How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

, my girlfriend is from Brazil, I am a UK born resident, what are the requirements

Resolved Question:

Hi, my girlfriend is from Brazil, I am a UK born resident, what are the requirements for her to live and work here in the UK?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Have you cohabited (ie. lived together) for any length of time?
Do you intend to marry?
Kind regards,
tom
Customer: replied 2 years ago.

No.. I will be visiting Brazil in April and she will be visiting here in August..As I understand it we will have to prove the reslationship is genuine first so we need to build a case to demonstrate this..Marriage is a possibility but not on the agenda yet...Is the easiest option to apply for fiancee visa in Brazil and marry in the UK within 6 months if we were sure that was what we wanted? are there any other routes we can take without marriage?

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply.
If you do not have a period of cohabitation then you would not be eligible for an unmarried partners visa.
This means that she would either have to apply in her own right independently of you for or apply for a fiance (if marrying in the UK) or spouse visa (if marrying outside the UK):-
Tier 4 if studying: https://www.gov.uk/tier-4-general-visa/overview
Tier 2 sponsored skilled worker visa:
https://www.gov.uk/tier-2-general/overview
The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk
The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility
If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-
• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
• You would also have to show that you meet the English language requirement:-
• https://www.gov.uk/join-family-in-uk/knowledge-of-english

You have to produce to the Home Office documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

Obviously, if you are not married outside the UK before she applies then you would also have to prove that you intend to marry in the UK witnin 6 months of here coming here.
She would not be able to work here whilst on a fiance visa but would be able to work once she has switched to a spouse visa.
Kind regards,
Tom
Customer: replied 2 years ago.

Does this mean she would not be able to work for a minimum of two years and we would have to co-habit for this period and I would have to financially support?

Expert:  Thomas replied 2 years ago.
Hi,
If you married and applied for a spouse visa and were successful then she would be able to work immediately.
If you decided to marry inside the UK and she applied for a fiance visa, then she would be granted a 6 months visa in order to marry you here. She would not be able to work during the 6 months but once married she would have to apply to switch to a spouse visa. Once she has switched to a spouse visa she could work immediately.
I assume this is what you are asking about.
Kind regards
Tom
Customer: replied 2 years ago.

But would we have had to co-habit for any length of time or just prove the relationship was genuine and provide evidence before being granted a visa to get married?

Expert:  Thomas replied 2 years ago.
Hi,
No cohabitation period is required, but you do have to show that the relationship is genuine and credible if you apply for either a spouse/fiance visa.
You do this by setting out the chronology of your relationship and providing documentary evidence of what has happened during this time.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and 4 other Immigration Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    931
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    931
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    832
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    118
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    35
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm
 
 
 

Related Immigration Law Questions