Got married 18months ago wife is still 20Year old.

Hi everybody!
I got psw visa (expiring19sep2010)
I got married with British citizen 18 months ago. We have 2 years old daughter together and we are living together since we got married.
Question is my wife is about 20 years old,I can't apply for spouse vise till November next year. My current visa is exiting don't know what to do?

Whether you can apply for a spouse visa or not also depends on the age of the visa applicant. British citizens can marry from the age of 16 (16-17 with parental consent).

How old are you?


regards

sushdmehta wrote:Whether you can apply for a spouse visa or not depends on the age of the visa applicant. British citizens can marry from the age of 16 (16-17 with parental consent).

How old are you?


regards

I am 25 years old. As I said we are married but i still can't get spouse visa because according to home office by the time of issuing visa you have to be 21years old and my wife is 20 years old. What typeofvisa I can apply?
Thanked

You may apply for any other visa that you qualify for (e.g. - Tier 1 General, Tier 4 student).


regards

Unfortunately, the age requirement is for both parties.

Another way out is for your wife to work in the EEA and living with you there for a few months. Subsequently, both of you may come back to the UK under the EEA regulations.

vinny wrote:Unfortunately, the age requirement is for both parties.

Another way out is for your wife to work in the EEA and living with you there for a few months. Subsequently, both of you may come back to the UK under the EEA regulations.

But I have not enough time to apply any other visa. How would I go other eu country? my visa is expiring with in 20 days.I can't even get visit visa.Can you please explain how would it work. Thanks

Given the time constraint, guess the only option available to you is to return to home country and apply for spouse visa when your spouse turns 21.


regards

OP, surely you can be apart for about 2 months?

ElenaW wrote:OP, surely you can be apart for about 2 months?

I can't apply til November next year.

Isn't that 14 months?

Can your wife join you in your home contry for the time until she turns 21? Can you afford regular family visits from her until she turns

Another option is to apply from your home country for a visa for access to a child (as long as you satisfy the other basic conditions).

The difficulty with this route is that ECOs are unfamiliar with it, and their Entry Clearance Guidance still seems to contain out of date "reasons for refusal" that include not being separated, or intending to work. Even if you spell out to them in your application how you meet the actual requirements, you may still be refused and have to wait for an appeal (could be 9 months until you get a hearing, which brings you quite near to your wife turning 21 next year: you may think it's not worth it).

mochyn wrote:

ElenaW wrote:OP, surely you can be apart for about 2 months?

I can't apply til November next year.

Isn't that 14 months?

Yes it is didn't see the "next year" bit. I need to go to specsavers!

I don't understand. The title of this topic includes "wife is still 20Year old", which surely means that she is 21 in less than 12 months! So why are we being told that the spouse visa application cannot be made until November 2011?

John wrote:I don't understand. The title of this topic includes "wife is still 20Year old", which surely means that she is 21 in less than 12 months! So why are we being told that the spouse visa application cannot be made until November 2011?

Good point. I'm assuming since the OP said "about 20" she may be 19?

See also Rights of children a primary consideration and Effect on family members.

If you apply by post for FLR(M) shortly before your leave expires, then
they may refuse, giving you full rights of appeal if you have no leave left at the time of the refusal; or
they may grant discretionary leave; or
they may defer decision until she's aged 21 or over.

See also Spouse Visa Age.

Kitty wrote:Another option is to apply from your home country for a visa for access to a child (as long as you satisfy the other basic conditions).

Good idea. Parents with access rights to children in the UK may also work.

vinny wrote:

Kitty wrote:Another option is to apply from your home country for a visa for access to a child (as long as you satisfy the other basic conditions).

Good idea. Parents with access rights to children in the UK may also work.

My apology she will 20 in November2010. So yes 14 months. My partner won't let me go back my home country. And I don't want to take her there because my home town effected by flood and no where to live. Specially without any job. I can't apply for access to the because I got told that you can only apply for access to the child if you already got spouse visa. Not any other visas. Only option coming in my mind is discretionary leave to remain. What do you think guys?or I don't know.

Perhaps you may apply for the child access leave, before your current leave expires, from the UK, if proportionality is applicable.