Increase in age for marriage visas 

Overview

The government has decided to increase the age of applicants applying for a spouse/civil partner visa, fiance/proposed civil partner visa and unmarried partner visa as well as the age of those intending to sponsor these visas in the UK.

The current age for applying for these visas is set at 18 however from 27 November 2008 this is set to change when both parties in a marriage/civil partnership or unmarried partners will have to reach the age of 21 before they can apply for a visa to enter the UK.

The government has explained that their objective is to deter forced marriages, protect vulnerable people as well as limit abuse of using the marriage visa route to migrating to the UK.

In addition, the aim of the government is to provide individuals with the opportunity to mature and develop life skills as well as encourage completion of education and training.

Current Arrangements

Applicants who have already been granted entry clearance on 27 November 2008 as a spouse, civil partner, fiance(e), proposed civil partner, unmarried partner or same sex-partner will be free to enter the UK as normal.

Applicants who are under 21 and have already been granted leave to remain in the UK 2008 as a spouse, civil partner, fiance(e), proposed civil partner, unmarried partner or same sex-partner, may also apply for settlement at the end of their two year visa as normal.

Requirements for a spouse/civil partner visa

• The applicant and their spouse/civil partner must both be 21 years of age.
• The applicant must demonstrate that they have met their partner before.
• The applicant must either be legally married to each other or in a civil partnership recognised in the UK.
• The applicant’s spouse or civil partner must either be a person present and settled in the UK or a British citizen.
• The applicant must intend to live permanently with their partner as a married couple or as civil partners.
• The applicant must be able to show that they can support and accommodate themselves and any dependants without assistance from UK public funds.

Requirements for a fiance(e)/proposed civil partner visa

• The applicant and their spouse/civil partner must both be 21 years of age.
• The applicant must demonstrate that they have met their partner before.
• The applicant must plan to marry or register a civil partnership within six months of the visa validity
• The applicant must intend to live permanently with their partner after marriage or having registered a civil partnership
• The applicant must be able to show that they will be able to support and accommodate themselves and any dependants without assistance from UK public funds.

Requirements for unmarried partners

• The applicant and their spouse/civil partner must both be 21 years of age.
• The applicant and partner must have met each other before.
• The applicant and partner must have been living together in a relationship similar to marriage or civil partnership for at least two years prior to the application.
• The applicant and their partner must be able to demonstrate that any previous marriage, civil partnership or similar relationship, has permanently broken down.
• The applicant must intend to live permanently with their partner in the UK.
• The applicant must be able to show that they will be able to support and accommodate themselves and any dependants without assistance from UK public funds.

Dependants

Applicants who have dependant children under the age of 18 are able to apply for dependant visas for them.

The children must be applying at the same time as the applicant or applying to join the applicant in the UK. The applicant must be able to maintain and accommodate their dependants without recourse to UK public funds.

Entry Clearance

Applicants who have been granted entry clearance as a spouse, civil partner, fiance (e), or unmarried partner, will be required to enter the UK within 28 days of the issue date on their visa.

It is possible for applicants to notify the Entry Clearance Officer of the exact date they wish to travel (prior to the issue of the visa) and ask for the visa to be post-dated for up to three months.

Indefinite Leave to Remain (ILR)

The applicant will normally be issued with a two year visa if applying for Entry Clearance as a spouse, civil partner or unmarried partner. Fiance(e) visas are granted for six months only.

Applicants on a spouse, civil partner or unmarried partner visas are entitled to live and work in the UK for the full period of the two year visa.

Applicants on a fiance (e)/proposed civil partner visa will be allowed to stay in the UK for six months but will not have the permission to work during this period. When the applicant does marry or register a civil partnership, they are able to apply to the UK Border Agency for a two-year extension to their visa, after which they are entitled to live and work in the UK for the full duration of the visa.

Near the end of this time, if the applicant and their partners are still in a continuing relationship and living together, the applicant can apply to stay permanently in the UK. This is called indefinite leave to remain.

Our services

• We can advise on the procedure of making a spouse/civil partner, fiance(e)/proposed civil partner or unmarried partner application.
• We can assess the merits of the application and advise on the likelihood of obtaining a settlement visa.
• We can advise the applicant on the requirements for making their leave to remain / entry clearance applications
• We can advise the applicant on the procedure involved for including children on dependant visas.
• We can advise on the merits of an appeal should the application be unsuccessful.

Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of the sponsored persons.