Supreme Court outlaws young spouse ban

Posted: 12th October 2011

The Supreme Court has accepted that the UK legislation which prohibits the non-EU national spouse (if under 21 years old) of an EU national being granted the right to remain in the UK as of right conflicts with Human Rights legislatioplanen – specifically the right to private and family life, which is guaranteed under article 8 of the European Convention on Human Rights.
The rule, created in order to deter a very small number of spouses of forced marriages from coming into the country, had the effect of denying about 5,000 people a year the right to remain in the UK.
It will now be for the Government to scrap the rule or find a way of revamping it which is compatible with Human Rights legislation.