Marriage visa for under 21?

[ilkin]

I need some advice on what is the best way forward for me and my partner. I am British citizen whereas she isnt. We are looking to get married. I am 24 and she is 19 however, the UK law states that she must be at least the age of 21 in order to apply for spouse/marriage visa.

What is the way around this? I mean, I can understand this is to prevent forced marriages, however, this discriminates those who are marrying out of choice.

If we were to appeal this decision and apply through the courts, what is the likely chance of us obtaining a marriage visa?

Your advice would be much appreciated.

[ElenaW]

I need some advice on what is the best way forward for me and my partner. I am British citizen whereas she isnt. We are looking to get married. I am 24 and she is 19 however, the UK law states that she must be at least the age of 21 in order to apply for spouse/marriage visa.

What is the way around this? I mean, I can understand this is to prevent forced marriages, however, this discriminates those who are marrying out of choice.

If we were to appeal this decision and apply through the courts, what is the likely chance of us obtaining a marriage visa?

Your advice would be much appreciated.

Sorry, no way around it.

Several options that you probably won't like.

1) wait it out
2) move to your gf's country perm or temp.
3) Excercise your eu treaty rights then apply under eu law in which you don't have to be 21.

By the way, there was a couple that appealed against it. The judge basically ruled that they can live elsewhere and their human rights were not being breached.

Edit to add: your gf can apply for a student visa if she's got the funds (she can use loans) and if she wants to be a uni student.

[wa51mmm]

well there is a way around it

[Wanderer]

But that would only give them six months, they'd have to marry and she'd have to go home until she's 21 and thereby waste the 600 quid or so fiancée visa fee.

Islamic marriage won't help.

[vinny]

you can apply for her settlement visa through being a fiance instead of spouse or wife realation ship.

the fiance visa is help ful you dont need to get married she can be your fiance and you be her boy friend etc.

then the age limit of 21 will not apply.


the law says that you cannot get married until you are at the age of 21, however the law does not say that you cannot become fiance before the age of 21....

Unfortunately, 21 age limit is also applicable to Fiance(e)s and proposed civil partners.

See also Marriage visa age raised to prevent forced marriages.

[mochyn]

I need some advice on what is the best way forward for me and my partner. I am British citizen whereas she isnt. We are looking to get married. I am 24 and she is 19 however, the UK law states that she must be at least the age of 21 in order to apply for spouse/marriage visa.

What is the way around this? I mean, I can understand this is to prevent forced marriages, however, this discriminates those who are marrying out of choice.

If we were to appeal this decision and apply through the courts, what is the likely chance of us obtaining a marriage visa?

Your advice would be much appreciated.

Sorry, no way around it.

Several options that you probably won't like.

1) wait it out
2) move to your gf's country perm or temp.
3) Excercise your eu treaty rights then apply under eu law in which you don't have to be 21.

By the way, there was a couple that appealed against it. The judge basically ruled that they can live elsewhere and their human rights were not being breached.

Edit to add: your gf can apply for a student visa if she's got the funds (she can use loans) and if she wants to be a uni student.

Agreed although you can marry under the age of 21 and get spousal visa if you are a member of the armed forces(age limit is 18 in this case)

[mochyn]

So join the Army and you can be together but you might get posted to Afhanistan!

[ilkin]

Ok this thing about the eu rights? what is it about and what does it involve? will it mean that she will be able to join me in the UK even though she is under 21?

many thanks[/quote]

[Wanderer]

Ok this thing about the eu rights? what is it about and what does it involve? will it mean that she will be able to join me in the UK even though she is under 21?

many thanks

[/quote]

Search the forum, 'surinder singh' - I thing we've explained it a dozen times already!

[ElenaW]

Ok this thing about the eu rights? what is it about and what does it involve? will it mean that she will be able to join me in the UK even though she is under 21?

many thanks

[/quote]

Like wanderer said, do some research.
Yes it will mean that she can join you in the uk before she turns 21.

[mochyn]

Basically you live and work in another EU country eg France for 6 months then apply to come to UK together

[vinny]

I am a British citizen. Can my family members apply for an EEA family permit to join me in the UK?
EUN2.14 Can family members of British citizens qualify for an EEA family permit? ('Surinder Singh' cases)
9. Family members of United Kingdom nationals