Marriage Visa Ruling From Supreme Court
The supreme court had judged the home office rules as unlawful in regards to the rule preventing couples getting married or living together in the UK until they are 21 years old. The rule was initially brought in to stop forced and sham marriages but this rule hurt and damaged many genuine relationships too. Immigration Rule 277 relating to UK Marriage visas has been declared unlawful so this will open a path for those who want to bring their partners who are under 21 years old to the UK.
Why should a migrant be over 21 and not 18?
If you are under 21 years old and want to apply for a marriage visa contact our office and we can advise further. To date the rules haven’t been updated but we will be keeping a close eye on this. It should also be noted that there may be a case for refunds from the UKBA for those who where rejected visas due to age (and only age) since the rule was in place in 2008. This is another issue that will be raised with the UKBA and should be monitored.
The Home Office had changed the requirement to 18 years old. This had helped many migrants who were stuck in limbo and couldn’t join their spouses until they reached 21 years old. The supreme court had seen sense and restored the previous age requirement for a UK spouse visa to 18 years old.
Does This Mean A Marriage Visa Is Now Easy to Get?
Unfortunately not. Since July 2012 the spouse visa rules have been a headache for many and priced 1000s of couples out of living together in the UK. The Home Office has put a price on love and if you don’t earn over the £18,600 visa requirement then you are unlikely to be able to obtain a visa to bring your partner to the UK. Those in the London area and south of England where wages are higher to reflect higher livings costs are at an advantage to those in a quiet Northern English town that has a low cost of living.
Is there Other Spouse Visa Requirements I Need To Think About?
Yes there are many other requirements apart from age and earnings for a UK Marriage Visa. You need to consider English language requirements for coming to the UK and what level of test you need. The test is being increased in difficulty requirement for those extending to level A2. For settlement applications, you require at least level B1 and this could increase in future years. If possible we advise you obtain a level B1 when applying for your spouse visa so you can use this again when you apply for Indefinite Leave to Remain in 5 years time. Also, ensure your English Test is SELT approved such as an IELTS test.
How We Can Help?
Here at WM Immigration we have experience in dealing with many different Immigration applications. Our expertise and professionalism will ensure you are given the correct immigration advice. We understand the stress of making your visa application and will endeavour to give you the best chance possible of success. Our company has an established reputation and will provide advice regarding of your location.
Services We Offer
- Eligibility Check
- Tailored guidance on how to meet specific requirements
- Document check
- Review of Application Forms
- Assistance with booking appointments
- Same Day Visa Representation
Visa and ILR Application Premium Service
If you don’t want to wait months for your immigration application to be processed in the UK, we can assist you in getting it processed at the Home Office Premium Service Centre. We can have you booked in for an appointment in a matter of weeks and you will get your visa approved same day. No more stressful waiting! Our experienced representatives will attend with you to ensure a smooth application.