Spouse Immigration: Pakistan - Age restriction problem

[sh4hb4z]

Hi
Me and my wife wife got married on 03/06/09. I am 22 and she is 20. I am aware she needs to be 21.

She will reach the age of 21 on 04/04/10.

I want her to to apply/submit papers in mid-January 2010 and request the Entry Clearance Officer to grant entry for 05/04/10 when my Wife will be 21 years of age.
Referring to the following two website links shows me that this is possible:

1:
http://www.ukvisas.gov.uk/en/howtoapply ... espartners
It states:

"If you have been granted a visa as a husband, wife, civil partner, or unmarried or same-sex partner, you can ask for your visa to be post-dated for up to three months if you do not plan to travel immediately. On your visa application form you should specify the exact date on which you will be travelling to the UK for the Entry Clearance Officer to note."

2:
http://www.ukba.homeoffice.gov.uk/polic ... _partners/
It states:

"277. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a spouse or civil partner of another if either the applicant or the sponsor will be aged under 21 on the date of arrival in the United Kingdom or (as the case may be) on the date on which the leave to remain or variation of leave would be granted."

Asking the ECO to grant permission for the 05/04/09 would fulfil the above requirement as she will be 21 on the date she proposes to enter the UK and we would request it to be post dated by 3 months or less from January (this being February, March, April making it 3 months max if permission is granted after the 4th of January).

I just want to confirm that this is correct and I can proceed with this application in mid-January without any problems.

Any help or comments will be appreciated.

Thanks

Shahbaz

[batleykhan]

Immigration Rules paragraph 277

An application by a spouse should be refused if:

* The applicant will be aged under 21 on the date of arrival in the UK; or
* The applicant's spouse will be aged under 21 on the date of arrival in the UK.

In cases where the applicant is within a couple of months of their 21st birthday, and the other party is 21 or over, the ECO has discretion to issue entry clearance but valid only from when the person under 21 has reached their 21st birthday.

When an applicant has reached the age of 21 but was married before attaining that age, the ECO will need to consider the question of whether the marriage is valid.

[sh4hb4z]

Thanks for the reply batleykhan

I have no problem in providing documention/proof to show that we got married happily.

I can get pictures, videos, letters, etc. It was a love marriage as it was my and her choice. I can state this in my letter and she can state this in hers. We got parents permission etc.

As well as this all other areas of immigration rules are covered such as employment, housing and our intentions. I am a graduate, I do work full time and earn a steady income. I have financial support from parents ofcourse. Accomodation is no problem.

Our Nikkah is done, we are planning to do the Rukhsati here in the UK, this will also be outlined to the ECO.

Basically, I am confident that I can satisfy the ECO. But my only problem is that when to apply.

Taking the statements I posted and information you provided, it shows me that it is possible to apply on around about the 10th, making 10th of April 3 months away, which the rules say the ECO can post date the clearance on request. This is also present in the form where it states which date you are planning to go to the uk.

Your information, paragraph 277, shows that a person is not entitled entry unless 21 on the day he/she enters or the entry clearance given. She clearly will be on the date we request the clearance to be posted dated to and for her to travel on - the 05/04/10.

This is what I want to make sure I have correct that I can apply in mid-January next year without any problems.

[desperate_wife]

hello sh4hb4z

I have financial support from parents ofcourse.

Dont ever mention this in ur wifes visa application....YOU ALONE MUST BE THE SOLE SPONSER....thats what the ECO would like to see.

Our Nikkah is done, we are planning to do the Rukhsati here in the UK, this will also be outlined to the ECO.

You dont need to mention Rukhsati separately in ur wifes visa application. The ECO only understands 'MARRIAGE'....and ur nikkah namma proves that. Do what ever function u want with ur wifey in UK privately.

Finally...be prepared for MAX 24 weeks which are 120 working days waiting time....so if ur wife applies in Jan...then set rukhsati target in July.

PEACE!

D_W