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Marriage Visa Age Lowered

The UK Border Agency has issued new guidance following the judgement  in the case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45.

This case challenged the requirement under the Immigration Rules for foreign spouses and their sponsors in the UK to meet a minimum age of 21 before the foreign spouse could be granted a visa to enter or remain as a spouse or partner.

In the recent case mentioned above, the Court ruled that, whilst it was understood that the Secretary of State was pursuing a legitimate and rational aim of seeking to address forced marriages, the change to the rule in 2008 (increasing the minimum marriage visa age from 18 to 21) disproportionately interfered with the Article 8 Human Rights of those who were in genuine marriages.

As a result of this ruling, changes to the Immigration Rules will take effect from today (November 28 2011), to reinstate a minimum age of 18 for a spousecivil partner,fiancé(e)proposed civil partner, unmarried partner or same-sex partner and for their sponsor in order to qualify for immigration purposes.

 

Are you and your spouse/to be under 21 and need UK Immigration advice and assistance?  Do you think you are affected by the recent changes to the law?  Please contact usurgently.  Please note, if your application was earlier refused due to the age requirement, we have until 31 May 2012 to request an immediate review of this decision.

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