A South African woman is fighting for her rights to join her two lovers who are currently in the UK.
Simone Carmen Johnson is part of a polyamorous relationship with two other people.
On February 5, Johnson applied for an Unmarried Partner Visa and her application was declined on June 26, citing eligibility relationship requirements under UK immigration rules.
The refusal raised concerns over discrimination and human rights. While unconventional by traditional UK standards, polygamy is legally recognised in SA, and potentially violates Article 8 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 while the refusal letter stated that the relationship does not meet the eligibility relationship requirement, it failed to adequately consider the legality and validity of polygamous marriages and relationships recognised in South Africa.
“The refusal implies a lack of evidence for a genuine and subsisting relationship. This assessment neglects to consider the unique dynamics of polygamous relationships,” the application read.
UK Immigration and British Nationality Senior Manager at Move Up UK Visa Solutions, Gwen Vermeulen, told IOL that their 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.
She added that the case has drawn support from human rights organisations and LGBTQ+ advocates, who argue that the decision reflects outdated views on family and relationships.
According to Vermeulen, a formal request for reconsideration has been filed, citing legal precedents that support the recognition of foreign marriages and relationships.
"If unsuccessful, an appeal will be lodged with the relevant tribunal," she added.