Government announces change of spouse visa age back to 18

[Greenie]

Effective from 28 November 2011

Statement of Changes

[geriatrix]

The changes will take effect on 28 November and will reduce the minimum age at which a person may be granted entry clearance or leave as the spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partner of a sponsor, and the minimum age at which a person may sponsor such an application, from 21 to 18 years.

It will also delete references to a minimum age of 18 for entry clearance or leave as the spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partner of a HM Forces sponsor, and the minimum age at which a member of HM Forces may sponsor such an application.

Guidance for those affected by the judgment will be published on the UK Border Agency website.

[Greenie]

See also Review of age decision

This page explains what you should do if you were refused a spouse/partner visa solely on age grounds.

If you were refused a visa solely on age grounds alone, between 27 November 2008 and October 2011 and you have not since made a successful application, you could have seek a review of that decision

and

New policy guidance on the marriage visa age of 21

[Casa]

Greenie...in the following statement, are the Government saying that from the 28 November the age restriction will again apply at 18? They've simply included HM Forces in the restriction?
Changes to the Immigration Rules have been laid in Parliament today to reinstate a minimum age of 18 for a spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner and for their sponsor in order to qualify for entry clearance, leave to enter, leave to remain or a variation of leave on that basis. These rules will come into effect on 28 November 2011.

[Greenie]

Greenie...in the following statement, are the Government saying that from the 28 November the age restriction will again apply at 18? They've simply included HM Forces in the restriction?
Changes to the Immigration Rules have been laid in Parliament today to reinstate a minimum age of 18 for a spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-gender partner and for their sponsor in order to qualify for entry clearance, leave to enter, leave to remain or a variation of leave on that basis. These rules will come into effect on 28 November 2011.

Hiya - no - I don't think so - they are saying they are reinstating the minimum age limit of 18 for all applications, and thus taking out the reference to HM Forces applications as they will just be treated the same as everyone else.

[Casa]

Sorry I didn't explain it well. That's what I was attempting to say. It's been expected that the HO would amend the regulations to include HM Forces within the 18 restriction as it appears the exclusion was the main reason the HO lost the appeal.

[Greenie]

Sorry I didn't explain it well. That's what I was attempting to say. It's been expected that the HO would amend the regulations to include HM Forces within the 18 restriction as it appears the exclusion was the main reason the HO lost the appeal.

Not sure I completely understand - from what I understand the age limit for all application including HM forces will now be 18. It will be clearer when the statement of changes is announced.

I note that they have helpfully removed the 'review of age decision page' a link to which I posted above.

[Casa]

What I'm attempting to say is that the HO lost the appeal due to the fact that HM Forces were excluded from the age restriction. So they've simply amended the Rules to include them.

[Greenie]

What I'm attempting to say is that the HO lost the appeal due to the fact that HM Forces were excluded from the age restriction. So they've simply amended the Rules to include them.

no - from what they have said they are definitely reducing the limit from 21 to 18. They are not just adding HM forces to the 21 requirement.

[shade00]

On 12 October 2011, the Supreme Court found that whilst they recognised that the Secretary of State was pursuing a legitimate and rational aim of seeking to address forced marriage, a rule (increasing the minimum marriage visa age from 18 to 21) disproportionately interfered with the Article 8 rights of those who were in genuine marriages. Accordingly, the Secretary of State has decided to revert to a minimum age of 18.
The changes will take effect on 28 November and will reduce the minimum age at which a person may be granted entry clearance or leave as the spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partner of a sponsor, and the minimum age at which a person may sponsor such an application, from 21 to 18 years. It will also delete references to a minimum age of 18 for entry clearance or leave as the spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partner of a HM Forces sponsor, and the minimum age at which a member of HM Forces may sponsor such an application. Guidance for those affected by the judgment will be published on the UK Border Agency website.

Explains it all really.

Well thats good news i guess, bit late for me as i have waited 1yr and half due to the age restriction. It will however shave off a couple of months.

[shak1980]

My wife was refused marriage visa because she was under 21 in March 2010, however she was granted 3 years of Discretionary Leave instead.
Now I've just read the policy guidance for applicants affected by the par 277 of rule, UKBA are prepared to review decison of refusals as LONG AS SUCCESSFULL APPLICATION HAS NOT BEEN MADE BY THE APPLICANT.

My wife was refused solely on age grounds however UKBA granted her Discretionary Leave.We didn't apply for Discretionary Leave.Can we still apply for to seek a review of that decision or the fact that she was granted DL, It is considered as a succesfull application.

Looking forward to hearing fro you.

[geriatrix]

shak1980, you should apply for review and request for variation of leave from DLR to LTR as spouse.

[vinny]

Review of spouse cases refused on age alone

[Rucy786]

This is just dumb !

Why change it back now?

!!!!!!!!!!

[vinny]

It would have been unlawful not to change it back from 21 to 18.

[harv]

This is just dumb !

Why change it back now?

!!!!!!!!!!

Seems like you got caught up by this rule when it was in force, so you had to wait for you or partner to turn 21.

However if a rule exists it does not entirely mean its just and right for everyone. So from time to time this rules should be corrected/adjusted to the requirements of the situation.