UK Supreme Court finds Immigration Rules on spouses to be unlawful

In a major blow to the government’s immigration policy – the UK Supreme Court has struck down the restriction on spouses aged under 21 years being able to settle in the UK.

This was introduced in 2008 by the previous government in a bid to cut down on “forced marriages”. However, the rules also discriminated against legitimate couples aged over 18 but under 21 who wished to settle in the UK to join a spouse / partner.

This was an obvious result of such legislation – it just took some time for a test case to be decided by the courts. The court said that the rule was unjustified because it interfered with the human rights of couples.

The Home Office will now need to change the relevant section of the Immigration Rules.

Whilst some age restriction may still be permitted, a blanket rigid ban that has been in force will not be permitted.

The timing of the court decision comes in a week when the Prime Minister made a major speak on immigration restrictions.

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