Image
Family: Lorraine Marx (left), 56, of Chidham, West Sussex, nursed her partner Ralph Marx (centre), also 56, when he was diagnosed with acute lymphoblastic leukaemia. They have 10-year-old daughter Alexandra (right).
  • Lorraine Marx, 56, nursed husband when he was diagnosed with leukaemia
  • But he was escorted onto a plane and deported against medical advice
  • Home Office ruled Ralph Marx, 56, had become burden on the taxpayer
  • Couple, who have 10-year-old daughter Alexandra, married 13 years ago
  • Mr Marx chose not to apply for residency status when he wed Mrs Marx
  • It meant the engineer could only stay in UK for up to six months at a time
A British mother has been left to bring up her daughter alone after her American husband was kicked out of the country - because he had cancer.

Distraught Lorraine Marx, 56, nursed her husband Ralph Marx, also 56, when he was diagnosed with acute lymphoblastic leukaemia.

But the Home Office ruled he had become a burden on the taxpayer - despite having private health cover - after the NHS billed him £98,000 for the emergency cancer treatment he had received.

Mrs Marx, a former Royal Navy chief petty officer, watched helplessly as against medical advice he was escorted on to a plane and deported.

The couple, from Chidham in West Sussex, who have a ten-year-old daughter, Alexandra, married in 2001 but Mr Marx chose not to apply for residency status. It meant the chemical engineer was allowed to stay in Britain for only six months at a time, but his work for an international company meant he often travelled abroad on business so the limit was not an issue.

But his cancer diagnosis and hospital treatment meant he was at risk of over-staying his visitor status.

Mr Marx surrendered his passport in 2012 and applied for UK residency. However, the Home Office rejected it and ordered he leave Britain immediately. A later application from his new home in Tennessee was also rejected when the Home Office ruled he was at risk of drawing on public funds.

But Mrs Marx claims when her husband was taken into hospital she revealed he had private health coverage but was told that because his life was at risk his treatment would be on the NHS.

She said: 'I pointed out that Ralph wasn't British but they were wonderful, telling me not to worry - as my husband, he was entitled to treatment.'

A judge upheld the family's appeal in January, but the Home Office is contesting the decision and Mr Marx continues to live in America. The case is to be heard tomorrow.

Schoolgirl Alexandra has seen her father only once in the past year.

Mr Marx is currently in remission but has not had access to his medical team since he has been away.

Mrs Marx said: 'I was stunned when the Home Office rejected Ralph's application. We'd tried so hard to be positive, and after Ralph had been so sick it was almost too much to bear.

'To then receive the NHS bill made me feel like someone had thumped me in the stomach.'

The NHS has now dropped its demand for payment.
What Are The UK's Visa Rules?

Partners of British citizens who wish to apply to remain in the country on the basis of their relationship must meet an array of criteria set out by the UK Border Agency.

They must prove that they and their other half are both over 18, that their relationship is 'genuine and subsisting', that any marriage or civil partnership is valid under UK law, and that they intend to live with their partner permanently in the UK.

UKBA also requires proof that would-be British citizens have met their partner in person, that the couple in question are not related in any way that would prevent them marrying under UK law, and that any previous relationship has permanently broken down.

Finally the applicant must show that they meet UKBA's list of 'suitability requirements', along with its English language requirement, and its financial requirement.

This states that any non-national hoping to remain in the country on the grounds that their partner is a British citizen must have an income of at least £18,600.

If the applicant has a child that is not a citizen or settled in the country that they wish to live with them in the country, the minimum income goes up to £22,400. Each additional child requires an additional income of £2,400.

The Home Office says the rules are intended to ensure people coming to Britain to join their spouse or partner do not become a burden on the taxpayer. In the case of Ralph Marx, his application was rejected after they ruled he would indeed be a burden.
Mrs Marx added: 'I just don't know where to go now or what more we can do.

'We've provided every document they've ever asked for and abided by all the rules.

'With all the major issues the Government has to tackle, I can't believe they are working so hard to keep a decent, taxpaying family apart. It can't benefit anyone.

'The only person I've managed to speak to at the Home Office asked why we don't just go and live in America. But this is our home.
Image
Decision: The Home Office (whose offices in Central London are pictured) ruled he had become a burden on the taxpayer and the NHS billed him £98,000 for the cancer treatment he had received.
'I've paid hundreds of thousands of pounds in taxes over the years and never received a penny in benefits. I understand that my husband is not entitled to any support - we've never asked for any.'

Mr Marx said: 'The Home Office is well aware that we are financially stable for the long term.

'I can only pray that I will get to see my family soon. I miss them desperately and hate the pain this is causing my wife and little girl.

'We are not scroungers. We can support ourselves and have done so all of our lives. But we are being treated as criminals.'

A Home Office spokesman said: 'We are appealing the decision because we believe it did not apply the immigration rules correctly.

'Our family rules have been designed to make sure that those coming to the UK to join their spouse or partner will not become a burden on the taxpayer and will be well enough supported to integrate effectively.'
Families Split By Via Rules

Barman Justin Tutt, 29, told last year how he was facing having his two children taken into care 8,500 miles away after being told he was not earning enough to keep them in the UK.

Mr Tutt brought his son Seth, eight and five-year-old daughter Leigh to live in England with him following the sudden death of their mother in their native South Africa.

But despite Mr Tutt holding a British passport and having another son born in the UK, under new immigration rules, Seth and Leigh cannot stay here as they must be living in a family earning at least £22,500 a year.

Ethan James Feltham, 23, of South Wales, served in the armed forces in Afghanistan - but he earns just short of the £18,600 he needs to earn for his Fijian wife to live in Britain.

This is despite him working 60 hours a week as a restaurant chef. UK officials do not believe his wife - whom he met through a military friend - will leave if she comes to stay.