South African Expat Ordered to Leave UK ‘Dream Life’ Because Not Earning Enough

A visibly distressed South African woman, Gail Freathy, has been ordered to leave the UK after her and her husband Paul’s personal income did not show they were earning enough. In fact the couple was earning a lot more than the minimum requirement of £18,600 for those on a spousal visa, but they had chosen to reinvest the money back into their thriving business, rather than pay themselves personally.

Gail broke down as she told BBC Devon that she can’t believe she has to leave the “dream life” she has built up.

Paul (58), who was born in Britain, and Gail (50) moved to Devon in 2013 after (in the words of The Daily Mail) “fleeing violence in Gail’s native South Africa”. Gail told the DM “we had a couple of nasty incidents in Johannesburg” which included having their house robbed by five armed gunman, being hijacked in her car with her daughter, and experiencing car thefts and muggings.

“We didn’t want to live like that,” she said.

After moving to Torquay, the couple immersed themselves in the community, even setting up a website to help promote local businesses. Neighbours and friends in the area have rallied to support them and point out the valuable contribution they have made to the area.

The Freathy’s business – Photo Matters – made a £55,000 profit last year, which they thought – because they owned the business – would count towards the minimum required for the spousal visa. Had they paid themselves personally from the profits, Gail would be fine and have adhered to the visa requirements.

Paul says because they bought the business and changed the status of their income, they had to change Gail’s visa from earnings-based to a family visa… but unfortunately it was refused.

Gail’s passport has been seized by the Home Office (meaning she was unable to attend her own daughter’s wedding back in SA) and she has been ordered to leave the UK within 20 days. It may take up to a year before she can return. She is devastated. She has a rescue dog who at 13 is too old to travel but that she can’t bear to leave behind; and in 13 years of marriage, she has never spent more than a couple of days apart from Paul.

Paul told the DM: “‘We are destroyed, ruined. We have invested out life savings over here. Our pets are too old to make the flight back to South Africa where I am not welcome anyway as I am British. We pay our taxes and National Insurance contributions. We serve the community, we are loved and love back.”

Gail told the BBC she felt “paralysed” by the turn of events. “All I could think about was… how to pack up this life, this life that’s been a dream…”

She is still hoping that letters she has written to settle her affairs and postpone deportation will make a difference.

According to Gail, “if we had £62,000 in our account for the last six months and showed we are no burden on the State, I could stay. We don’t claim any benefits. Paul had type 1 and 2 diabetes and I help him with that, it is another reason not to be apart…”

Paul has started a petition at Photo Matters for locals to sign, and asks anyone else to please email the Prime Minister through this form. Failing that the couple will sell their small business, probably at a loss for a quick sale, and reluctantly move back with their elderly pets to SA as they cannot be apart.

Paul has thanked everyone for their support. “We love being here so much, it hurts to think of leaving,” he says.

The requirements for the visa that Gail Freathy was on are as follows (screenshot from Gov.uk):