UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
Can you confirm that you are a British citizen, have indefinite leave to remain or otherwise state what your immigration status is here?
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:-
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:-
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).