New policy guidance on marriage visas for under-21s
The UK Border Agency (UKBA) has published new policy guidance for marriage visas after the Supreme Court ruled that a blanket ban on applicants under the age of 21 was unlawful.Following the Supreme Court ruling the Immigration Rules were changed on 7 November 2011 to reinstate the 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 leave to enter or remain in the UK. These rules will come into effect on 28 November 2011.
The Immigration Rules were originally changed to require foreign spouse/partner as well as their sponsors in the UK to be over 21 years old before the spouse/partner could be granted leave to enter or remain in the UK.
However, the Supreme Court ruled in the case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45 that, whilst the intended aim of the rule - which was to seek to address forced marriages - was valid, the rule itself ‘disproportionately interfered’ with the rights of people in genuine marriages and relationships.
Were you affected by the change in age requirement?
Because there has been a period in which applications, which would have otherwise been successful, have been refused the UKBA have published guidance on how to appeal a decision.
The new policy guidance documents explains how applicants affected by the judgement and changes of age limit can request a review of their refusal. However, any review must be requested before 31 May 2012.
If you have been affected by this judgement then you can find detailed information in the following sections of the Partners and Families pages f the UKBA website:
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