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Polyamorous woman fights to join lovers in UK

Publish date: 29 July 2024
Issue Number: 1087
Diary: IBA Legalbrief Africa
Category: Equality

An SA woman is fighting for her right to join her two lovers who are currently in the UK. A Cape Argus report notes that Simone Carmen Johnson is in a polyamorous relationship with Tao Settembrini (formerly known as Rochelle Settembrini) and Larissa Settembrini. On 5 February, Johnson applied for an Unmarried Partner Visa but her application was declined on 26 June, citing eligibility relationship requirements under UK immigration rules. The refusal raised concerns over discrimination and human rights. Unconventional by traditional UK standards, polygamy is legally recognised in SA, but potentially violates article eight of the European Convention on Human Rights, which protects the right to family life, and highlights a clash between UK immigration policy and evolving global norms on family structures and LGBTQ+ rights. In her application to have her UK visa application reconsidered, Johnson said the refusal letter failed to adequately consider the legality and validity of polygamous marriages and relationships recognised in SA. UK Immigration and British Nationality senior manager at Move Up UK Visa Solutions, Gwen Vermeulen, said the refusal not only tears apart a loving family, but also raises troubling questions about the UK’s commitment to human rights and equality. ‘We are urging the UK Home Office to reconsider this decision and recognise the validity of diverse family structures,’ Vermeulen said. A formal request for reconsideration has been filed, citing legal precedents supporting the recognition of foreign marriages and relationships. ‘If unsuccessful, an appeal will be lodged,’ said Vermeulen.

Full Cape Argus report

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