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Thread: minium age for spouse visa will by 21 from 27/11/08

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    Moderator joebloggs's Avatar
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    minium age for spouse visa will by 21 from 27/11/08

    at last the gov has announced from the 27th of Nov 2008, both parties must be at least 21yrs old to apply for a spouse visa..

    http://www.bia.homeoffice.gov.uk/sit...evisaagetorise


  2. #2
    Respected Member benb's Avatar
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    hmm...what happens if its marriage due to pregnancy or if a child is already born? Does the EU allow this rule - i.e. prevent a family to be together until they are 21?


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    andypaul's Avatar
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    Quote Originally Posted by benb View Post
    hmm...what happens if its marriage due to pregnancy or if a child is already born? Does the EU allow this rule - i.e. prevent a family to be together until they are 21?
    You could be right and then how many ill thought and ill prepapred for pregnancies will be had to get round it

    I agree with idea in principle as both partners need to be mature enough to make a decision and deal with all involved.

    Just hope they thought though all the dodges first.


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    Moderator joebloggs's Avatar
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    Quote Originally Posted by benb View Post
    hmm...what happens if its marriage due to pregnancy or if a child is already born? Does the EU allow this rule - i.e. prevent a family to be together until they are 21?
    i think you're suppose to tell the gov of your intention to marry b4 u marry aboard, but i take it they cannot stop you getting married, but you will not get a spouse visa until your 21 thou.


    as for EU, i don't think it will effect Europeans in the uk as always, i think they can still get their family permit, as they're applying under euro law, unlike the ripped off brit who has to apply under british immigration rules..

    i'm really with how the Brit is being ripped off and discriminated against by it's own gov.maybe i'll email my euro mp and ask them


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    QUOTE UK GOV:- Raising the age is just one part of the Government's work to crackdown on forced marriage and on those who attempt to abuse the marriage visa
    route.

    As Meldrum might have said, I do not believe it ! Will the next Gov next move to reduce teenage murders be to bring in a curfew that people under 12 will not be allowed out after 8 pm, or to reduce traffic congestion to ban all red and blue cars from the road for several days a month.

    If the Gov wanna stop forced marriages and abuse of the system why don't they tackle that proeblem not create another.


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    Respected Member benb's Avatar
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    Question

    Quote Originally Posted by johncar54 View Post
    If the Gov wanna stop forced marriages and abuse of the system why don't they tackle that proeblem not create another.
    I've heard forced marriages in India, Pakistan etc. But wondering if there is really forced marriages in the Philippines?


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    andypaul's Avatar
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    Quote Originally Posted by benb View Post
    I've heard forced marriages in India, Pakistan etc. But wondering if there is really forced marriages in the Philippines?
    There are forced, pressured Marriages and unions everywhere.

    Its not just the forcing into marriage i guess the Goverment were trying to avoid. As that can happen abroad not much they can do.

    Also the moving of people into a unfamilar surroundings. Ask many of the people on here who have moved to the UK or other western countries. Even those that move to phill. Its a very tough and complicated situation.

    This is why Websites like this must be vital to stop making those that move feel isolated, lonely and sufferiing from a lack of knowledge on their new life.
    A loving spouse can only do so much.


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    Moderator joebloggs's Avatar
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    Quote Originally Posted by johncar54 View Post
    QUOTE UK GOV:- Raising the age is just one part of the Government's work to crackdown on forced marriage and on those who attempt to abuse the marriage visa
    route.

    As Meldrum might have said, I do not believe it ! Will the next Gov next move to reduce teenage murders be to bring in a curfew that people under 12 will not be allowed out after 8 pm, or to reduce traffic congestion to ban all red and blue cars from the road for several days a month.

    If the Gov wanna stop forced marriages and abuse of the system why don't they tackle that proeblem not create another.
    i think you will find John that these changes are because of women's help groups/refuges have asked the gov to do something, because a large number of women who asked for help, were very young and forced into marriage.

    its easily solved, no on is above the law, when they apply for a visa, they should provide proof of a relationship just like us Brits have to, and not just meet each other on their wedding day, if they did meet on their wedding day and have no proof of a relationship before that, then they cannot get a visa until they provide evidence of a relationship after they have been married say x number of months..


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    Quote Originally Posted by joebloggs View Post
    i think you will find John that these changes are because of women's help groups/refuges have asked the gov to do something, because a large number of women who asked for help, were very young and forced into marriage.

    its easily solved, no on is above the law, when they apply for a visa, they should provide proof of a relationship just like us Brits have to, and not just meet each other on their wedding day, if they did meet on their wedding day and have no proof of a relationship before that, then they cannot get a visa until they provide evidence of a relationship after they have been married say x number of months..

    I find some cultural customs appalling....

    http://news.bbc.co.uk/1/hi/world/mid...st/7711554.stm

    It is a well known fact that some school age girls are shipped off to the middle east for forced marriages.

    How can you put a stop to that so that the paedophile husbands don't get a visa to the UK after a while...???

    Maybe banning the girls, from particular faiths, under a certain age, traveling abroad...???



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    Respected Member socool007's Avatar
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    Age 21

    My wife is 20, we put in for visa on the 29th oct can it be refused because of her age .


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    Might the visa will come when she's 21 already,because of 3 months waiting (kidding)
    on a serious part , Then should be the UKVAC turned it down on the first place and told her "lets wait till u turn 21"

    Ohh no,its unfair i don't think so ..


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    Administrator KeithD's Avatar
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    Quote Originally Posted by socool007 View Post
    My wife is 20, we put in for visa on the 29th oct can it be refused because of her age .
    I very much doubt it is retrospective, as the governmanet statement is 'FROM'

    "...the gov has announced from the 27th of Nov 2008...."
    Keith - Administrator


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    Respected Member marylen's Avatar
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    just to inform. i have a friend whose in doubt to apply for a spouse for some kind of age matter as shes only 18, had a baby and just been married recently but the couple been together since she was 16, so its been a long time till they able to come up into the last end.
    She emailed the embassy to clarrify and to let them know about her situation which of course she couldn't afford to wait in 3yrs more until she reach 21. well.......all the confusions fade out when the supervisor of the embassy replied that it was okay for her to apply and shes qualified to do so though shes only 18 , that age raise is only for a fiancee whom plan to get married in uk and that shes not allow if the girl is at age 18-20. (embassy said). yeah with no doubt she applied and hand over her application last Nov.24 with no problem.


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    Respected Member marylen's Avatar
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    i will try to ask my friend to post the messages she got from the embassy to clarrify those kind of.....


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    Moderator joebloggs's Avatar
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    Quote Originally Posted by marylen View Post
    that age raise is only for a fiancee whom plan to get married in uk and that shes not allow if the girl is at age 18-20. (embassy said). yeah with no doubt she applied and hand over her application last Nov.24 with no problem.

    no problem yet, probably her app has not been looked at yet

    i think that's wrong..

    immigration rules state ..

    Statement of Changes in Immigration Rules HC 1113 - November 2008 wrote:

    6.33 In order to ensure, as far as possible, consistency in the way that that spouses, fiancé(e)s, civil partners, proposed civil partners, unmarried and same-gender partners are treated under the Immigration Rules, the raising of the age from 18 to 21 has been applied to civil partners, proposed civil partners, unmarried and same-gender partners as well as to spouses and fiancé(e)s.


    as they applied on Nov 24th, im not even sure that will get them a visa, because it could be weeks b4 the apps even looked at..

    but i hope she gets it, because like you said, who wants to wait for 3 years

    thou i think these rules don't apply to Europeans in the uk, how the gov get away with it


  16. #16
    Moderator joebloggs's Avatar
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    sorry found the link ..

    http://www.ukvisas.gov.uk/en/ecg/cha...20twenty%20one


    The Immigration Rules do not allow any person to be granted an entry clearance as the spouse or civil partner of another if the applicant will be aged under 21 on the date of arrival in the United Kingdom. Any entry clearance application from a spouse/civil partner (i.e. a married person or a person in a civil partnership who would be under the age of 21 years when entering the UK) should, therefore, be refused. An applicant who is over the age of 21 but married to/in a civil partnership with a person who is under 21 should likewise be refused entry clearance.

    In cases where the applicant is within a couple of months of his or her twenty first birthday, and the other party is 21 or over, you have discretion to issue entry clearance but it can only be valid from when the person under 21 has reached his/her twenty first birthday.


    this doesn't sound good for your friend, but maybe they will allow it because of the date she applied, but from what it says above she will be refused.. because she will not be 21 when she arrives in the uk


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    Administrator KeithD's Avatar
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    Even if she can't do it yet, she hasn't got long to wiat, some of us had to wait years......
    Keith - Administrator


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    Respected Member Ann07's Avatar
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    Quote Originally Posted by socool007 View Post
    My wife is 20, we put in for visa on the 29th oct can it be refused because of her age .
    A friend of mine applied for a spousal visa last nov 20. She is only 18, i told her beforehand to call the embassy before she will apply for her visa. And they made it clear thru email that it will not affect her visa application. Which made her and her husband so pleased with that news.

    Hope that helps


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    Moderator joebloggs's Avatar
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    Quote Originally Posted by Ann07 View Post
    A friend of mine applied for a spousal visa last nov 20. She is only 18, i told her beforehand to call the embassy before she will apply for her visa. And they made it clear thru email that it will not affect her visa application. Which made her and her husband so pleased with that news.

    Hope that helps
    you can apply for it, they will take your money, but the only thing what would worry me, is that their visa app has not been looked at by case worker yet, and seeing the wait for a settlement visa app is around 10wks, i hope they don't get a refusal then and if they do get a settlement visa will they be refused entry by the immigration officer at the airport if he checks thier age then ??

    something those under 21 should be looking into this, checking with the embassy, ukba, etc


  20. #20
    Respected Member Ann07's Avatar
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    Quote Originally Posted by joebloggs View Post
    you can apply for it, they will take your money, but the only thing what would worry me, is that their visa app has not been looked at by case worker yet, and seeing the wait for a settlement visa app is around 10wks, i hope they don't get a refusal then and if they do get a settlement visa will they be refused entry by the immigration officer at the airport if he checks thier age then ??

    something those under 21 should be looking into this, checking with the embassy, ukba, etc
    Hope they wont get a refusal joe.
    As marylen said they received a letter from the emabassy that its ok for them to apply. Thats what they are holding right now as a proof from the embassy.And that give them the peace of mind before paying coz they know its really expensive to apply.

    Lets just hope she will be ok.


  21. #21
    Moderator joebloggs's Avatar
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    who they spoke to at the embassy will probably not be the person who will be deciding wether they will be granted a visa or not, its pretty clear from the links i've posted they should not be, becuase (Any entry clearance application from a spouse/civil partner (i.e. a married person or a person in a civil partnership who would be under the age of 21 years when entering the UK) should, therefore, be refused. )

    but their only hope is , when new rules come in they usually have a "grey period" where applications received before that date go through under the old rules.

    if the marriage certificate is dated before Nov 27th and the application was received before Nov 27th then maybe they will be ok , we will know in a couple of months when they get the result, so keep us posted pls


  22. #22
    Respected Member Ann07's Avatar
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    Quote Originally Posted by joebloggs View Post
    who they spoke to at the embassy will probably not be the person who will be deciding wether they will be granted a visa or not, its pretty clear from the links i've posted they should not be, becuase (Any entry clearance application from a spouse/civil partner (i.e. a married person or a person in a civil partnership who would be under the age of 21 years when entering the UK) should, therefore, be refused. )

    but their only hope is , when new rules come in they usually have a "grey period" where applications received before that date go through under the old rules.

    if the marriage certificate is dated before Nov 27th and the application was received before Nov 27th then maybe they will be ok , we will know in a couple of months when they get the result, so keep us posted pls
    She actually sent me the emails thru ym , i will ask her again to send it to me thru my email. I am so concern about her thats why keep telling her to get in touch with the embassy before making any application.

    Yup the MC dated before nov 27 and sent their visa application before nov 27 too joe.

    Surely will keep you posted joe and everybody here. I asked her again a while ago about her visa she said still waiting.


  23. #23
    Moderator joebloggs's Avatar
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    maybe someone will challenge the change in the law by taking the gov to court, with the govs record on winning court cases, maybe it will be changed back to 18


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    Respected Member socool007's Avatar
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    Thanks for your help again guys, surely they cant back date the law i.e. as we put in for it on the 29th october and it did not come in until the end of november please tell me we will be ok.shes 21 july 25th
    take care x


  25. #25
    Moderator joebloggs's Avatar
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    Quote Originally Posted by socool007 View Post
    Thanks for your help again guys, surely they cant back date the law i.e. as we put in for it on the 29th October and it did not come in until the end of november please tell me we will be ok.shes 21 july 25th
    take care x
    oh i think they are suppose to judge a app on what the current rules and immigration laws are at that time, if you submitted your app in oct, but they haven't processed it til say dec, maybe the rules being 21 will apply, and if there is no concession for those in a 'gray' area, then who knows ?

    I've pasted the text from the link of the immigration law concerning age a few times .. (Any entry clearance application from a spouse/civil partner (i.e. a married person or a person in a civil partnership who would be under the age of 21 years when entering the UK) should, therefore, be refused. )

    seems to me, if she would be under 21 when entering the UK , it doesn't even say when you applied or the date a visa would be issued, but the date entering the UK, i take it that means if she is under 21 when she lands in the UK at immigration, they will refuse her

    if not heard of anyone being refused yet because of their age, but that might be because many are over 21, and also it can take 10wks to know the result of your visa app, so i would think we will know soon if people are being refused.. good luck to all thou


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    Respected Member socool007's Avatar
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    Thanks Joe Bloggs for explaining again-very helpful! But i think its a case of wait and see.
    Sounds like mine will be a good test case for others therefore of course i will keep you all informed no use of internet before christmas so all friends old and new on this site have a great christmas and a prosporous visa new year
    Stephen and Julieann


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    Moderator joebloggs's Avatar
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    your right, nothing you can do but wait and see, and hope for the best

    with all the 'human rights' things, no doubt the age will go back to 18, but then it doesn't effect Europeans, mostly only brits -so expect it to stay at 21


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