Couple lose appeal against UK marriage visa refusal
December 08 2009 by Liam Clifford
Couple may be forced to stay in Chile as UK spousal visa appeal is thrown out by judge.
An 18-year-old
north London woman has lost her appeal at the High Court to gain a UK marriage visa
for her husband as they have fallen foul of new laws introduced to protect young
people from forced marriages.
The new UK immigration policy refuses spousal visas for foreigners who marry a UK citizen until both parties are 21
years old. Amber Aguilar, from Friern Barnet, and her Chilean husband Diego
Adres Aguilar Quila are 18 and 19 years old respectively.
They met while
Diego was living in the UK on a student visa. This visa expired recently and he
had to move back to Chile. Amber was then faced with the option of moving to
Chile to be with her husband or staying in the UK to continue her career. She
chose to move to Chile, where the couple are struggling to find work.
The
couple’s lawyer Christopher Jacobs argued that the Home Secretary should make
concessions in the rules in cases where the marriage is plainly not forced. He
claimed the refusal of the UK spousal visa was infringing their right to family
life under Article 8 of the European Convention of Human Rights.
However,
the judge Mr Justice Burnett ruled that the Home Secretary was not acting
irrationally and that he had not demonstrated a “lack of respect under Article
8.” As a result, the appeal was thrown out.
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