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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 34273
Experience:  25 years hight street experience
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I am trying to weigh up the merits of 2 possible paths. 1)

Customer Question

Hi
JA: Hello. How can I help?
Customer: I am trying to weigh up the merits of 2 possible paths . 1) my Brazil GF and myself marrying in Brazil and then applying for visa to live in Uk or 2) to apply for her to marry in the UK , which form would this be ? She has very little evidence of a firm tie to Brazil , she works online in Brazil earning 2000 Reils only per month. Any advise ?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: No
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just the merits of each option , marriage in Brazil or marriage in Uk and any possible barriers
Submitted: 1 month ago.
Category: UK Immigration Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Do you meet the income requirement - and can your girlfriend meet the language requirement for a spouse visa?

Customer: replied 1 month ago.
I am on target to earn greater than 18600 by the end of the tax year 2018, demonstrated by a Uk self assessment tax return.She holds a 5.5 on an IELTS, but I don't believe this is relevant to any application to apply to visit U.K simply to marry
Expert:  Clare replied 1 month ago.

Does she not wish to remain in the Uk after your marriage?

Customer: replied 1 month ago.
of course she wants to live with me in the UK after marriage.It is my understanding that marriage in the UK would not stop.us living together in the UK after marriage in the UK . I am fully aware that she needs to return to.her country after the marriage and then re apply a second visa to return .
Expert:  Clare replied 1 month ago.

In fact you have three options

You can marry in Brazil and then she can apply for a Spouse Visa

She can apply for a Fiancee visa and come to the Uk - get married and then apply for the Fiancee visa to be turned into a spouse visa

She can apply for a marriage visa, return home and then apply for a spouse visa

As a couple you appear to fulfil the requirements of the first two options - although option number two involves paying double fees to the government!

The third option could be problematic as the immigration authorities will take some convincing that she will return after the wedding - and again you have double fees to pay

If this is the option you wish to follow the form is here

https://www.gov.uk/marriage-visa/apply

In the end of course it is a very personal choice

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 month ago.
I am fully aware of the 3 options , but my question is asking about the 'merits' of these 3 options when compared to each other.For example , does marrying in Brazil create more difficulty later in terms of
Applying for the visa to settle in Uk ?Does marrying in the UK make it easier later for the application to settle in the UK at a later stage .The answer doesn't compare the merits of the 2 main options . Please elaborate
Expert:  Clare replied 1 month ago.

In fact I listed the only difference in merit

If you go for the second option you pay two lots of Visa applictaion fees.

There are no other legal differences, advantages or disadvantages.

Socially the issues might be

Would your partner prefer to get married in her home country

If she opts for the fiancee visa then the wedding has to happen within six months of her arrival - and she cannot work until she has a spouse vis

If you opt for the wedding in Brazil you could potentially end up married to someone who cannot come to the Uk for some reason of which you are not aware

It is purely a personal decision

However if you do get married in Brazil do get at least three copies of the Marriage Certificate and an official sealed translation as this will make your life easier in the future