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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 821
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Im looking for a second opinion My fiance was recently

Customer Question

Hi im looking for a second opinionMy fiance was recently refused entry to the uk at gatwick airport and put back on a plane to brazil the next day.The reason for her refusal was becuase she had over stayed on 2 previous visits to the uk. she was interogated by border force officers and told them she had worked in uk which was not true. for two years she had been living with me and i had supported her.i was planning on going to brazil next month and getting married there (im a british citizen) then applying for a spouse visa to bring her back to the ukhowever, i went to see a solicitor in london and he thinks i should apply for marriage visa to do the wedding in london. this would be my prefered choice but what i dont want to do is throw away £3,000 (£2k for uk goverment visa + £1k for lawyer to submit my application).i meet the criteria, salary (£40k), own home, british citizen, been with her over 3 years, photos, proof of relationship, etcbut based on this problem she had at Gatwick with uk immigration, what route should i take? go to brazil or bring her back to uk? how likely is the visa to get refused because of her past issues?
Submitted: 4 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 4 months ago.

Hello

Thank you for your enquiry.

The cheaper option would be to get married in Brazil if you can and then apply for a spouse visa from Brazil. Your partner will then be able to join you in the UK. The problem with a marriage visit visa or a fiancée visa is that once made and granted she will still have to apply again for a spouse visa to return to the UK or remain in the UK depending on whether she makes a marriage visit visa or a fiancée visa. So in effect you would pay hefty home office fees twice.

Let me explain further.

A marriage visit visa would allow your partner to come to the UK for a maximum of 6 months for the sole purpose of getting married. Once married she must leave the UK to apply for a spouse visa to join your permanently

A fiancée visa would allow your partner to come to the UK for a maximum of 6 months for the sole purpose of getting married but once married she can remain in the UK to apply for a spouse visa to remain with you permanently.

So for the marriage visit visa and the fiancée visa you end up making two applications and paying two fees. But if you are able to get married in Brazil, she can make a spouse visa straightaway while in Brazil only making one application and paying one fee.

Expert:  frantzgregory replied 4 months ago.

I hope this clarifies the position if so please rate.

Customer: replied 4 months ago.
thanks for the info but what effect do you think her over staying will have on the application? is there a chance they will refuse it becuase of this even though she was with me?
Expert:  frantzgregory replied 4 months ago.

There is always that risks to consider. You would be better off explaining the circumstances.

Expert:  frantzgregory replied 4 months ago.

Please can you rate? I don't get paid for helping you if you forget to rate

Expert:  frantzgregory replied 4 months ago.

If you have any more questions please ask otherwise Please can you rate? I don't get paid for helping you if you forget to rate