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Marriage Visa aged raised to 21 as from 27/11/08

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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batleykhan
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Marriage Visa aged raised to 21 as from 27/11/08

Post by batleykhan » Tue Nov 04, 2008 1:43 pm

The Home Office has annouced that this will come into effect at end of November 2008,so those folks of thinking getting married, better get cracking soon

Read about it here
http://www.ukvisas.gov.uk/en/aboutus/ne ... id=8621211

naz08
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Post by naz08 » Wed Nov 05, 2008 11:27 am

i dont agree with this..i mean wah about those who have genuine marriages. means i might have to wait till im 21 to apply...this is annoying....wah about appeals do i have to wait till im 21 to apeal or.can i do that under 21

batleykhan
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Post by batleykhan » Wed Nov 05, 2008 11:36 am

i dont agree with this..i mean wah about those who have genuine marriages. means i might have to wait till im 21 to apply...this is annoying....wah about appeals do i have to wait till im 21 to apeal or.can i do that under 21
Whether you agree with it or not, or whether you like it or not, you unfortunately dont have much choice, because that is the law when it comes into force. I suppose you have take the British govrnment to the Human Rights court to challenge it

siham020
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Post by siham020 » Wed Nov 05, 2008 11:51 am

please can somebody correct me if im mistaken, im very confused now!

im applying for my spouse/settlement visa between the 10th-14th november.. am i going to be affected by this new law seeing it's comin into effect on the 27th and im 20 yrs old??? thank u

Siham

batleykhan
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Post by batleykhan » Wed Nov 05, 2008 6:37 pm

please can somebody correct me if im mistaken, im very confused now!

im applying for my spouse/settlement visa between the 10th-14th november.. am i going to be affected by this new law seeing it's comin into effect on the 27th and im 20 yrs old??? thank u

Siham
You should be ok as long as you file your case before 27/11,otherwise you will have to wait 12 more months

thsths
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Post by thsths » Wed Nov 05, 2008 6:50 pm

batleykhan wrote:You should be ok as long as you file your case before 27/11,otherwise you will have to wait 12 more months
Not necessarily. Applications are decided based on the evidence at the time of application, but on the law at the time of the decision. So if no transitional measures are specified, the application could be refused after this date, even if it was submitted before.

I guess we will have to see how this policy works out. I cannot imagine that it is legal, but obviously that is not for me to decide.

siham020
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Post by siham020 » Wed Nov 05, 2008 6:54 pm

thank u both for the replies.
omg is that really true ( refusing the file even before the law comes into effect)? that is not fair really .. oh i'll see what's gonna happen after i submit my application :( . thank u

JAJ
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Post by JAJ » Thu Nov 06, 2008 2:07 am

thsths wrote: I cannot imagine that it is legal, but obviously that is not for me to decide.
Why on earth should it not be legal? The Secretary of State is authorised under the Immigration Act 1971 to make these changes to the Immigration Rules.

Prem
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Post by Prem » Thu Nov 27, 2008 12:46 pm

It is now the 27th Of November, does anyone know if they've given out more details on the change?

Thanks

Prem

RiFF
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Post by RiFF » Thu Nov 27, 2008 1:48 pm

naz08 wrote:i dont agree with this..i mean wah about those who have genuine marriages. means i might have to wait till im 21 to apply...this is annoying....wah about appeals do i have to wait till im 21 to apeal or.can i do that under 21
In case of an appeal, the law under consideration would be the law applicable at the time of the original decision, as that decision was made under the old law. I think you should be OK with an appeal.
Skeptic

oldmantom
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Post by oldmantom » Thu Nov 27, 2008 3:08 pm

Me (UK citizen) and my wife (US citizen) are both under 21, our application arrived in the Los Angeles consulate on 17th November but as of yet we've heard nothing from them - as it arrived before the 27th does anyone know if it will still be looked at under the old rules?

My local MP has been writing letters to the Foriegn and Commonwealth Office since 10th November asking about it and if it can be processed as soon as possible but no one has replied to him yet.

I feel application is pretty solid with evidence provided for the following:

Savings of £10,000 + a £3200 bond that can be taken out at any time.

My part time job paying £7500 annually + projected £3000 in dividends annually (based on payout from last 5 years) + me looking for a second part time job. Pay checks from her job in America + a CV/resume for her to send to possibly employers in the UK + a list of places she will apply to.

I had put that we will be living with my parents (4 bedroom house, 1 exclusively for us) until she has a job here (£220 rent while it's just me, rising to £440 when she moves in - which I can cover with my job alone).

I had also included a budge for renting a place of our own (est. £700-£900 per month including all bills and food).

Since we sent in the application I have secured a one bedroom flat for £65 a week, which plus bills and food would make our expenses around £560 per month (lower than the estimate I gave them). Which again I can easily afford with my current part time job alone. Unfortunately it's too late to add this to the application as they have it already.

We provided photos of our wedding, letters from her and my parents, other photos of me in America with her & her family and her in England with me and my family as well as of a holiday in France we took together. Also we provided plane tickets/hotel receipts/train tickets all showing our names, photos of letters & gifts exchanged and a Skype call history showing 45,000 minutes of calls between us during the time we were not together in person (average of 3 hours per day).

We are just extremely worried about the new age requirement and that we have not yet heard from the consulate as it is now the 27th.


Edit: I understand that applications received before 27th should be OK, however we were told they would email us once they opened our application and a second time when a decision has been made - we are worried as we have not yet received any emails leading us to belive that it may not yet have been opened. Even though it arrived on the 17th, if it is not opened until after 27th will this be a problem?

vinny
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Post by vinny » Thu Nov 27, 2008 5:26 pm

May be a problem.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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RiFF
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Post by RiFF » Fri Nov 28, 2008 12:51 pm

vinny wrote:May be a problem.
definitely be a problem, as the application hasnt been opened yet for consideration
Skeptic

oldmantom
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Post by oldmantom » Fri Nov 28, 2008 9:56 pm

I managed to speak to someone at the LA Consulate today - she said they haven't even started opening settlement applications from the start of November yet and not to expect a decision for about 3 months.

She said that when new rules come in they usually have a "grey period" where applications received before that date go through under the old rules.

She said that as our marriage certificate is dated before Nov 27th and the application was received before Nov 27th then we should be OK even though it hasn't been opened yet. However she also said that they have not yet received the new rules on their system.

Other than that she said she can't help and there's no point emailing or faxing as they have been told not to reply to emails/faxes regarding settlement visas at the moment.

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