Love is not enough for under 21 UK marriage visa application

Published: 10/12/2009

A young married couple may be unable to live in the UK after their UK spousal visa application has been rejected, with a subsequent appeal also thrown out by a High Court Judge.
The couple, British 18-year old Amber Aguilar and her 19-year old Chilean husband Diego Adres Aguilar Quila, have fallen foul of the recently-introduced laws to tighten up marriage visa applications from forced marriages as they are both under 21, the legal minimum age for a UK settlement class marriage visa application for foreigners marrying a British citizen or lawful permanent resident.
Mr Aguilar Quila initially entered the UK on a student visa and met his future wife while he was studying in the UK. Once his student visa expired, Mrs Aguilar was given the option of either moving to Chile with her new husband or staying in the UK in order to establish a career. In order to stay with her husband, Mrs Aguilar chose to relocate to Chile, although both she and her husband are finding it very difficult to find work.
Consequently, the young couple wish to make their lives in the UK, but have been unable to gain the necessary permission because of their young age. Having appointed a lawyer to argue that discretion should be used in cases where the young couple are clearly in love and there is no suggestion of a forced marriage, Mrs Aguilar and her husband have lost the battle against the heart-breaking decision. The Judge has ruled that the case must be denied.

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