Visa issues for son's Brazilian wife

[teba18]

Sorry that this is so long!!
Our British son is married to a lovely, professional, hard-working Brazilian girl and they have been living over there for nearly 2 years although they met in London where she was studying. They are planning want to visit the UK in a couple of months and applied for a visa for her, expecting it to be pretty much a formality. Now they've been told she might not get it.

After studying in London she applied for a year's work permit which she was entitled to extend for another year. When she made that application, it was turned down because, although she had more than the required amount of money in a joint account with our son, she didn't realise it had to be in her name only. She was told she could re-apply, but this was just before Christmas and, as she was about to go back to Brazil to see her family, she decided to try again after her trip. On re-entering the UK at the beginning of January, as her work permit was due to expire later that month, she was frightened she might be refused entry so entered as a visitor. She was then told that because she had done that, she had forfeited the right to extend her work permit and would have to leave the country when that expired - and she did!
However, in her passport, her application to extend her work-permit is now stamped as having been refused. She has been back twice since then and each time has been stopped at immigration and questioned at length. The last time she was told that, regardless of her (very legitimate!) marriage to our son, this would happen every time she comes to the UK unless she got a visa. Now it's looking distinctly possible her application might be rejected.
Does anyone have any idea why they might turn her down? And if they do, what my son and his wife might do next so that she can at least visit the UK where she now has family?

[Casa]

Who told her she might not get it? An official source, a legal advisor or just someone she knows?
In order for a visitor visa application to succeed she will have to submit strong evidence showing a reason to return to Brazil without overstaying in the UK. This would normally be permanent employment (with a letter from the employer confirming the position will continue when she returns), study, or ownership of property etc. In her situation as her husband is also living in Brazil, she should submit evidence of his employment and their life jointly there.
In the application she should be honest about her past immigration history.
The work permit refusal wouldn't be a reason to refuse the visitor visa, but withholding the information would.

[teba18]

Thank you.
They applied for the visa and have submitted all the required evidence, including a letter from us to confirm who she is, that she will be staying with us free of charge - this in addition to passport copies, utility bill and bank statements from us to prove that we are truly UK nationals and live here permanently. They paid a larger fee so the process could be fast tracked, but have now received a letter saying the visa is being withheld 'pending further invesitigation'.
As it's now only a few weeks until they're meant to be coming, they're both naturally very worried. The other issue is that our son has more holiday entitlement so she's coming for less time and arriving after him so she will be entering the UK by herself.
They've tried to contact the Embassy but no-one will give them any more information. As you say, they both have permanent employment in Brazil and there's absolutely no chance she'll overstay - much as I wish they would!!
I guess we'll just have to wait and see - but time is running very short and it just seems incredible that our son's wife may not be allowed to come to see us.

[Casa]

Did she submit documents to show she has a strong reason to return to Brazil? A letter from her current employer for example?

[teba18]

I'm not sure about what documents/evidence they've given - only that they're sure they gave everything they were asked for. Given they've tried but can't seem to speak to anyone about it, I imagine they have to wait to see if they're asked for anything else.
If the application is declined, do you know whether or not she would have the right to appeal? We're all feeling pretty pessimistic right now about their visit next month - but as the wife of a British citizen, it doesn't seem possible that she could be refused entry to visit her husband's family [i]with[/i] him - or is it?

[Casa]

It is possible I'm afraid, partly due to the fact that a high number of visitors overstay their visas...especially if they have family in the UK. You only have to read through the forum to see how many are overstayers who are now asking advice on how to solve their illegal status, having originally entered on a visitor visa and failed to leave when it expired.
If your daughter-in-law has submitted sufficient information to show she will return to Brazil then she should stand every chance of being issued with the visa. If she was refused she has the right to appeal as she's visiting family.
This link regarding appeals may help from the UKBA website, but hopefully you won't need it.
http://www.ukvisas.gov.uk/en/howtoapply ... s#21760459

[teba18]

Thank you so much for your help. For now I guess we just have to wait and keep our fingers crossed!

[Casa]

Hope it all works out well for you and is sorted quickly.

[teba18]

My daughter-in-law is still waiting for her visa and they are meant to come to the UK in 2 and a half weeks time! They paid an extra fee for the visa to be 'fast-tracked' and it's now nearly 3 months since their application - and she was told she couldn't apply any sooner. Apparently the British Embassy in Rio de Janeiro farms out visa applications to a company called WorldBridge and they can't be contacted. The situation now is that my son is going to have to go to Rio (he lives more than 6 hours away) to try to get his own passport back (he had to give his too, to support her application) or he won't be able to visit his own parents in his own country! And it's looking increasingly likely that his wife won't be able to come with him.
I can't believe this is happening! Does anyone know of anyone we might contact in the UK who might be able to offer some help or advice?