very important to me.

As others have said, being a part of a bi-national couple is a deeply heart wrenching and unbelievably challenging set of experiences.

Ultimately, the stress of the process and the weight of the constant struggle did alter our relationship in ways that undid us, and (after all we'd been through together) it was incredibly difficult and painful for us to admit it wasn't working anymore. But I don't regret a minute of it!!! We were madly in love and we were willing to sacrifice everything to remain together.

And given the opportunity - I'd not do a thing differently.

I'm very grateful for having had the ability to go through the process; privilege (race, class, age, nationality, education, gender, gender presentation) played no small role in my ability to pursue that course of action. So many couples can't do what I did, for a million real and valid reasons.

The experience provided me with the most poignant and deeply felt understanding of the phrase "the personal is political"

And the cherry on top was that I met some of the most extraordinary human beings in the world because of that journey, and I am so grateful for the ways in which their lives and stories and love - touched and changed mine.
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