UK Supreme Court Rules Ban on 18-21 Marriage Visas Illegal

http://www.guardian.co.uk/uk/2011/oct/12/visa-ban-spouses-human-rights?CMP=twt_fd

Good news for those in this age group struggling to be with their other halfs

Visa ban on foreign spouses ruled illegal

Court condemns withholding of visas for under-21s, citing right to family life under European human rights convention


    Alan Travis, home affairs editor
    guardian.co.uk, Wednesday 12 October 2011 10.23 BST

The supreme court has ruled illegal a blanket visa ban on British citizens under 21 bringing spouses to the UK from abroad, which affected about 5,000 couples a year.

The judges said the visa ban, which was introduced to deter forced marriages, may have actually done more harm than good.

The ruling said the ban breached the right to family life of the couples involved – the controversial article 8 of the European Convention on Human Rights, which was at the centre last week's Cabinet row over the Human Rights Act.

The ruling is a further major blow to the home secretary, Theresa May. The decision by the most senior judges is likely to reignite the human rights row after her promise last week to rewrite the immigration rules. It also follows David Cameron's promise on Monday to crack down on forced marriages.

The visa ban was introduced by the Labour government but has been implemented by the coalition as a measure to tackle forced marriages. But the supreme court says there is no conclusive evidence to show that it has succeeded in deterring or preventing forced marriages.

The Joint Council for the Welfare of Immigrants (JWCI), which was party to the challenge, said that about 5,000 couples a year who wanted voluntarily to get married were being hit by the ban. The visa ban applies to spouses and partners coming from outside the European Union to join those with the right to live in Britain.

The challenge was brought on behalf of a British woman and her Chilean husband, who met at school while his mother was studying at a British university. Although the Home Office accepted the relationship was genuine, the man was denied a visa to live in Britain.

Habib Rahman, chief executive of the JWCI, said: "This is a great day for the right to a family life in the UK. This was a law introduced on the hoof, which had no discernible effect on forced marriage, but infringed on the rights of UK citizens to live in the UK with their partners. We are delighted to see it consigned to the scrapheap of misguided legislation."