UK returns spouse visa age requirement to 18
Added: (Thu Nov 10 2011)
Pressbox (Press Release) -
The UK Border Agency (UKBA) has issued new policy guidance indicating that the minimum age for a spouse UK visa is now 18 following a landmark case in the Supreme Court.
Couples between the ages of 18 and 21 have won the right to eligibility for a spouse UK visa, following a ruling by the Supreme Court in the case of Quila and Bibi v Secretary of State for the Home Department.
The age restriction was raised to 21 in 2008 in an effort to crack down on forced marriages and potential immigration fraud.
However the court ruled that despite its underlying purpose, the exclusion of genuine couples between 18 and 21 signified a contravention of rights.
The Supreme Court’s ruling – which was tabled in Parliament yesterday – is likely to have a significant impact on spouse and marriage visa applications, says UK Visa Bureau spokesperson Marissa Murdock.
“I would anticipate quite a notable increase in the number of settlement applications being lodged both in-country and abroad once this ruling comes in,” Ms Murdock said.
According to the UK Visa Bureau, the decision has been warmly embraced by many applicants from this demographic and will also relieve considerable pressure on the court system.
“The intention to now drop the age back down to its original 18 years is one that will be met with a lot of anticipation and relief,” Ms Murdock said.
“A great many couples abroad, or where one partner is in the UK and the other waiting abroad until both parties are 21, can now apply to be together.
“This would mean reuniting families that may have been separated for some time, and allows young couples wanting to start their lives together to now do so.
“We are also likely to see a significant drop in the number of cases being brought before UK courts where young couples have been fighting for their right to be together without the negative impact of age discrimination.”
The ruling affects not just the age eligibility for a spouse, but also a civil partner, fiancé, proposed civil partner, unmarried partner or same-sex partner.
Applicants who were previously rejected on the basis of age may have the opportunity to review the decision.
The changes will come into effect on November 28 2011.