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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Good evening, my name is ***** ***** 45years old Italian resident

Resolved Question:

Good evening,
my name is ***** ***** 45years old Italian resident in London since 2001.
I have started to work full time since I moved in London with my daughter which at that time was only 5 years old. I bought my own house in 2003.
I have met my actual boyfriend in Rome (actually we have been friends for more then 15 years!) when we found both divorced one year ago.
Now.. the problem is that he was born in Rio de Janeiro and he has Brazilian nationality, even if both of his grand grand mothers were Italian.
His ex wife and the 2 younger children live in Rio, the oldest daughter lives in Rome.
He has been in this year here in UK at my house 3 times for maximum 3 months each time coming as tourist.
This time is coming for 5 months.
We are going to get married hopefully before the end of this year but I need to precise that having our families in 3 different countries, we are not planning to stay in UK but very possibly we will move to Rio or Rome.
My question is : is he in need to provide any documentation or request a special Visa to be with me those 5 months ?
What shall I write in the invitation letter that he can show going through the airport checks if the Customs officer will ask him questions ?
Please help me because I don't know to ask this information to !
My email is *****@******.***
Thank you in advance
kindest regards
Emma
The question now is
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Do you intend to marry during his visit to the united kingdom?
Kind regards
Customer: replied 2 years ago.

Hi,

my boyfriend is coming end of March and he will go to see his family in Rio in August.

We would like to get married in Rome where all my family lives and his older daughter too

so we will have to arrange for his 2 other children to come to Rome to be at our wedding.

We do not have any problem in Italy, my boyfriend has a permanent visa.

I don't think we will manage to get married by august unless this will make our life easier in London because of the immigration law and so.

Sorry I know is complicated, hope you can help

thanks

Emma

Expert:  Thomas replied 2 years ago.
Hi Emma
Thanks for your patience.
As a Brazillian citizen, he can attempt to enter the UK without applying for a visa beforehand. When he arrives at the airport in these circumstance he would normally be granted 6 months leave to remain for the purpose of a visit.
However, although this is generally the case this right is technically discretionary which means that the entry officers can refuse entry if they consider that it is possible that a breach of the immigration rules will occur. So, if they are aware that you are in a relationship with him then it makes it a bit more likely that he may be refused entry.
If you want to be certain then I would suggest that he applies for a visit visa before he travels. If you will support/accomodate him during his stay then I would attend a local solicitor and ask them to draft a sponsorship declaration in which you state that you will pay the cost of any unforseen expenses that should occur during his stay. You would also confirm and clarfy your plans, expressing that under no circumstances do you each intend to remain the UK and that he will leave before the expiry of visa. You would also enclose documentation proving your ability to support/accomodate him (eg evidence of property ownership and the money you have available.
Provided that he gets his visa beforehand then he will almost certainly be granted entry.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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