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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i married a brasilian woman last month and i would like to

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i married a brasilian woman last month and i would like to know if she can come back to the u.k, i am in the u.k now but she is still in brasil with our son and we have another one on the way soon, she is living with friends but they need her to move out soon as they are selling the house. on her passport she over stayed on her visa so the immigration service put a note on her passport no return for 6 months when she returned to brasil, she needs to come back now as i need her back and my son is going to start school soon. is there any advice you can give me please. many thanks mike
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

Can you please confirm when the 6 months no return period expires?

 

Kind regards,


Tom

Customer: replied 4 years ago.
30th of july
Expert:  Thomas replied 4 years ago.

Hi,

 

 

Whilst you could probably make and emergency application for a visa to be grated before the expiry of no return period it would almost certainly be refused initially and then you would have to appeal. Given the time appeals generally take, coupled with the fact that it is an out of country application, it's highly likely that it will take it a fair time past the 30th July.

 

In my view it would be best (in terms of time and prospect of success) to prepare your application now and submit it when she is no longer prohibited by the no-return date, particularly as it is relatively close. Such an application would have a greater chance of success and less likely to be appealed than the emergency application above.

 

You will have to show:-

  • 1. That you are legally married to each other
  • 2. Your wife is present and settled in the UK
  • 3. You intend to live permanently together here in the UK as husband and wife
  • 4. You have met each other before
  • 5. You can support each other without the need for public funds
  • 6. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
  • 7. That neither of you are younger than 21 years of age.

You will need to apply for settlement (ie. spouses visa) by using for VAF4 Settlement, available for download from UKBA's Visa website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your wife before sending it to you so that you can submit it in Brazil.

 

You can find Uk immigration solicitors through the following Law Society Website search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

 

 

Thomas, Solicitor
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
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