Spouse Visa under 21

Daniellukas · Post by **Daniellukas** » Wed May 13, 2009 1:50 am

I am 33 year old settled in the U.K. I legally married (in a registered office) to a girl in May 2008 in Eritrea. she was 18 at that time. I have all photos for the marriage cermoney. but I was not able to apply for a marriage visa at that time becouse my income was not sufficient.
At the moment I have good job and sufficient income to maintain her, but since the age limit for a marriage visa have been raise from 18- 21, and my wife is 19 now. I am concerned if this would apply to us, considering that we have got married before 27/11/2008 and can prove that. if it does please advise me what to do, and if there is any way to win an appeal.

djb123 · Post by **djb123** » Wed May 13, 2009 6:03 am

Daniellukas wrote:I am 33 year old settled in the U.K. I legally married (in a registered office) to a girl in May 2008 in Eritrea. she was 18 at that time. I have all photos for the marriage cermoney. but I was not able to apply for a marriage visa at that time becouse my income was not sufficient.
At the moment I have good job and sufficient income to maintain her, but since the age limit for a marriage visa have been raise from 18- 21, and my wife is 19 now. I am concerned if this would apply to us, considering that we have got married before 27/11/2008 and can prove that. if it does please advise me what to do, and if there is any way to win an appeal.

What nationality are you?

Post by **batleykhan** » Wed May 13, 2009 7:46 am

I am concerned if this would apply to us, considering that we have got married before 27/11/2008 and can prove that. if it does please advise me what to do, and if there is any way to win an appeal.

Irrespective of when you got married,the applicant at the time of an application must be 21. Your marriage is legal and will be accepted as genuine if and when she applys, but I am afraid if she applys for a British visa, she has to abide by the 21 and over rule. There is no right appeal against this law.

Daniellukas · Post by **Daniellukas** » Wed May 13, 2009 10:36 pm

What nationality are you?
I am Eritrean bat have refugee status ( ILR)

Daniellukas · Post by **Daniellukas** » Wed May 13, 2009 10:45 pm

Thank you, batleykhan, that was an excellent answer, and I am well satisfied that is the case, but my wife is asking me to direct or show her the part of the law that states the 21 year old rule is applied for the marriage date or the application date to be before 27/11/2008. In other words my wife is arguing if we apply we might get a Marriage Visa becouse we was married befor the change date. Thus could you please paste us some sections of the law if you could find it easily. Many thanks.

I have also read your other messages related to mine and gave me a lot of information.

Post by **batleykhan** » Wed May 13, 2009 11:19 pm

http://www.ukvisas.gov.uk/en/ecg/chapter13/

The answer are in Section 13.4 and 13.5 of the above link.

Whilst you may have got married before 27/11/08, the rules clearly states that the applicant must be 21 and over at the time of making an application. The date of your marriage is irrelevant, if your wife is still under 21 .

She can not apply for a fiance or spouse visa till she reaches that age.

Sorry but that is the law and there is no way round it. There are many people in similar circumstances.They have no choice but to wait.

Hope this helps

Daniellukas · Post by **Daniellukas** » Sat May 16, 2009 12:29 am

Dear, batleykhan, thank you v.much that was a clear information, I will make my wife to understand the case.

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Spouse Visa under 21

Spouse Visa under 21

Re: Spouse Visa under 21

Thank you