On 27 November 2008 the UK Government raised the minimum age requirement from 18 to 21 for those seeking entry to the UK as the spouse, fiancé or fiancée, civil partner, proposed civil partner, unmarried partner or same sex partner of an another person. Importantly this change only applies to those seeking admission to the UK where the sponsor either holds ‘indefinite leave to remain’ status -commonly referred to as ‘settlement’, or, is a British citizen.
The rule change effectively means that individuals who are ‘settled’ in the UK or are British Citizens cannot sponsor a prospective applicant to the UK who is under the age of 21.
The rationale behind the change is so that the UK Government can prevent the problem of forced marriages for those under the age of 21. The UK Government had been lobbied to introduce legislation to stop forced marriages. The UK Government’s response has been to introduce laws to simply prevent those under the age of 21 applying to enter the UK on the basis of their relationship to someone with settled states or is a British citizen.
Conversely the rule change does not apply to those seeking entry to the UK as the spouse, civil partner, unmarried partner or same sex partner of another person where the sponsor is a student, work permit holder or a Tier 1, 2 or 5 migrant. Therefore, the age requirement of 18 still applies to those seeking entry to join a sponsor who has a time limit on their stay in the UK.
As yet it is unclear as to whether the minimum age requirement for those seeking to join a sponsor subject to a time limit will be raised, although it is possible that this will happen.
It is open to debate as to whether foreign nationals under the age of 21 who are in a genuine relationship or marriage and are therefore prevented from obtaining a visa due to the new laws can claim that this would infringe their rights under Article 8 ‘Right to Family Life’ of the European Convention on Human Rights. One of the obstacles in challenging such a decision would be the costs associated with challenging the UK Government.
Individuals should check the requirements for the age requirements when seeking entry as a spouse, fiancé or fiancée, civil partner, proposed civil partner, unmarried partner or same sex partner to the UK on the basis of sponsorship should seek legal advice from a UK Immigration lawyer who meets the requirements to provide legal UK immigration advice.
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