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UK Introduces New Policy For Partner Visas
Updated on : Tue, 08 Nov 2011 13:00:00 GMT
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The UK Border Agency (UKBA) has reinstated a minimum age of 18 for both foreign spouses and their sponsors (in the UK) for partner visa applications following a Supreme Court decision.
In the recent case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45, the requirement under paragraph 277 of the Immigration Rules that both foreign spouses and their sponsors in the UK had to meet a minimum age of 21 before the foreign spouse could be granted a visa remain in the UK was successfully challenged.
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 acknowledged that by increasing the age requirement, the Secretary of State had a rational aim of addressing and preventing forced marriages. However, they indicated that the increase of the minimum marriage visa age from 18 to 21 disproportionately interfered with the Article 8 rights of those who were in genuine marriages.
As a result, Immigration Minister Damian Green stated that "The changes will take effect on 28 November and will reduce the minimum age at which a person may be granted entry clearance or leave as the spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partner of a sponsor, and the minimum age at which a person may sponsor such an application, from 21 to 18 years. It will also delete references to a minimum age of 18 for entry clearance or leave as the spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partner of a HM Forces sponsor, and the minimum age at which a member of HM Forces may sponsor such an application".
The guidance primarily influences 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 due to either the applicant or their sponsor were aged between 18 and 20 and;
- whose application was refused on that basis between 27 November 2008 and October 2011
The new guidance applies to applications made from inside the UK or overseas and sets out how such UK visa applicants can apply for a review of the original decision to refuse a visa which might now result in a visa being issued.
It is said that changes to the Immigration Rules have been laid in Parliament on November 7, 2011 to reinstate the least possible 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, indefinite leave to enter or remain in the UK as well as a variation of leave on that basis. These rules will come into effect on 28 November 2011.
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