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Brazilian Partner

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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zebra3
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Posts: 175
Joined: Wed Oct 10, 2007 2:30 pm

Brazilian Partner

Post by zebra3 » Wed Jan 26, 2011 7:55 am

Dear All

I have a question on behalf of a friend of mine:

His Girlfriend aged 27 came to the UK on a visitor’s visa for 6 months in 2007 ish and overstayed it by another 2 and half years. One morning the home office raided the shop where she worked and deported her back to Brazil.

They have been together for about a year and a Half, and he is travelling to Brazil in September 2011 to see her.

His question is:

Can he marry her in Brazil and start the procedure to bring her back at some point?
Or can any one suggest the best way to bring her back as they love

mochyn
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Post by mochyn » Wed Jan 26, 2011 10:27 am

If they marry in Brazil and she applies for a spousal visa the fact that she overstayed will have no influence on the issuance of the visa
Last edited by mochyn on Wed Jan 26, 2011 10:29 am, edited 1 time in total.

MPH80
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Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Wed Jan 26, 2011 10:29 am

Can he marry her in Brazil and start the procedure to bring her back at some point?
Or can any one suggest the best way to bring her back as they love
Yes - he can go to Brazil and marry her - subject to local laws of course.

They would then apply for a spouse visa (around £700) in Brazil showing that they are married, and he can support her without additional public funds, which would give her 2 temporary years in the UK. At the end of those 2 years (assuming immigration rules don't change) she could apply for indefinate leave and then a year later Citizenship.

The standard rules on bans due to deportation/removal don't apply when applying for a spouse visa. However, there is a catch-all rule number 320(11) which allows the ECO to deny the visa if the applicant has seriously frustrated the immigration rules. Overstaying, illegally working and needing to be deported might well come under that.

There is a second option which might get around that rule. Your friend could move to an EU country, exercise his treaty rights for 6 months (working/studying), and bring her over on a family permit. Once she was in on that rule and it was confirmed he had exercised his rights (hence the time frame), then they could return to the UK and live happily under EU rules instead. The road to permanent settlement is longer under this, but it might get around the ban.

Final option - your friend could move to Brazil if he's serious about being with her.

M.

MPH80
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Location: UK

Post by MPH80 » Wed Jan 26, 2011 10:29 am

mochyn wrote:If they marry in Brazil and she applies for a spousal visa the fact that she overstayed will have no influence on the issuance of the visa
Sure - if it was just overstaying ...

Overstayed, illegally worked and had to be deported ... surely a case for 320(11)?

Greenie
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United Kingdom

Post by Greenie » Wed Jan 26, 2011 10:30 am

mochyn wrote:If they marry and apply for a spousal visa the fact that she overstayed will have no influence on the issuance of the visa

unless the ECO considers that she has previously 'contrived in a significant way to frustrate the intentions of the rules' (Immigration Rules Para 320(11)

http://www.ukba.homeoffice.gov.uk/polic ... les/part9/

11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules

Greenie
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United Kingdom

Post by Greenie » Wed Jan 26, 2011 10:31 am

Sorry MPH80 think we were posting at the same time!

zebra3
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Joined: Wed Oct 10, 2007 2:30 pm

Barzilian

Post by zebra3 » Wed Jan 26, 2011 10:37 am

Thank you all Guys for the answers.

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Casa
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United Kingdom

Post by Casa » Wed Jan 26, 2011 2:14 pm

Or use of NHS facilities/treatment while she was here.

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