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Should an unmarried partner be 21 for family reunion

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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stella66
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Should an unmarried partner be 21 for family reunion

Post by stella66 » Tue Mar 10, 2009 4:39 pm

My son who is 23 has been ranted refugee status. He wants to bring his fiancee who is 20 under family reunion as they have been living together before he fled. After reading about visas on the BIA website, there was something about both parties being over 21. Does this also apply to refugees or is it only for spouse's visas. Somebody help please.

batleykhan
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Post by batleykhan » Wed Mar 11, 2009 8:10 am

It all depends what your future intentions are. This sounds like you want to bring your son's fiance to the UK under a visitors visa ( because its much quicker and cheaper) and once she is here, they will probally end up marrying each other and then would be asking for her status to be changed to that of a spouse or partner and apply for the appropiate visa from within the UK.

If these are your intentions, then I am afraid it wont work. Its called cheating the system and its unfair to those honest people who have to wait a long time and pay a lot of money waiting in the queue..

Also if you tried applying for a family reunion visa, I don't think she will succeed, unless she has HER OWN family members in the UK.

If she is coming under a visitors visa of any sort, there is no age limits, but if she comes under fiance/partner/spouse, she has to be over 21.

Making an incorrect application, or not being totally honest about your real intentions now, will lead to major problems in future applications by the person.

Hope this has answered your queury. Please accept my apology if I have misunderstood your intentions

stella66
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Post by stella66 » Wed Mar 11, 2009 8:32 am

batleykhan wrote:It all depends what your future intentions are. This sounds like you want to bring your son's fiance to the UK under a visitors visa ( because its much quicker and cheaper) and once she is here, they will probally end up marrying each other and then would be asking for her status to be changed to that of a spouse or partner and apply for the appropiate visa from within the UK.

If these are your intentions, then I am afraid it wont work. Its called cheating the system and its unfair to those honest people who have to wait a long time and pay a lot of money waiting in the queue..

Also if you tried applying for a family reunion visa, I don't think she will succeed, unless she has HER OWN family members in the UK.

If she is coming under a visitors visa of any sort, there is no age limits, but if she comes under fiance/partner/spouse, she has to be over 21.

Making an incorrect application, or not being totally honest about your real intentions now, will lead to major problems in future applications by the person.

Hope this has answered your queury. Please accept my apology if I have misunderstood your intentions
Yes you have misunderstood me big time. It is quite interesting that you are quick to make assumptions about trying to cheat the system, when l have asked a simple and straight forward questions. If you had bother to read, you would have understood. I am not intending to bring anyone to the UK. My son has been granted refugee status, and he wants to bring his fiancee who is 20, under family reunion. My question was simply, does anyone know if the 21 minimum age applies to refugees. This is because there are certain rules which do not apply to refugees, like proving that you can look after them without recourse to public funds.

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Casa
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Post by Casa » Wed Mar 11, 2009 9:45 am

So you do want to 'bring someone into the UK', but only on a visitor visa?
After the visit, they will then return to their home country?

stella66
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Post by stella66 » Wed Mar 11, 2009 9:56 am

Casa wrote:So you do want to 'bring someone into the UK', but only on a visitor visa?
After the visit, they will then return to their home country?
No l dont want to bring any one into the UK, and not as a visitor either. My son, not me, wants to bring his fiancee, not as a visitor but for settlement as they were living together as married before he came here as a refugee, which the home office has recognised.
Last edited by stella66 on Wed Mar 11, 2009 2:12 pm, edited 1 time in total.

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Casa
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Post by Casa » Wed Mar 11, 2009 10:05 am

May be 'splitting hairs' here in the terminology. Your son wants to bring someone to the UK to settle. In which case they would have to apply for a fiance visa, which won't be possible until they are 21.

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Re: Should an unmarried partner be 21 for family reunion

Post by sakura » Wed Mar 11, 2009 11:11 am

stella66 wrote:My son who is 23 has been ranted refugee status. He wants to bring his fiancee who is 20 under family reunion as they have been living together before he fled. After reading about visas on the BIA website, there was something about both parties being over 21. Does this also apply to refugees or is it only for spouse's visas. Somebody help please.
How long did they live together in your/his country before he came over? How long have they lived apart? This would be important if he wants to apply for an unmarried partner's visa.

I think the age rule applies to all applicants, most likely including refugees. I personally have not seen anything to the contrary.

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Casa
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Post by Casa » Wed Mar 11, 2009 11:18 am

The age restriction also applies to Unmarried Partner Visas.

stella66
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Post by stella66 » Wed Mar 11, 2009 11:58 am

Casa wrote:The age restriction also applies to Unmarried Partner Visas.
We are aware of that, but what we are not sure of is whether it applies to refugees seeking family reunion. Like l said, some rules are applied differently when it comes to refugees, like the ability to support and accommodate without recourse to public fund.
They have lived together for 2.5 years and have been apart for just under 2 months, that is when my son came here.

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Post by thsths » Wed Mar 11, 2009 2:07 pm

stella66 wrote:We are aware of that, but what we are not sure of is whether it applies to refugees seeking family reunion.
You certainly would have a good case under Human Rights. The usually argument brought forward when refusing a spouse visa is that the family could move to the other country, which obviously does not apply in this case. So I guess it is worth applying, although it may not be easy (nothing ever is with the UKBA).

As to the people shouting "unfair" - that is a matter of perspective. Just because everybody is discriminated equally does not make the law fair, imho.

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Casa
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Post by Casa » Wed Mar 11, 2009 2:38 pm

A case brought under Human Rights may well not be heard until well after your son's fiancee reaches the age of 21 if she is already 20.

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Post by batleykhan » Wed Mar 11, 2009 7:51 pm

Yes you have misunderstood me big time. It is quite interesting that you are quick to make assumptions about trying to cheat the system, when l have asked a simple and straight forward questions. If you had bother to read, you would have understood.
I did say in my last paragrapgh, I apologise if I misinterpreted your sons intentions.I have dealt with a number of cases where I have helped people to get the visa they have asked for, only for them to approach me 3 months later and say they now want a diiferent visa so they can stay in the UK without having to return home . This in my opinion is chaeting the system, and I refuse to help them further.

If your sons genuine intentions are to bring his fiance here for a family reunion only ( visitors visa - 6 months max) and that she will return,then there is no age limit to a visitors visa( even if you are a refugee/asylum seeker).

I was also trying to say that if your son's intention were that one his fiance arrives in the UK, and he decided they should get married and settle here, there is a good chance that his fiance application will be refused . If this is his intention then I would advise that he waits till his fiancee reaches 21 and then apply for the fiancee. There is a good chance that if they meet the requirements , the right visa will be issued.

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Post by Casa » Thu Mar 12, 2009 8:39 am

The OP has now made clear that the son doesn't want a Family Reunion
visa for his fiancee to visit, but to settle. I agree, best wait until after she reaches the age of 21 before applying for a fiancee or unmarried partner visa.

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