Immigration Black Hole !

Does anyone know what UKBA is going to do about the "immigration black hole" that has been created recently. I have not spotted any mention of their stance on the issue, and wonder if anyone else has?

I am referring to the fact that the minimum age for settlement visas has been raised from 18 to 21. This is not the place to discuss the merits, or otherwise, of that change, but there is a side-effect that cannot be overlooked.

I am referring to the fact that someone aged 18, 19 or 20, and/or someone with a sponsor of those ages, might have been granted a 6-month fiancé(e) visa or a proposed civil partner visa prior to the change to the immigration rules, and then following the marriage or registration of the Civil Partnership, they naturally desire to convert into a spouse visa or Civil Partner visa in the UK.

But can they? The Immigration Rules are quite clear. Para 277 now reads :-

Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a spouse or civil partner of another if either the applicant or the sponsor will be aged under 21 on the date of arrival in the United Kingdom or (as the case may be) on the date on which the leave to remain or variation of leave would be granted.

:- which is pretty clear. So does this person simply drop into an "immigration black hole"? Or by concession will UKBA allow the issue of a spouse visa or Civil Partner visa to the person, previously issued with a  fiancé(e) visa or a proposed civil partner visa, even though that is not catered for in the rules.

IMHO UKBA need to make a statement about this issue. If they already have, do please point out where it can be found.

I have read somewhere that, when someone already has a fiancee visa, they will be permitted to change to spouse.  I shall find it as soon as I get a minute.

Vicky

85. In paragraph 277, delete “18” and substitute ”21”.
86. In paragraph 289AA, delete “18” and substitute “21”.
87. In paragraph 295AA, delete “18” and substitute “21”.

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-sex 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-sex partners as well as to spouses and fiancé(e)s.

6.34 If a person has already (at the time the change comes into effect) been granted entry clearance or leave as a spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partner, he or she will not be prevented because he or she may be aged under 21 from applying for, and, if appropriate, being granted settlement.

Note that:

The Immigration Rules applicable to an immigration decision are, in the absence of transitional provisions or any contrary legitimate expectation, the rules in force at the date of the decision.  Nathwani [1979-80] Imm AR 9 remains good law.

Cheers Vinny!


Vicky

Everybody please savor this.  It's one of the *FEW*, in fact DAMNED FEW instances of grandfathering in the last decade.

Re vinny's reference to Nathwari, note that Nathwani was discarded when they outlawed the in-country switch from visitor to spouse in 2003. 

Vinny, that is great! Thanks for posting that!

Total proof that boards like this on the internet have real value!

As a limited concession, the change in minimum age to 21 will apply only to cases where the UK-based sponsor is present and settled in the UK, or is being admitted for settlement on the same occasion as the applicant.

The minimum age of 18 will continue to apply to sponsors and their partners in those cases where the stay of a sponsor is subject to a time-limit (for example, students, work permit holders).

So now UK nationals who are marrying have fewer rights than temporary migrants?  This is insane!


Vicky

Vicky I can't disagree with that conclusion!

Is it now clear whether the UK Government is attempting, or indeed not attempting, to impose the age 21 limit on applications for EEA Family Permits? Or on applications on any of the EEA series of forms?

That has been clear from the launch...EEA family members are exempt.  Only UK nationals and their spouses have this problem.

I am beyond angry at this.  I had to tell a guy yesterday that when he goes to marry his wife on Christmas eve he can't bring her to the UK for six months, and it was heartbreaking.


Vicky

One premise for the change was to prevent forced marriages... However, they've also applied it to unmarried or same-sex partners (295AA)

One premise for the change was to prevent forced marriages... However, they've also applied it to unmarried or same-sex partners (295AA)

Yes, all those random people living together for two years being forced into continuing to live together for two years.  Also, I hear there is a big trade in mail order boy toys out of San Francisco every since Proposition 8 got passed there.

One premise for the change was to prevent forced marriages... However, they've also applied it to unmarried or same-sex partners (295AA)

I never thought of that.  Excellent point!

Vicky