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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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I have legally married a woman in Brazil, we have met and have

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I have legally married a woman in Brazil, we have met and have known each other for 2 years. It appears that she needs to apply for a settlement visa before coming to the UK, is this correct? is it possible for her to come to the UK and make the application from here and then in 6 months go back to Brazil and collect the visa? I believe there is a biometric test. Any assistance would be appreciated.I am a British Citizen with a British Passport aged 47.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Can you confirm that you are a British citizen, have indefinite leave to remain or otherwise state what your immigration status is here?

 

Tom

Customer: replied 4 years ago.
Yes I am British Citizen born in UK, with British Passport aged 47.
Expert:  Thomas replied 4 years ago.

She would have to submit her passport with her application for settlement (ie. spouses visa) I'm afraid, so she would not be able to travel once she has submitted the application. She would not therefore be able to do what you suggest.

 

She could apply for visitor's visa in the normal way for a 6 month visit, but in doing so would be stating that she would leave on or before expiry of the visa. She would not be able to make an applicaiton for a spouses visa once she is here but you could both attend a solicitor's office during the visit to instruct a solicitor to prepare the applicaiton for you and giving them all the relevant documentation. She could the return to Brazil with the pre-prepared application and submit it straight away to the British Embassy in Brazil.

 

If the application is well prepared and you meet the following eligiblity criteria then it may make the applicaiton easy and quick to decide upon for the UKBA:-

 

  • 1. That you are legally married to eachother (marriage certificate)
  • 2. You are present and settled in the UK (eg. Passport, proof of accommodation)
  • 3. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
  • 4. You can support each other withoutthe need for public funds (bank statements, evidence of income)
  • 5. You have suitableaccomodation 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 (tenancy agreement, land registry docs if you your own home)
  • 6. That neither of you are younger than 21 years of age. (birth certificates, passports)

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

 

There is also the possibility that the UKBA may not grant a visitor's visa because they suspect she may attempt to apply for a permanent stay when here visiting.


In my view, if the ultimate aim is for her to obtain a spouses visa then you should apply for this as soon as possible and this may be by an applicaiton being prepared here in consultation with you in this country and her in Brazil and then sending it to her to submit to the Embassy.

 

Your wife 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



Edited by T_Graham12 on 10/11/2010 at 4:02 PM EST
Thomas, Solicitor
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