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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hello, my son is going to marry to Brazilian girl, who was

Resolved Question:

Hello, my son is going to marry to Brazilian girl, who was study here for 3 years and now she has visitor- visa. What should they do after their marriage, should se go to Brazil and apply from there for naturalisation or should they apply from here and how? Thank you
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Thomas replied 4 years ago.
Hi

What nationality is your son please?

Tom
Customer: replied 4 years ago.


My son is British citizen

Expert:  Thomas replied 4 years ago.
Hi

Thanks. There's a salary threshold, does your son earn in excess of £18600 per annum rrom salaried employment?

Kind regards

Tom
Customer: replied 4 years ago.


no he earned about 12000

Expert:  Thomas replied 4 years ago.
Right. What visa is his fiance on and is there any possibility that she could extend the visa?

Tim
Customer: replied 4 years ago.

Her mum and brother living here, and she get visa for 6 month as a visitor, there get married at 30 .09 and she still got her visa as a visitor for 5 month, but we want her to live here with our son, how to apply for naturalisation

Expert:  Thomas replied 4 years ago.
Hi

Drafting your answer now

Tom
Expert:  Thomas replied 4 years ago.
Hi

There our problems here.

In order for her to naturalize as a uk citizen as a result of being married to your son she would first need to apply for a spouse visa. She would then have to remain on this visa for a period of 5 years and then apply for indefinite leave to remain. What she has obtained indefinite leave to remain she can supply for naturalization as a british citizen provided she meet the criteria on the following page:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/


There are difficulties with this in the current circumstances. The first problem is that there is a financial requirement to be eligible to apply for a spouse visa. Unless a person has savings of a considerable some then the usual way that they would meet the financial criteria Is by demonstrating that day and more than £18600 per annum from employment or self employment.

You can see the eligibility criteria for a spouse visa here:

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

The financial requirement is examined in more detail on this link, together with the policy guidance link at the top right hand side of the page:

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/

The difficulty is that your son and below the salary requirement. Therefore, unless you have cash savings which she has held the morn 6 months then he does not meet the financial requirement. If you let me know how much savings he has all will be able to have that I can advise whether this is sufficient in addition to the employment that you already ends.

The financial requirement is very controversial, you may have heard about it. However, if a person does not meet it then the application will be rejected at the present time. Unless he is able to meet the financial requirement that he will have to wait until he can bring his salary level up to the required amount, or until the criteria itself is challenged or repealed. It eventually will be repealed, but it will take some time,

Once your son meet the financial requirements that he should be able to apply.

The second difficulty is that she is currently on a visitors visa. The conditions of this visa are that she must not apply for an extension or to switch into another category a visa. This means that she would have to return to home country to submit an application for a spouse visa from her home country.

If your son is not likely to be able to meet the financial requirements in the near future then you may consider examining whether she would be eligible to apply for another category of visa. This would usually be a student visa to study, or a tier to sponsored skilled worker visa if she is planning to work but this can be complicated because you need an offer of sponsorship from employer based in the united kingdom.

There is a loophole available so that she would not have to meet the financial requirement, but this requires that bed she and your son relocate to european economic area member state and exercising treaty rights by working there for about 4 months. If it is possible please let me know when I shall advise further.

I am very sorry that I could I have better news for you.

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Kind regards

Tom


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