Age Criteria for Spouse of Tier I Visa Holder working in UK

[emuser]

First of all Thanks to all, who were reading and replying me.

My Case -
I am a Tier 1 visa holder currently working in UK.
Recently I am married and my wife was less than 18(actually 1 months less) at the time of our marriage and currently she is 18+ years old.
And in my native country 18+ marriage is legally allowed.

Currently my wife is in my native country and I am want to bring her to UK as my dependent spouse. My Income Proof, fund(i.e 800+533) and accommodation proof are all there with me ready.

My only concern is the age of my wife. I am getting different information from different people. Some saying 18+ is enough and some saying age should be 21+.

What is the correct age limit for applying Dependent Visa for Spouse from foreign country(i.e applying from outside UK)?
If it is 21+ means, is there any other way? Any other acceptable extra proof or some genuine cases etc etc?

Please help me with the answers.
Thanks

[rizwan567]

First of all Thanks to all, who were reading and replying me.

My Case -
I am a Tier 1 visa holder currently working in UK.
Recently I am married and my wife was less than 18(actually 1 months less) at the time of our marriage and currently she is 18+ years old.
And in my native country 18+ marriage is legally allowed.

Currently my wife is in my native country and I am want to bring her to UK as my dependent spouse. My Income Proof, fund(i.e 800+533) and accommodation proof are all there with me ready.

My only concern is the age of my wife. I am getting different information from different people. Some saying 18+ is enough and some saying age should be 21+.

What is the correct age limit for applying Dependent Visa for Spouse from foreign country(i.e applying from outside UK)?
If it is 21+ means, is there any other way? Any other acceptable extra proof or some genuine cases etc etc?

Please help me with the answers.
Thanks

I think you should be alright. 21 year is for settlement visa.

[aruni4470]

First of all Thanks to all, who were reading and replying me.

My Case -
I am a Tier 1 visa holder currently working in UK.
Recently I am married and my wife was less than 18(actually 1 months less) at the time of our marriage and currently she is 18+ years old.
And in my native country 18+ marriage is legally allowed.

Currently my wife is in my native country and I am want to bring her to UK as my dependent spouse. My Income Proof, fund(i.e 800+533) and accommodation proof are all there with me ready.

My only concern is the age of my wife. I am getting different information from different people. Some saying 18+ is enough and some saying age should be 21+.

What is the correct age limit for applying Dependent Visa for Spouse from foreign country(i.e applying from outside UK)?
If it is 21+ means, is there any other way? Any other acceptable extra proof or some genuine cases etc etc?

Please help me with the answers.
Thanks

I am afraid, I think one should be 21 to apply for a dependant visa, unless the rules changed recently.

Partners of relevant points-based system migrants
319AA In paragraphs 319A to 319K and Appendix E' Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 Migrant or a Tier 5 (Temporary Worker) Migrant.
319A. Purpose
This route is for the spouse, civil partner, unmarried or same-sex partner of a Relevant Points Based System Migrant (Partner of a Relevant Points Based System Migrant). Paragraphs 277 to 280 of these Rules apply to spouses or civil partners of Relevant Points Based System Migrant; paragraph 277 of these Rules applies to civil partners of Relevant Points Based System Migrant; and paragraph 295AA of these Rules applies to unmarried and same-sex partners of Relevant Points Based System Migrant

and the paragraph 277 says

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 (or aged under 18 if either party is a serving member of HM Forces) 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.

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/
http://www.ukba.homeoffice.gov.uk/polic ... _partners/

[emuser]

Thanks Rizwan567 and Aruni4470.
But still I am confused only.
I downloaded the PBS(Tier 1) Dependent Guidance form (Page 9) and there it says 18+ is enough.
http://www.ukba.homeoffice.gov.uk/sitec ... dependants

Please help me.
Thanks

[aruni4470]

Thanks Rizwan567 and Aruni4470.
But still I am confused only.
I downloaded the PBS(Tier 1) Dependent Guidance form (Page 9) and there it says 18+ is enough.
http://www.ukba.homeoffice.gov.uk/sitec ... dependants

Please help me.
Thanks

Correct. Two conflicting pieces of information. Can anybody else confirm the correct age requirement?

[uranj]

Hi,

Please refer to following URL. Which is refered by entry clearance officer.. for age verification

http://www.ukvisas.gov.uk/en/ecg/settle ... s#18405338


3.5 will be of your interest....

Hope this helps.

Uranj

[emuser]

Thanks All...

so my understanding is, if the spouse is applying from UK means 18+ is enough.
If the spouse is applying from another country 21+ is required.

Can anyone confirm my understanding

[sid007]

Thanks All...

so my understanding is, if the spouse is applying from UK means 18+ is enough.
If the spouse is applying from another country 21+ is required.

Can anyone confirm my understanding

Dear emuser,
I am also looking for the same information and is confused because i have contacted some of the immigration advisors, 70% oppenion is 21years and 30% advisors say 18+ is fine. Still couldnot find way to come out of it.
If you got any information regarding this issue plz let me know by email. I will be gratefull for this. my id is: [deleted by Moderator]

I have some information that clearly says SPOUSE AGE SHOULD BE 21 OR OVER.

http://www.ukvisas.gov.uk/en/howtoapply ... ralmigrant
You are here: Home > How to apply - A step by step guide > Visa application guidance > Points Based System Tier 1, General Migrant (INF 21)

Guidance - Points Based System Tier 1, General Migrant (INF 21)
Last updated 19 July 2010

Can my dependants join me in the UK?

Your husband, wife, civil partner or eligible partner and children under 18 can join you as your dependants in the UK if:

they have a visa for this purpose and
you can support them without any help from public funds. You need £1,600 for each dependant joining you within 12 months of your arrival in the UK and £533 thereafter.

What do my dependants need to make an application?

They will need to satisfy the conditions set out in Paragraph 319A to 319K and Appendix E of the Immigration Rules which can be found on the UK Border Agency website. They will need to make their application using form VAF10 either online or on paper depending upon the facilities available in the country in which they are applying.


http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/
319A. Purpose
This route is for the spouse, civil partner, unmarried or same-sex partner of a Relevant Points Based System Migrant (Partner of a Relevant Points Based System Migrant). Paragraphs 277 to 280 of these Rules apply to spouses or civil partners of Relevant Points Based System Migrant; paragraph 277 of these Rules applies to civil partners of Relevant Points Based System Migrant; and paragraph 295AA of these Rules applies to unmarried and same-sex partners of Relevant Points Based System Migrant.

http://www.ukba.homeoffice.gov.uk/polic ... _partners/
Spouses and civil partners
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 (or aged under 18 if either party is a serving member of HM Forces) 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.

ACCORDING TO ABOVE STATED LINKS AND STATEMENTS IT SEEMS THAT THERE IS NO CHANCE FOR AGE UNDER 21.

BUT PLEASE DO HELP ME BY FORWARDING ANY INFORMATION THAT COULD GIVE ME A BEAM OF HOPE.

THANKS,
REGARDS
SID

[emuser]

Does anyone has any update on this age criteria for an spouse ?

[avjones]

It's 21.

[vinny]

Wonder if the age concession is still effective?

[emuser]

Thanks Vinny...

I went through the attached topic.... All the Judicial trial mentioned there was wither asylum or related to settlement.

Guess mine would be different from them.

My Case -
Applicant (who is 19yrs & currently outside UK) trying to get a dependent visa as a spouse of a Tier 1 (PBS) migrant for the past 3 yrs living in UK.

My confusion is in the PBS dependent guidance - para 35 (that 77 page pdf file) says it is only 18 yrs.

But if we refer to the general policy and guidance in UKBA site - para 277, it says in-directly 21 yrs...

Still very much confused. Please could someone help.

[emuser]

Does anyone has any update on this.
Really appreciate your time.

[emuser]

Can I request the learned members to please help me ... I am still in a very much confused state.... Many thanks.

[geriatrix]

The policy guidance states the requirement pretty clearly.

Have you tried contacting UKBA / local BHC regarding the issue? What do they have to say?


regards

[sheikhatherali]

Hi emuser,
Have you applied for your wife's visa?

I've exactly the same issue, and I got confused as well.

Details:
I've got Tier 1 in Oct 2010, and got engaged last month, I'm still in my home country have plans to move to UK in March 2011, I'll be marrying in Jan 2011 and after that i want to apply visa for my wife so that she can move along with me, the issue is that she is just 18.5 years old and i'm confused whether to apply or not as it cost a lot.

[abidul_wahab]

I am also applying for my wife visa. I was looking at the blog but was not satisfied.

I have done some research now regarding this issue about wife/husband age.

If someone is a British Citizen or settled in UK (Indefinite leave to remain), then the age requirement for both husband and wife should be 21 +. secondly the new English language requirement should also be satisfied.

If someone is Working in the UK (Tier 1 General visa FLR) or a student , then the age requirement for both husband and wife should be 18 + and no english language requirement for them.

Now please look at the proofs to support my point.
Working in the UK (Tier 1 General visa FLR) or a student
http://www.ukba.homeoffice.gov.uk/worki ... s/#header1

click the 2nd link on top right side of this page (Policy guidance on dependants of points-based system migrants). Now go to page 9 and look at the age requirement which is 18 +

British Citizen or settled in UK (Indefinite leave to remain),

http://www.ukvisas.gov.uk/en/ecg/settle ... s#18405338

click the age requirement link. you will see that for permanent residency the age for both husband and wife should be 21 +.

Please let me know if I am wrong.

[sheikhatherali]

your research is right, but the UKBA website is confusing, it mention some thing at some place and contradict it at some where else.

go to the same link you have provided in your post
http://www.ukba.homeoffice.gov.uk/worki ... s/#header1

Now instead of going to 2nd link on top right side of this page (Policy guidance on dependants of points-based system migrants) go the LAST link on right side "POLICY & LAW --> Immigration rules - part 8" then "Spouses and civil partners" and here you go, starting from the very first line

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 (or aged under 18 if either party is a serving member of HM Forces) 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.

I believe they are very confusing on there website,
thats the reason i was looking for someone who applied for dependent spouse visa at the age below 21.

[abidul_wahab]

Any new News, anyone who applied for spouse visa whose spouse age is under 21?

[abidul_wahab]

277. Rule
People got confussed with this rule for age requirement of spouse of PBS Migrants.

I have studied most of the guidance notes and blogs for the age of dependent (husband/wife) for PBS migrants. My conclusion is that Spouse visa is different from dependent visa.

Spouse Visa is for British citizens and for those who are setteled in the UK (Indefinite leave to remain). All those PBS (point based system) migrants who has restriction on their visa to be finish at some time then the 277 rule will not apply on them (Finite Leave to Remain FLR).

18+ will be the requirement for spouse of PBS migrant(Finite Leave to Remain FLR). Please download any guidance notes for Dependent visa for PBS migrants, you will see 18+ age.

Please correct me if I am wrong.

Regards

Abid