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Review of spouses cases refused on age alone

Review of spouses cases refused on age alone

Pun intended

As well as formally lowering the spouse visa age back to 18 through a formal change to the Immigration Rules on 28 November 2011 in response to the Quila case, the UK Border Agency is enabling the review of cases where applications were refused solely on the basis of not meeting the increased age requirement of 21.

The announcement on the UKBA news page is here, the new ‘review of age decisions’ page is here, the review guidance here and the review application form here. If you want to see the formal Statement of Changes it is number HC 1622 and can be found here (it is unusually short and sweet).

You can ask for a review using the free application form if:

  • you received a refusal decision under paragraphs 277, 289AA, and 295AA of the Immigration Rules between 27 November 2008 and October 2011 and
  • the application was refused solely on age grounds and
  • both parties are aged 18 or over

An application for review must be made by 31 May 2012. After that date a new application will be needed and the full fee will need to be paid.

The guidance states that where an appeal is pending and the application was refused solely because your sponsor or you were aged between 18 and 20 UKBA will automatically reconsider your case and you need take no action now. I would suggest taking that advice with a pinch of salt and writing to the relevant ECO or in-country team and asking for a review anyway. The danger is that you will get as far as attending court, instructing a lawyer and so on only to find the decision is withdrawn on the day of the hearing, a colossal waste of everyone’s time and money.

Free Movement
The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.

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