UK Marriage rules for under 21s

[Mick590]

Hi all,

Sorry if this is a repeat post.

My son is 18 & has an American girlfriend.
She is pregnant & wants to join him here in the UK to have their baby.
They want to marry in the future, maybe a year or so.

All the sites mention over 21s only!

Any advice?

Mick

[Casa]

Unfortunately your son's girlfriend will be unable to apply for a fiance or spouse visa to join him in the UK until she reaches the age of 21.
This applies to both her and your son.,,they both have to be 21 or over.
If she applies for a 6 month visitor visa and has the baby in the UK she would have to pay full costs for the birth and related pre-natal treatment.
When applying for the visitor visa she would have to submit strong evidence that she has a reason to return to the US...employment...property, study etc. This may be difficult in the circumstances. I would not advise her to attempt to enter visa-free as she may well be questioned at UK Immigration and returned to the US if they don't believe she is a genuine 6 months visitor/tourist.
By the way...even with the relatively new age restriction, there isn't a visa (as his girlfriend) which would allow her to enter and stay for 1 year while they were 'considering' marriage.

[Mick590]

Unfortunately your son's girlfriend will be unable to apply for a fiance or spouse visa to join him in the UK until she reaches the age of 21.
This applies to both her and your son.,,they both have to be 21 or over.
If she applies for a 6 month visitor visa and has the baby in the UK she would have to pay full costs for the birth and related pre-natal treatment.
When applying for the visitor visa she would have to submit strong evidence that she has a reason to return to the US...employment...property, study etc. This may be difficult in the circumstances. I would not advise her to attempt to enter visa-free as she may well be questioned at UK Immigration and returned to the US if they don't believe she is a genuine 6 months visitor/tourist.
By the way...even with the relatively new age restriction, there isn't a visa (as his girlfriend) which would allow her to enter and stay for 1 year while they were 'considering' marriage.

Thanks, can she simply visit on the visitor visa after she has the baby?
also, will she be able to continue to visit on 6 months visas as long as she keeps returning to the US?

[Wanderer]

Unfortunately your son's girlfriend will be unable to apply for a fiance or spouse visa to join him in the UK until she reaches the age of 21.
This applies to both her and your son.,,they both have to be 21 or over.
If she applies for a 6 month visitor visa and has the baby in the UK she would have to pay full costs for the birth and related pre-natal treatment.
When applying for the visitor visa she would have to submit strong evidence that she has a reason to return to the US...employment...property, study etc. This may be difficult in the circumstances. I would not advise her to attempt to enter visa-free as she may well be questioned at UK Immigration and returned to the US if they don't believe she is a genuine 6 months visitor/tourist.
By the way...even with the relatively new age restriction, there isn't a visa (as his girlfriend) which would allow her to enter and stay for 1 year while they were 'considering' marriage.

Thanks, can she simply visit on the visitor visa after she has the baby?
also, will she be able to continue to visit on 6 months visas as long as she keeps returning to the US?

Six months in every 12 is the rule.

And re Casa's point about geniune visitor, if they question and detain her makes the visa in the future extra hard.

[Mick590]

Unfortunately your son's girlfriend will be unable to apply for a fiance or spouse visa to join him in the UK until she reaches the age of 21.
This applies to both her and your son.,,they both have to be 21 or over.
If she applies for a 6 month visitor visa and has the baby in the UK she would have to pay full costs for the birth and related pre-natal treatment.
When applying for the visitor visa she would have to submit strong evidence that she has a reason to return to the US...employment...property, study etc. This may be difficult in the circumstances. I would not advise her to attempt to enter visa-free as she may well be questioned at UK Immigration and returned to the US if they don't believe she is a genuine 6 months visitor/tourist.
By the way...even with the relatively new age restriction, there isn't a visa (as his girlfriend) which would allow her to enter and stay for 1 year while they were 'considering' marriage.

Thanks, can she simply visit on the visitor visa after she has the baby?
also, will she be able to continue to visit on 6 months visas as long as she keeps returning to the US?

Six months in every 12 is the rule.

And re Casa's point about geniune visitor, if they question and detain her makes the visa in the future extra hard.

So basically they are screwed for being under 21?
What if they marry in the US?
Are there appeals regarding the age?

If they marry & she returns to the US inside the 6 months visitor visa, can she then return more often as they are married?

[Wanderer]

1. Yes

2. Makes no difference unless they live in USA

3. No

4. No - if they marry she'd be almost certainly denied entry to UK the assumption being that with a husband in the UK she'd not return - makes thigs worse in fact and doesn't entitle her to any special treatment as a spouse.

The only way is to wait, or maybe she can get a student visa here maybe via BUNAC or they can both live in the EU and return to UK after six months uner surinder singh ruling. Search the site for that - it's been gone over dozens of times here.

[Mick590]

1. Yes

2. Makes no difference unless they live in USA

3. No

4. No - if they marry she'd be almost certainly denied entry to UK the assumption being that with a husband in the UK she'd not return - makes thigs worse in fact and doesn't entitle her to any special treatment as a spouse.

The only way is to wait, or maybe she can get a student visa here maybe via BUNAC or they can both live in the EU and return to UK after six months uner surinder singh ruling. Search the site for that - it's been gone over dozens of times here.

Thanks all,

Problem is, he's in training with the Royal Navy now. So living oversees is a non starter.
Even if she came here as a student, there would be massive fees no doubt! I'll look into it though.

Seems so unfair that they can't simply marry, get legally registered & pay tax. Seems hiding under a lorry gets you more rights than trying the correct channels!

[Wanderer]

Does she have any European/Commonwealth heritage? Or does ur son have any, like an Irish grandparent?

[Mick590]

Does she have any European/Commonwealth heritage? Or does ur son have any, like an Irish grandparent?

My father, his grandad is from Northern Ireland

Not sure about her family tree, but will check. Any particular avenues to explore?

[Wanderer]

Does she have any European/Commonwealth heritage? Or does ur son have any, like an Irish grandparent?

My father, his grandad is from Northern Ireland

Not sure about her family tree, but will check. Any particular avenues to explore?

Sorted! He can apply for an Irish passport and she can enter the UK as his Family Member after they marry!

It's all free too! Northern Irish people are counted as Irish too for the purposes of Irish nationality.

U'll need to collect a fair bit of paperwork, birth, marriage and death certs for the tree - google Foreign Births Register Ireland and thank me profusely.

[Mick590]

Does she have any European/Commonwealth heritage? Or does ur son have any, like an Irish grandparent?

My father, his grandad is from Northern Ireland

Not sure about her family tree, but will check. Any particular avenues to explore?

Sorted! He can apply for an Irish passport and she can enter the UK as his Family Member after they marry!

It's all free too! Northern Irish people are counted as Irish too for the purposes of Irish nationality.

U'll need to collect a fair bit of paperwork, birth, marriage and death certs for the tree - google Foreign Births Register Ireland and thank me profusely.

The Minister for Justice, Equality and Law Reform is responsible for determining entitlement to citizenship in accordance with the Irish Nationality and Citizenship Acts, 1956 to 2004.

Every person born on the island of Ireland before 1 January, 2005 is entitled to be an Irish citizen.

The citizenship of a person born on the island of Ireland on or after 1 January, 2005 depends on the citizenship of the person's parents at the time of the person's birth or the residency history of one of the parents prior to the birth. An information notice explaining the changes that have taken effect since 01 January 2005 is available from the website of the Department of Justice, Equality and Law Reform.

"Under the Irish Nationality and Citizenship Acts, 1956 to 2004, a person who was born outside Ireland is automatically an Irish citizen by descent if one of that person's parents was an Irish citizen who was born in Ireland."

Certainly Irish LOL
So this means my father who was born in Northern Ireland can become an Irish citizen & dy descent, my son can apply for an Irish passport/citizenship?

Thanks again!

Mick

[Wanderer]

No need - u son can apply alone.

[Mick590]

No need - u son can apply alone.

Cheers mate, I'm trying my best to help them.

Keep an eye on this thread please, I'm sure I'll be back for more Qs

"Top of the morning to ya"

Mick

[hopeless2009]

1. Yes

2. Makes no difference unless they live in USA

3. No

4. No - if they marry she'd be almost certainly denied entry to UK the assumption being that with a husband in the UK she'd not return - makes thigs worse in fact and doesn't entitle her to any special treatment as a spouse.

The only way is to wait, or maybe she can get a student visa here maybe via BUNAC or they can both live in the EU and return to UK after six months uner surinder singh ruling. Search the site for that - it's been gone over dozens of times here.

Thanks all,

Problem is, he's in training with the Royal Navy now. So living oversees is a non starter.
Even if she came here as a student, there would be massive fees no doubt! I'll look into it though.

Seems so unfair that they can't simply marry, get legally registered & pay tax. Seems hiding under a lorry gets you more rights than trying the correct channels!

If your son is with the royal navy then I would suggest you have a look at this recent change where the govt will allow the spouse of someone who is under 21 and in the army to apply for a spouse visa following marriage.

http://www.bia.homeoffice.gov.uk/siteco ... -t2-and-ir

[mochyn]

As from the 6th April those who are serving in the Armed Forces are allowed to apply for spousal visa at the age of 18

[Mick590]

As from the 6th April those who are serving in the Armed Forces are allowed to apply for spousal visa at the age of 18

Thanks lads/lasses!
It looks like this will help a great deal!

Glad I found this site.

Mick

[Obie]

Deleted. Changes to the rules already brought to OP's attention.

[mochyn]

As from the 6th April those who are serving in the Armed Forces are allowed to apply for spousal visa at the age of 18

Thanks lads/lasses!
It looks like this will help a great deal!

Glad I found this site.

Mick

It would be useful if you could update us with the process as then we can pass on the knowledge to those who may find themselves in the same situation in the future

Catch me one of them little leprechaun fellas

[doesnotcompute]

Two things to note about claiming Irish citizenship & an Irish passport:

1. currently there is a backlog in the Irish Passport Office in London and industrial action in the Dept of Foreign Affairs in Ireland (where the Irish passports are produced for Irish missions around the world). This will mean delays in the processing of a passport application. FBR applications made via the Irish Embassy in London are also taking at least 3 months to process. If time is a factor, you might want to take note of this.

2. If your son is in the Royal Navy, would there be issues around him acquiring the citizenship of another country? I know that jobs in security services, eg MI6 require that you only have British citizenship. Not sure about the Royal Navy though.

Finally, as discussed before, if your son's girlfriends has any european citizenship or passport, she would be free to move to the UK without immigration restrictions. Although this route might free her from immigration controls, I'm still not sure if EEA nationals can marry British citizens in the UK if they are under 21?