Q: I am a British citizen and was recently married to my 20 year old Australian fiancé. My wife’s spouse visa application was refused on the basis that she was under the age of 21. I heard that the rules changed back to a minimum age of 18 again? Can we file a new application in light of this?
A: Changes to the Immigration Rules have been laid in Parliament to reinstate a minimum age of 18 for a spouse, civil partner, fiancé, proposed civil partner, unmarried partner or same-sex partner and for their sponsor in order to qualify for entry clearance, leave to enter, leave to remain or a variation of leave on that basis. These rules will come into effect on 28 November 2011. You can therefore reapply – of course you need to meet all the requirements of the rules, but the fact that your wife is 20 years old and not 21 is therefore not a barrier against applying. You can also ask for a review given that you applied recently. This must be done before the 31st of May 2012.
Please contact us for further assistance.
JP Breytenbach
Director of Breytenbachs Immigration Consultants Limited
www.bic-immigration.com or info@bic-immigration.com
