age limits for uk spouse visa - urgent help needed

[jemzy11]

Hi

I am a female UK resident born and bread, 29 years of age. I recently married my Jamaican husband who is 20 years of age. He is currently in Jamaica and Im back in the UK.

I'm pregnant and due to give birth in September 11.

It seems we cant apply for a UK spouse visa for him because both parties have to be over 21.

I have 2 questions.
a) I heard there could be a change in this rule due to recent cases, if so does anyone know when the age limit will be changed.
b) if the age limit doesn't change, how can i get him here for the birth of our baby?

Please help! Constructive information welcome...please do not leave any sarcastic remarks as some people do.

Thanks for reading this

[vinny]

a) Probably will depend on the outcome of UKBA's appeal.

b) Discretionary?

[Kitty]

When is his birthday?

[jemzy11]

His birthday isnt until april 2012, so its not like we could even start the process.

[Kitty]

There is also the route under paragraph 246 for access to a child in the UK (once the child is born). There is no age limit in this route. Although it seems to be intended for people who have split up, the rules do not actually say that the applicant parent must be separated from the UK-based parent, and the requirement for a "certificate issued by a district judge" may be satisfied by submitting an affidavit from the UK parent confirming contact.

However, from experience, you will probably be refused simply on the basis that you are not separated. An appeal will take around 6-9 months: by that point your husband will be close to meeting the age requirement for a spouse visa anyway.

[jemzy11]

Thanks for the info...

We're now thinking of applying for a long term visit visa for 1 year, that way he can be here for the birth and then when he goes back to jamaica he will be of age to apply for the spouse visa.

Only negative with that is he can not work whilst he is here, but all that matters is that we are together as a family.

what do you think?

[pennylessinindia]

one year visit visa does not allow him to stay one year. Only allows maximum of 180 days stay, also he may not get a visit visa given that it willl not be clear that he will leave the UK

[jemzy11]

Actually, its a long term visit visa we're applying for. Where you can ask for 1, 2, 5 or 10 years. For family or business links.

We are only going to ask for the 1 year.

[vinny]

How will he show that he intends to leave the UK before the expiry of his visit visa?

[Greenie]

Actually, its a long term visit visa we're applying for. Where you can ask for 1, 2, 5 or 10 years. For family or business links.

We are only going to ask for the 1 year.

Yes but even with a long term visit visa he will only be permitted to spend 6 months in any 12 month period in the UK. He also needs to show strong ties with Jamaica and demonstrate that he intends to leave the UK at the end of his visit.

[jemzy11]

well it will go in his favor that he has been here before on a 6 month visit visa, and returned well within his expiry date.

he has strong ties, he and his father run a small farming business as-well as a delivery service of raw materials.

he has plenty in his account to prove he can support himself.

What is the point in offering a 12 month long term if he can only come for 6 months. I dont understand, where are you finding this information from?

Thanks.

[vinny]

VAT1.5 Frequency and duration of visits

[jemzy11]

Ok...so just out of curiosity, if we applied for 2 years, he could come and go as long as he not here for more than 6 months at any given time??

[Casa]

As long as he doesn't spend any more than 6 months in the UK in a 12 month period. For example, if he came on a 6 month visit he wouldn't be able to return to the UK again until a further 6 months have passed.

[pennylessinindia]

all the above is assuming it is issued given your circumstances it may not be issued but you may want to chance it, or why not go back with him for the delivery and then apply nearer 21? then you can be together the whole time around your delivery

[SoHopeful]

I wish you the best of luck with the visitor visa if you decide to proceed with it. I married my husband who is also a Jamaican last October, and because JA is notorious for its refusals we wont be submitting for his spouse visa until next year when everything is in place 100%. I only know of people applying for fiance/spouse/dependant visas so i cant really offer any advice pertaining to JA and visitors visas but just ensure your application is water tight.

[jemzy11]

Does anyone have an example of a sponsors letter for a husband visit visa?

Thanks

[sally12345]

Kingston is a hard nut to crack having been there and worn the teashirt etc please make sure that you have everything in place before you apply otherwise you will end up in court.

I would say do lots of research now save money and pain in the furture good luck I married my husband here then he went JA and we applied we got it no appeal or anything but the stress of getting documents was a pain however he has ILR now so we are blessed get info from everywhere trust me it all helps x

[jemzy11]

To be honest my main concern is finding out when the age restriction for the spouse visa is going to be reduced to 18 instead of 21

[Greenie]

To be honest my main concern is finding out when the age restriction for the spouse visa is going to be reduced to 18 instead of 21

There's a chance it will not be changed before your husband reaches the age of 21. He can apply for the spouse visa now and you could ask them to exercise discretion in particular due to your pregnancy. It is likely to be refused but has a good chance of winning on appeal to the tribunal.