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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7724
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My fiancé is Brazilian working in the UK on a Tier 5 visa

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My fiancé is Brazilian working in the UK on a Tier 5 visa for Voluntary Charity workers. We want to get married and would have to apply for a spouse visa. We don't use social media apart from messaging, so would not posting about our relationship have any effect on a visa decision?

Hi

Thanks for your question. I will try to help.

It is not a legal or documentary requirement that you must have social media profiles to use as evidence in order to apply for a spouse visa.

The criteria is that you must be able to show that the relationship is genuine and credible and although social media can be useful in proving this, it is not in and of itself absolute proof of your relationship.

Provided that you are able to show with other evidence (eg. Emails/texts, photos, receipts of time spent together) that your relationship has been genuine and credible over a period of time then the fact that you may not have a social media presence will not prevent you from being regarded as having a genuine relationship.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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Customer: replied 5 months ago.
Thanks. I'm confused how to go about getting married to my Brazilian fiancé. She is here on a Tier 5 visa. Do we get married first and then apply for a spouse visa or the other way round? We both want to stay in the UK.

Hi,

How long was her original tier 5 visa granted for please?

Tom

Customer: replied 5 months ago.
Originally from August 2016 to July 2017. She then returned to Brazil for two months and now has a new visa valid from September 2017 until August or September 2018

Okay. The requirement to switch is that your visa must not be for 6 months or less, so I think you're okay to switch from her current visa to a spouse visa provided that she meets the eligibility criteria.

In the first instance, I would suggest that you book a consultation with a local immigration solicitor so that they can assess your eligibility based on your documents, in particular in relation to the financial requirement.

The eligibility criteria is here:

https://www.gov.uk/uk-family-visa/partner-spouse

If they confirm that you meet the criteria and that your documents prove this then you can conisder marrying and then switch to a spoues visa from within the UK

Tom