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Dependants of Points Based Scheme applicants: age restrictions

11 February 2010

Partners, such as a fiancée (e) and/or proposed civil partner as well as a spouse, civil and unmarried partner, of a British Citizen or someone present and settled in the UK, are subject to an age restriction whereby they and the main applicant will need to be 21 years old on the date of the applicant's entry in the UK or on the date on which leave to enter would be granted.

For instance, paragraph 289AA of the Immigration Rules dealing with Fiancées and proposed civil partners clearly states that:

"Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter or variation of leave as a fiance(e) or proposed civil partner if either the applicant or the sponsor will be aged under 21 on the date of arrival of the applicant in the United Kingdom or (as the case may be) on the date on which the leave to enter or variation of leave would be granted".

However, in August 2009, the UK Border Agency announced that this restriction does not apply to family members of Points Based (PBS) applicants. This is also confirmed in the policy guidance to each single PBS category which should be carefully read before making any application.

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