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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7672
Experience:  UK Lawyer holding practising certficate for England & Wales.
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, my girlfriend is from Brazil, I am a UK born resident, what are the requirements

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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?
Thanks for your question.
Have you cohabited (ie. lived together) for any length of time?
Do you intend to marry?
Kind regards,
Customer: replied 3 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?

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:
Tier 2 sponsored skilled worker visa:
The webpage on spouse visas is here:
The eligibility criteria is here:-
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:-
• 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:-

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,
Customer: replied 3 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?

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
Customer: replied 3 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?

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,
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