THIS IS GETTING RIDICULOUS!!!

[Unknown1]

I am furious to say the least! Okay this is the dilemma. Last year October 2008 my wife (British Citizen) and I got married in a Registered Office. I was successful in getting the CoA and all else. I am 20 (turning 21 in Nov) and my wife is 21 (turning 22 in July). I understand that recently they changed the Spouse Visa age from 18 to 21 and I need to get Entry Clearance as a spouse. But because of this new law I cant apply to come and be with my wife. We have a lovely 3 month old son together and because of this law which was initially made to crackdown forced marriages,infringes on my right to be with my wife and baby boy. I know its very hard to bypass the law but is there any way I could appeal to this?

[Casa]

Even if you were able to win an appeal through the courts (not yet been tested), by the time the appeal was heard you would have reached the qualifying age of 21.
As you write that you applied for a COA and married in a Registry Office you were obviously in the UK at that time. Where are you now?

[batleykhan]

Sorry mate,join the queue, like the rest of us who are in the same predicament . As yet there is no way round it, because its the law.

[Unknown1]

I am in the UK at the moment but Im going back to my home country in a few days time. -So if then I apply for a visitors visa (which is a max of 6 months) instead of a spouse visa. Then go back to my home country when thats over and apply for the actual spouse visa (by then I can qualify for the minimum age). Is that the only way to leap over this hurdle?

[Directive/2004/38/EC]

You can both move to another EU country, with no hassle at all. You can work and live together. You can both leave today if so desired.

Once your wife has worked there for a while (e.g. 6 months), you can if you wish, come back to the UK based on European law. See http://eumovement.wordpress.com/2007/04 ... ional-law/

[Unknown1]

You can both move to another EU country, with no hassle at all. You can work and live together. You can both leave today if so desired.

Once your wife has worked there for a while (e.g. 6 months), you can if you wish, come back to the UK based on European law. See http://eumovement.wordpress.com/2007/04 ... ional-law/

Ideally that sounds like a token idea but unfortunately in the real world for some of us thats just beyond our financial capacity. The only problem is that I am just 6 months younger than the qualifying age. I just wanted to know whether if

I apply for a visitors visa (which is a max of 6 months) instead of a spouse visa. Then go back to my home country when thats over and apply for the actual spouse visa (by then I can qualify for the minimum age). Is that the only way to leap over this hurdle?

Can I come as a visitor and be with my family until all requirements are met, then apply for Spouse Visa?

[Directive/2004/38/EC]

Ideally that sounds like a token idea but unfortunately in the real world for some of us thats just beyond our financial capacity. The only problem is that I am just 6 months younger than the qualifying age.

I understand it can be difficult, though you can work immediately (in other EU member states), and UK spouse can also work immediately. Note that there is no age restriction if you go with your spouse to another EU member state and, if you followed the European law option, there would be no age restriction on your return to the UK

I do not know enough about UK immigration law to comment. Sorry. See http://freemovement.wordpress.com/2009/ ... -visa-age/ for some interesting background to the changes.

[Rozen]

You can both move to another EU country, with no hassle at all. You can work and live together. You can both leave today if so desired.

Once your wife has worked there for a while (e.g. 6 months), you can if you wish, come back to the UK based on European law. See http://eumovement.wordpress.com/2007/04 ... ional-law/

Ideally that sounds like a token idea but unfortunately in the real world for some of us thats just beyond our financial capacity. The only problem is that I am just 6 months younger than the qualifying age. I just wanted to know whether if

I apply for a visitors visa (which is a max of 6 months) instead of a spouse visa. Then go back to my home country when thats over and apply for the actual spouse visa (by then I can qualify for the minimum age). Is that the only way to leap over this hurdle?

Can I come as a visitor and be with my family until all requirements are met, then apply for Spouse Visa?

You'd be hard pressed to switch from visitor visa to spouse (or anything else) visa, under UK law. It's not impossible, but highly unlikely. Sorry.

[abidjan1]

hi unknown 1
i think the idea of applying for a 6 months visitor and then later for spouse isn't a good idea.
the reason is that while you are applying for the visitor visa you might have to lie about some question on the form which might affect your spouse visa apllication.
as you are already in the uk and only 6 months short of the 21 year old rule why don't you postpone your application for 6 month?
by the what your status for the time being if you don't mind.
take care