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  1. #1
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    Thumbs up New policy guidance on the marriage visa age of 21

    07 November 2011

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

    This case challenged the requirement under paragraph 277 of the Immigration Rules for both 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. Paragraph 277 (along with other paragraphs of the Immigration Rules) was amended on 27 November 2008 to raise the minimum age from 18 to 21.

    The Supreme Court has ruled that, whilst they recognised that the Secretary of State was pursuing a legitimate and rational aim of seeking to address forced marriage, the change to the 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.

    The guidance primarily affects applicants whose applications for entry clearance or leave as a fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner or same-sex partner were refused under paragraphs 277, 289AA, or 295AA of the Immigration Rules solely because they or their sponsor were aged between 18 and 20 and whose application was refused on that basis between 27 November 2008 and October 2011. This applies to applications made within or outside the UK. The guidance sets out how such applicants can apply for a review of the original decision to refuse a visa which might now result in a visa being issued.

    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.

    The new policy guidance explains how applicants affected by the judgment can request a review of an earlier refusal due to the age requirement by 31 May 2012. Further information on how to request a review can be found under the partners and families section, Husband, wife or civil partner, Unmarried or same-sex partner, and Fiance(e) or proposed civil partner categories.

    Source:-
    http://www.ukba.homeoffice.gov.uk/si...riage-visa-age


  2. #2
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    Thanks Joe.

    Does this mean I have to review the overtures from all my partially sighted 18 year-old fans on the dating sites ?


  3. #3
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    Quote Originally Posted by grahamw48 View Post
    Thanks Joe.

    Does this mean I have to review the overtures from all my partially sighted 18 year-old fans on the dating sites ?
    Joe??????

    Age may be having it's effects on your eyes


  4. #4
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    Sorry !

    Put it down to senility.


  5. #5
    Moderator joebloggs's Avatar
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    Quote Originally Posted by Terpe View Post
    Joe??????

    Age may be having it's effects on your eyes
    either that or he's thinking of me alot

    and i wonder how the court case will go concerning the english test, looks like the gov will lose that too, seeing their record on winning cases like this is poor
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  6. #6
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    Quote Originally Posted by joebloggs View Post
    either that or he's thinking of me alot

    and i wonder how the court case will go concerning the english test, looks like the gov will lose that to, seeing their record on winning cases like this is poor
    The English test has become a complete mess anyway.


  7. #7
    Respected Member Sim11UK's Avatar
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    Quote Originally Posted by joebloggs View Post

    and i wonder how the court case will go concerning the english test, looks like the gov will lose that to, seeing their record on winning cases like this is poor
    Can we have a refund then, because it is a complete con.


  8. #8
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    If she can say 'I lub you'...

    that's good enough English for me.


  9. #9
    Moderator Arthur Little's Avatar
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    Quote Originally Posted by joebloggs View Post
    ... concerning the english test, looks like the gov will lose that too ...
    ... let's live in hope!


  10. #10
    Moderator joebloggs's Avatar
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    Quote Originally Posted by grahamw48 View Post
    If she can say 'I lub you'...

    that's good enough English for me.
    or just 'yes' will do

    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  11. #11
    Respected Member ana07cutiepie's Avatar
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    so it means then that age 20 can't get married in UK or get a fiance visa in UK?? or it works in Europe as well. So if yes then means me and my bf can't get married next year as I will be 21 on the October 2012 :(

    Sucks really!!!


  12. #12
    Moderator joebloggs's Avatar
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    Quote Originally Posted by ana07cutiepie View Post
    so it means then that age 20 can't get married in UK or get a fiance visa in UK?? or it works in Europe as well. So if yes then means me and my bf can't get married next year as I will be 21 on the October 2012 :(

    Sucks really!!!
    it was raised to 21 a while ago, but the gov has had to lower it back to 18,

    but in some countires in europe you have to be older, so why its been told to lower it is
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  13. #13
    Respected Member ana07cutiepie's Avatar
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    Quote Originally Posted by joebloggs View Post
    it was raised to 21 a while ago, but the gov has had to lower it back to 18,

    but in some countires in europe you have to be older, so why its been told to lower it is
    should I be worried joebloggs??
    I've been to Austria just recently to meet his family for a tourist visa (schengen visa) and we've been together for 3 yrs.

    Do you think if I will apply for a fiance visa, do you think they won't approve it?? I am really so depressed coz it seems like something is blocking me with my bf to be together. :(


  14. #14
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    It sounds like the new regs will mean that you CAN come here as fiancee or spouse, when they are introduced.


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