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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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hello im robin,i married my Brazilian wife nearly 3 years ago

Resolved Question:

hello im robin,i married my Brazilian wife nearly 3 years ago in Bletchley registry office,she was an overstayer as her employer had stopped paying for her works visa,the registry office notified the home office and we never heard from them so we got married.we have contacted the immigration office for a spouses visa and they have said she can only get one if she goes home and applys from brazil,can I ask if this is correct as we would prefer to apply from within the uk,thank you.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello
I am afraid yes, that is correct as she does not have valid leave to remain in the UK, she must return back to Brazil and apply for a spouse visa from there to join you in the UK as your spouse.
Unless there is a very good reason why she cannot return back to Brazil, I am afraid she will find it very difficult to regularise her stay here and in fact may be detained and removed back forcibly as she is an overstayer.
Sorry, but I can only advise you truthfully.
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