Girlfriend wants to revisit UK - visitors / fiancé visa?

[Cops the C]

Hi there,

I met my girlfriend in September last year when she visited the UK from Brazil. This was near the the end of her six month visa so we only had about 5 weeks together. We keep in touch on the phone and online and would like to be together again so we can continue our relationship but we’re not sure which is the best way for her to revisit.

She has suggested coming as my fiancé but obviously it’s not long since we’ve met and ideally we’d want to see how things work out first.
Is she likely to be given a visitor’s visa so soon after leaving the UK?

Any suggestions would be very welcome.

[sakura]

If she is a Brazilian national, she doesn't need a visa. I can't be certain that she can enter the UK (after leaving in October, after staying for 6 full months), and I don't know how her first (very long) visit would be viewed (I for one would be suspicious of someone 'visiting' for six months). However, this doesn't mean an automatic refusal of entry. If she mentions you (i.e. that she is here to visit her boyfriend) then she might likely be refused on the grounds that she is seeking to settle in the UK rather than visit.

The fiancee visa is just that - it is a visa that allows you to marry in the UK. If she applies for this without the intent of getting married, it could create serious problems if the two of you do decide to get married for real and apply for it again. I won't advice that she applies for this unless you really are going to get married.

[drjabberwocky23]

I think Sakura has answered the question already, but I would add the following:

Is it possible for your girlfriend to come over to the UK in another category?
e.g. Tier 1 or Tier 2, etc.?
Could you visit her in Brazil? This might give you time to get to know her better before considering the Fiancee Visa scheme...

[Nowty]

My girlfriend is also Brazilian, she visited me as a visitor with me sponsoring her, no problem. You need to send her a sponsorship letter, return ticket and be at the airport to meet her with your payslips, bank statements, evidence of accomodation and other evidence like photos of you together. Not mentioning you is a very bad idea, she risks being refused for attempting to enter the UK by deception. Visiting your boyfriend is a valid reason for a visit and by making something up will probably sound very fishy.

She also needs to wait the full 6 months away from the UK until she attempts to travel here otherwise she will exceed the more than 6 months in any 12 rule on entering and is liable for refusal. She also needs to be very clear to the IO that she is not here to work and that she will return at the end of her visit.

Her other option if not eligiable for Tier 1, is a student visa for an English college. I sponsored my girlfriend to improve her English and she has been with me for 20 months on this and she be eligiable to apply for an unmarried partner visa in July. We were open and honest about our relationship from the start but we were also very clear that we would honour the immigration rules to the letter.

[INSIDER]

Other important factors to consider before she thinks of coming back so soon are;

(1)what are her circumstances in Brazil?
(2) Does she work?
(3)Does she have a reason/reasons to return to Brazil at the end of her visit to the UK?
(4) An IO would also be most interested in knowing what she was doing in the UK on the previous six month visit.
(5)How did she provide for her day to day expenses on that occasion?

[Cops the C]

Other important factors to consider before she thinks of coming back so soon are;

(1)what are her circumstances in Brazil?
(2) Does she work?
(3)Does she have a reason/reasons to return to Brazil at the end of her visit to the UK?
(4) An IO would also be most interested in knowing what she was doing in the UK on the previous six month visit.
(5)How did she provide for her day to day expenses on that occasion?

Thanks to everyone for their comments.

I can confirm:
1/2. She's currently working in Brazil at an Estate Agency, which is what she did before she originally came to the UK - I don't know if this job (Salesperson) is included in Tier One?
3. She has a daughter in Brazil who is currently looked after by her mother.
4/5. She visited friends in the UK, providing babysitting and housework in exchange for board and lodgings.

How will this stand her?

[sakura]

Other important factors to consider before she thinks of coming back so soon are;

(1)what are her circumstances in Brazil?
(2) Does she work?
(3)Does she have a reason/reasons to return to Brazil at the end of her visit to the UK?
(4) An IO would also be most interested in knowing what she was doing in the UK on the previous six month visit.
(5)How did she provide for her day to day expenses on that occasion?

Thanks to everyone for their comments.

I can confirm:
1/2. She's currently working in Brazil at an Estate Agency, which is what she did before she originally came to the UK - I don't know if this job (Salesperson) is included in Tier One?
3. She has a daughter in Brazil who is currently looked after by her mother.
4/5. She visited friends in the UK, providing babysitting and housework in exchange for board and lodgings.
How will this stand her?

So she was working whilst here? A babysitter is a type of employment (au pair), is it not? A visitor should not engage in any type of economic activity - even babysitting is viewed as working.

If she does come next time, ensure that she doesn't do anything in return for something else (like this)!

[Cops the C]

So she was working whilst here? A babysitter is a type of employment (au pair), is it not? A visitor should not engage in any type of economic activity - even babysitting is viewed as working.

If she does come next time, ensure that she doesn't do anything in return for something else (like this)!

Thanks - I will.

[Nowty]

And make sure she does not mention it to the IO when she comes back to the UK, otherwise she will be admitting to breaking immigration rules the last time she visited.

Having a daughter in Brazil is a very good reason for her to return, so it may actually help. My Brazilian girlfriend also has a daughter living with her mother back in Brazil and it seemed to help convince the ECO that she would return to Brazil when she applied for her student visa.

But make sure she has a good explanation for how her daughter is provided for or else the IO may have suspicion she is here to work illegally.

[Cops the C]

Thank you Nowty.