A mother has been told she must leave the country after her request for a visa was rejected - because her British husband of nine years does not earn enough.

American Katy James, 40, and her British husband Dominic, 42, moved back to the UK with their two-year-old daughter Madeleine last year.

But the family face being split up for up to a year after the Home Office rejected her visa application.

American Katy James, 40, and her British husband Dominic, 42, moved back to the UK with their two-year-old daughter Madeleine last year - but the family now face being split up

Under UK law, the British spouse must have available funds equivalent to a minimum gross annual income of £18,600. This rises to £22,400 for families with a child.

The government says the minimum income rule is to prevent unqualified spouses coming to the UK and becoming dependent on the state.

Mr James, a musician, is earning below the threshold and so the family now face being split up.

They are planning to appeal the decision but the process could take up to a year.

Mrs James said: 'We are absolutely devastated and it has left us feeling terrible and rejected - it is completely unfair.

'We are a normal average couple who fell in love. We have been married for nearly ten years, we have a lovely young child, and we want to stay here with our extended family.

'We do not want to go back to America. We have little family support out there, and we desperately want to stay in this country.

'Our lives are on complete hold. I'm not allowed to work, they have even taken my passport away.'

Mr James, a musician, is earning below the minimum threshold and so the family now face being split up

The couple first met online in 2005.

Mr James went to America to spend three months with his girlfriend before the pair married in 2006.

They lived in Edinburgh between 2006 and 2009 after Mrs James obtained a 'spousal visa' but then they returned to Seattle.

Mrs James said: 'It was always intended to be temporary. We had no intention of spending the rest of our lives out there.

'Madeleine was born in 2013 and then in 2014 I had the chance to transfer my job as a project specialist with IT company Cisco from Seattle to Edinburgh.

'A month after the transfer, I was made redundant and under Home Office rules I had to leave the country in 90 days.'

As the family did not want to be separated, the couple and Madeleine returned to Seattle, but they always intended to settle permanently in the UK.

Having had a miserable time in the States, they moved to Eastbourne, in East Sussex [where Mr James was born] in August 2015.

Mr James said: 'It just wasn't working out there so we knew we had to come back. We did not want to be there. Our lives were empty. We never thought the Home Office would reject Katy's application. It is cruel and heartless.'

He added: 'Our life has been on hold since we applied. Their verdict is a great blow to us and will impact the life of our close family, especially my daughter.'

Mr James has now set up an online petition calling on Prime Minister David Cameron to intervene and allow the family to stay together in the UK.

The 42-year-old said: 'My parents, sisters, nephews, and cousins have lived in Eastbourne for 30 years.

'We have a deep connection with the community and have many friends and a well-established life in the town.

Mr James, a musician, is earning below the threshold and so the family now face being split up

'We included 15 letters of support in our application, including personal messages from close friends, our doctor, our daughter's nursery, our parish priest and bank manager.

'Katy has lived and worked in the UK before, never claiming benefits, paying her taxes and living a productive life in the UK.

'Our family wrote the stories of how my grandfathers fought and died in the wars for our country, to secure the freedom of their future generations. But it was all to no avail.

'This is not just my home, it is also the home of my daughter who has a wonderful life here with her grandparents, aunties and uncles, five cousins and her friends at nursery and community in Eastbourne.

'Katy has lived in Britain as my wife twice before, has never claimed benefits, speaks English as her first language and has many friends and close ties with our community and family in Eastbourne.'

He added: 'Our MP Caroline Ansell told my family that the law was never meant for genuinely married people like us.

'My wife has a degree, has an excellent work history and offers so much to this country with her skills and work ethic.

'We are not prepared to spend nearly a year separated, a requirement of the UK Family Immigration Law, while I earn the £18,600 for the six months and the visa processing time that would separate us.

'It is an immoral, brutal, law, which has no place in British life.'

The couple, with MP Caroline Ansell, who has arranged legal advice for them - they have said they will appeal

A Home Office spokesman said: 'All applications are considered on their individual merits and in accordance with the immigration rules.

'This case is ongoing so it would be inappropriate to comment further.'

Caroline Ansell MP told MailOnline: 'Today I had a two-hour meeting with Katy and Dominic. During that time, I was able to arrange some legal advice for them and they have said they will appeal the decision.

'I will now speak to the immigration minister, James Brokenshire, on Monday. He has the discretion to change the decision, and I will be urging him to do so.