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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 am a UK Citizen and have met a lady online who currently

Customer Question

I am a UK Citizen and have met a lady online who currently lives in Brazil.

We have been chatting on Skype for the last few months and now she would like to come and visit me in the UK to which I have a few questions:

1) Does she need to apply for a tourist visa to come to the UK, if so how long can she get a visa for?

2) Can she apply for a working visa and if so how long is this for?

2) Can we legally get married in the UK before the tourist visa runs out? If so would she then be able to stay and work in the UK?

3) If we got married in Brazil and then came to live in the UK, would she be able to stay and work?

4) If we didn't want to get married and she outstayed her visa could we get married at a later date even though her visa is not valid?

Thank you
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If she is a Brazilian citizen and simply wishes to visit the UK for a period of up to 6 months the she would not require a visa. Provided the immigration officers do not suspect that a breach of the immigration rules will occur when she lands then she will be granted a visa.

So, provided that she does not confirm that she is here to settle with you and simply for a visit and has enough money to meet the costs of the stay she will be let in. You can check yourself here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/do-you-need-a-visa/

Working visas are very restricted. Unless she has access to considerable funds to invest in the UK (ie.£200, 000.00) then the usual form of work visas is a Tier 2 Sponsored Skilled worker visa. However, for this she would need a job offer from a UK employer licensed to sponsor for these purposes and also meet the other (very restrictive requirements) which are detailed here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/


There is nothing legally preventing you marrying whilst she is here on a visitors visa. This means that a registrar will marry you provided you can both prove your identities. However, if this is the purpose of the visa then she should really apply for a Marriage Visitor’s Visa and if she does not then it may cause problems getting further visas
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/marriage-cp/

She would also not be able to apply for a spouse visa without leaving the UK because this is not permitted under visit visas and the UKBA are very strict on this.

If you marry in Brazil then she would have to apply for a spouse visa in order to come here, settle with you and work. If this is what she will do then she will need to apply for a spouses visa (ie. Settlement) if he is to come here to settle with you permanently.

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• 1. That you are legally married to each other
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 5. 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
• You must meet the financial requirement:-
• http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
• Further guidance:-
• http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

• Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from UKBA's website.


You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

If she overstayer her visa then you could still marry in the UK but they overstay would cause problems in getting a spouse visa, so it’s not really worth it.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.
Hi Tom,

Thanks for the quick reply.

A few questions from your responses:

1) You say that that she doesn't have to apply for a visa if she wants to come here for 6 months which is good news but what if after the six months we decided we wanted to get married, can she go back home to Brazil and then apply for a Marriage Visitor’s Visa to come back to the UK?

The reason I ask is that I don't want to marry someone after knowing them for just six months.

2)You say that there is nothing legally preventing us married whilst she is here on a visitors visa. If we do, does that mean she will be able to stay and importantly be able to work here?

Thank you
Expert:  Thomas replied 1 year ago.
Hi,

1) She could but she would have to wait a further 6 months before applying for it. This because no visitor may spend more than 6 months in any 12 month period in the UK.

2) That is precisely what I DON'T mean. Whilst you would be physically able to get married whilst in the UK on a visitor's visa she would not be able to switch (whilst in the UK after marriage) to a spouse visa. She would have to return home to apply for a spouse visa from there and even then I would caution against marrying in the UK whilst visiting unless she has a marriage visitor's visa.

Please remember to rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6390
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Tom,

Sorry still confused the visa. So if she applied for a marriage visitor's visa in Brazil and then came to the UK and we got married would she be able to stay and work?

Thanks

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

Hi Tom,


 


A few more questions from your reply:


 


1) If she applied for a Fiance visa could she then apply from the spouse visa in the UK or will she need to go home to apply for it?


 


do you have a link for details on the Fiance visa?


 


2) If I went to Brazil and married her there would she then only need to apply for a spouse visa to come and stay and work in the UK with me?


 


Thanks

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

Great, thanks for the answers.


 


Do you know how long certain visa applications take or is that a "how long is a piece or string question" ?

Expert:  Thomas replied 1 year ago.
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