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Alice H
Alice H, Solicitor Advocate
Category: UK Immigration Law
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Experience:  Partner in national law firm.
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I have a question the question is. My partner, who is Brazilian,

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I have a question the question is. My partner, who is Brazilian, are applying for a fiancee visa. However during the application process she wants to come and spend time with me in the UK. Would she be permitted to come to the UK to visit me while this process was taking place? The UK and Brazil presently have an agreement where no visa is needed whilst coming as a visitor. Many thanks for any help you are able to offer. Anthony
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Have you lodged the visa application?

Has she visited the UK in the past?

Customer: replied 3 years ago.

No we have not actually submitted the application for the visa at this moment. We are just at this present compiling all the documentation that we will need when we actually submit the application.


 


In answer to the second question. Yes she has been in the UK in the past as a Tier 4 student. She completed her studies and returned to Brazil .when her Tier 4 student visa expired

Hi -

Thanks for the additional information. It is true that a Brazilian national she does not need a visa as a general visitor to the UK and can stay for up to 6 months. She would only need to apply for a visa if, for example, she has a criminal record so her suitability has to be assessed.

She can certainly travel to the UK as a general visitor but may be questioned at the port of entry about the purpose of her visit. There is no specific rule which prohibits entry but if it becomes clear that her status has changed and she is actually awaiting a fiance visa, then she might not be allowed entry as a general visitor. A refusal would then be detrimental to her application.

Unless travel is absolutely necessary it may be better if she waited until the outcome of her fiance application especially as such applications are presently being processed quite quickly once all the necessary information has been supplied with the application.

Alex
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