Brazilian girlfriend moving to UK

[Cops the C]

Hi all,

I wondered whether anyone might be able to offer any advice on me and my girlfriend's situation?

We met two years ago when she was visiting the UK. Unfortunately her visa was nearly expired so she had to go back to Brazil. We wanted to continue the relationship but obviously having only known each other briefly were not ready for marriage, and she applied for a student visa, but it failed.

So then she travelled to Italy from Brazil where she has a friend, has been able to stay as a visitor for some time. I visited her there a few months ago, and we're ready to make a commitment.

I think the fact that she was refused a student visa for the UK will mean it will be very hard for her to come across again, is this right? I think even if I invited her as a prospective spouse it may be hard.

I think I read somewhere under European law, it would be possible for her to accompany me into the UK if we married in Italy, does anyone know anything about this?

I'd be grateful for any advice, as we'd prefer to live together in the UK rather than Italy.

Thanks,
Ben

[meats]

Hi all,

I wondered whether anyone might be able to offer any advice on me and my girlfriend's situation?

We met two years ago when she was visiting the UK. Unfortunately her visa was nearly expired so she had to go back to Brazil. We wanted to continue the relationship but obviously having only known each other briefly were not ready for marriage, and she applied for a student visa, but it failed.

So then she travelled to Italy from Brazil where she has a friend, has been able to stay as a visitor for some time. I visited her there a few months ago, and we're ready to make a commitment.

I think the fact that she was refused a student visa for the UK will mean it will be very hard for her to come across again, is this right? I think even if I invited her as a prospective spouse it may be hard.

I think I read somewhere under European law, it would be possible for her to accompany me into the UK if we married in Italy, does anyone know anything about this?

I'd be grateful for any advice, as we'd prefer to live together in the UK rather than Italy.

Thanks,
Ben

She could accompany you under one of the EEA visas if you exercise treaty rights in an EU country (not the UK as you're a UK national i'm guessing). This would mean you either working or studying for 6 months abroad.

You can however get married in Italy provided that you meet whatever the marriage criteria is for Italy, ie both have to be present for more than x days before getting married. You can then apply for a spouse visa for her which doe NOT take into account her student visa rejection. You just have to prove that the relationship is genuine and that you can support her, ie accomodation, job, savings etc.

[Casa]

And you both have to be over 21 at the time of application.

[Cops the C]

Thanks a lot Casa - that must be what I heard about, do you have any links to details of these treaty rights? And yes I'm a UK national and we're both over 21.