As from the 1st of April 2003 certain changes to the Immigration Rules proposed by the government came into effect - the Statement of Changes HC 538 makes substantial alterations to the Rules.
One of the most important changes centres around persons being granted leave to enter the UK for a period of 6 months or less e.g. persons coming to the UK on a visit visa, and other categories. As from the 1st of April 2003 such persons will not be
permitted to switch category to spouse status whilst in the UK. In such circumstances the applicant will be required to return to their country of origin and make the necessary application in accordance with standard procedure for spouses wishing to enter the UK.
The other significant change to the rules relates to those persons granted leave to enter the UK on a spouse visa. The standard 12 month leave has now been altered to 2 years and consequently an application for indefinite leave to remain in the UK must now be made just prior to the expiry of the 2 years leave this of course applies to fiances.
Furthermore persons from the UK marrying abroad will now only be permitted to sponsor their spouse providing they themselves have attained the age of 18.
This new requirement is being introduced to deal with the issue of young persons being forced into marriage upon reaching the age of 16. Of course you can still marry at the age of 16 however sponsorship of your spouse to come to the UK can only take place once you have reached the age of 18.
The Immigration Rules are constantly being updated and new practices/policies adopted by the Home Office/Entry Clearance Officers. It is therefore prudent to consult an immigration solicitor to ascertain the current legal position.
For advice on all your legal matters please contact either Ebrahim Foolat or Ibrar Hussain on (01254) 672222 to arrange an appointment.
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