Significant age differences

A common scenario for some partner visa applicants is explaining any significant age differences between an applicant and sponsor. Having practiced in this area for many years, I have successfully represented numerous clients where there have been decades between spouses ages. In my experience, partners have often already had open and frank discussions about any significant age difference. This is just one element of their relationship and is by no means the most important. One of the complicating issues that can arise from an age difference can be a lack of support from some family and friends and can have an impact on demonstrating the social aspects of the relationship.

Providing the Tribunal with your own thoughts and perspectives about any age differences can go a long way. A recent decision of the Tribunal (where there was a 12-year gap between a sponsor – who was 18 years old at the time they married - and the visa applicant – who 30 years old at the time of the wedding) considered this issue. In that case, [2] as with many others, a consequence of the significant age difference between applicant and sponsor was a lack of support for the relationship from some family members. In fact, the sponsor and applicant were so concerned about the disapproval from some family members (because of the sponsor’s young age and the 12 year age gap between them) meant that certain family members didn’t even know they were married. The Tribunal, after considering all of the evidence of the relationship, noted that “important people in their lives and community are aware that they are in a long-term relationship, and that they are partners – though they may be actually unaware that they are married”.

So how should you approach age differences?

Given that it may be years between a decision to refuse a partner visa application, it may be that by the time your review is before the Tribunal, your family and friends may have become used to or accepted your relationship despite any earlier concerns. Providing updated Form 888 statements or asking the Tribunal to hear from some well-prepared witnesses is a practical way to address this issue.

Your statements should also have addressed this issue, but if you haven’t, it’s helpful to set out for the Tribunal how, if at all, your age differences are relevant to your relationship. It may be a conscious decision to seek a younger partner, or there may be cultural or religious reasons that help explain the age difference. It is worth keeping in mind that the ultimate assessment that the Tribunal must make, is that you have a mutual commitment to a shared life together to the exclusion of all others and that your relationship is genuine and continuing. The Tribunal will do this by assessing all of the factors of your relationship (including the social, commitment, household and financial aspects) and shouldn’t just focus on any one aspect – such as an age difference.

So, if there is a significant age difference between you and your partner and you are concerned that it will affect your partner visa appeal, keep in mind that a well-prepared appeal will help you address this and any other issues in your case.

Was your partner visa refused because of a significant age difference? Feel free to book in a 15 minute conversation so that we can guide you about the strengths and weaknesses of your case and how to prepare for your appeal.

[2] https://jade.io/article/1053887?at.hl=%252B%2522age+difference%2522