brazilian married brit in Oz and wants to move to UK

[missteedee]

My brother met his Brazilian girlfriend whilst travelling in South America in 2012. After living in Sao Paolo with her, they travelled around Thailand, Vietnam, Japan and then went to Australia where they've been for over a year. They got married in Melbourne in June 2015. His wife is there on a student visa and he is there on it as his original 1 year visitor visa ran out and he was too old to be eligible for the extended visa.

Her course finishes in January 2016 and they want to settle in London after that.

What paperwork will they need to complete? How do they do this? Will she need to apply from Brazil as they aren't citizens of Australia? Where can they go to get advice that doesn't cost the earth? How much money will they need to have in their account in order to move here? They have no idea where to start looking for this info, and if they leave it too long, they'll be stuck with no visa for where they live now either.

Also, they want to come to the UK in Sept 2015 for my wedding - will she need to a apply for a visa ahead of time, and if so, how should she do this and how long will it take?

Apologies for so many questions, but I have no idea where to start and the official websites and links on .gov.uk are about as useful as a chocolate teapot.

[Casa]

There are now strict financial conditions attached to a spouse settlement visa. In order to qualify, your brother (as the sponsor) will have to return to the UK, secure employment with annual earnings of at least £18,600 and after being employed for a minimum of 6 months his wife will be able to apply for a spouse settlement visa. Without earnings they would need £62,500 in savings, held in an accessible account for 6 months.
If approved, this will grant her an initial 33 months of temporary leave, after which she will have to apply for a further 2.5 year extension on form FLR(M). After the full 5 year probationary period assuming all conditions are met, she would then qualify to apply for permanent residence (ILR).
The initial visa fee will be £956 + the NHS Surcharge of £600 payable online before submitting the application.
The application can be submitted in Australia as your sister-in-law has legal residence there.
Here's the link to the application info:
https://www.gov.uk/join-family-in-uk/overview

I'm assuming your brother hasn't been earning the equivalent of £18,600 in Australia for the last 6 months?

[missteedee]

Many thanks Casa for your prompt and comprehensive (though rather daunting!) response.

No, my brother hasn't been earning as much as that in Australia, and there's no way that they - or any of the combined families put together - can access and put into one account £62500 for 6 months!!

My brother is a freelance photographer - this means it's unlikely he'd be "securing a job" for a salary, as he'll be busy building his client base, with money coming in sporadically (probably while he lives with me!). How could he prove an annual income of £18,600 under these circumstances?

Does my brother have to be the sponsor? Are there other ways?

What if his wife were to secure a job in the UK (presumably before coming here)? She is far more qualified than he is. Would the company that employs her then become the sponsor, and if so, what are the pecuniary implications for them?

Many thanks!

[Wanderer]

Many thanks Casa for your prompt and comprehensive (though rather daunting!) response.

No, my brother hasn't been earning as much as that in Australia, and there's no way that they - or any of the combined families put together - can access and put into one account £62500 for 6 months!!

My brother is a freelance photographer - this means it's unlikely he'd be "securing a job" for a salary, as he'll be busy building his client base, with money coming in sporadically (probably while he lives with me!). How could he prove an annual income of £18,600 under these circumstances?

Does my brother have to be the sponsor? Are there other ways?

What if his wife were to secure a job in the UK (presumably before coming here)? She is far more qualified than he is. Would the company that employs her then become the sponsor, and if so, what are the pecuniary implications for them?

Many thanks!

Sponsor has to be the spouse, only the British Citizen's salary counts and annual income needs to be via bona fide payslips or if self employed via accounts (and that's a 12 month wait before being able to apply)

Would the wife qualify for a Tier 2 work permit? What's her trade? Usually next to impossible to be sponsored for Tier 2 straight from uni unless very highly skilled and/or having a shortage skill.

Only other possible way is Surinder Singh, google that and ask again here.....

[Casa]

Many thanks Casa for your prompt and comprehensive (though rather daunting!) response.

No, my brother hasn't been earning as much as that in Australia, and there's no way that they - or any of the combined families put together - can access and put into one account £62500 for 6 months!!

My brother is a freelance photographer - this means it's unlikely he'd be "securing a job" for a salary, as he'll be busy building his client base, with money coming in sporadically (probably while he lives with me!). How could he prove an annual income of £18,600 under these circumstances?

Does my brother have to be the sponsor? Are there other ways?

What if his wife were to secure a job in the UK (presumably before coming here)? She is far more qualified than he is. Would the company that employs her then become the sponsor, and if so, what are the pecuniary implications for them?

Many thanks!

If your brother takes the 'self-employed' route, he would have to show 12 months of accounts before submitting the application. He would need to prove annual earnings of £18,600 after business expenses have been deducted. i.e the amount shown his self-assessment on which tax is calculated.
Your sister-in-law could apply in her own right for a work permit if she could find a sponsor. I'll let others who are more knowledgeable on the work permit conditions to advise on this route.
Regarding your query on a visitor visa, she will need to submit strong evidence that she will return to her country of residence (I assume Australia). This could be evidence of her continued studies. As she holds Brazilian nationality she is actually a non-visa national. However if she chooses to enter without applying for a visa, she should carry with her all the documents which would normally be required for a visitor visa application. See this link:
https://www.gov.uk/check-uk-visa/y/brazil/tourism

Edit: Wanderer you beat me to it...thought you might be @ lunch

[geriatrix]

For Tier 2 you need a licensed sponsor to sponsor you for employment in the UK. Not easy unless highly skilled or is employable in the shortage occupations, as already mentioned.

[missteedee]

Thanks folks! This is so helpful. I really appreciate your - very quick - responses!

She isn't fresh out of uni - she was a highly successful marketing executive in Brazil for one of the largest companies (like Unilever) there before upping sticks to be with my brother; she doesn't really need the educational programme she's doing in Oz (it's in Marketing), but it was a useful piece of paper to go for.

So, in lieu of her trade being on the Tier 2 Shortage Occupation List https://www.gov.uk/government/uploads/s ... l_2015.pdf, which of course it isn't, then https://www.gov.uk/family-permit/surinder-singh suggests that they could move to somewhere else in Europe (e.g. Spain or France) and if he had a proper paying job for 3 months, then she could invoke the Surinder Singh action? At least they'd be together for the 3 months which appears to be better than there 6 months they'd have to be apart for him to work in the UK. What are the chances of it working?

This whole thing is draconian! How do all the illegal undereducated people do it??

Re their visit in Sept, my understanding (from following your link) is that a non visa national doesn't need to apply for a visa ahead of visiting the country, but upon attempting to enter the country, may be required to provide proof that they aren't intending to stay. Presumably this could be the return flight to Australia, and an official paper indicating when her course finishes? If she didn't have the right paperwork might they refuse her entry? Would she even be allowed on the plane in Australia?

Thanks again for your help and time - this is invaluable.

[Casa]

Although there have been evidence of some success with the Surinder Singh route with only 3 months in the EU member state, it's risky. Your brother would need to show that he has moved the 'centre of his life' there, integrating into the local community, employment, property rental and registration with the authorities. 3 months residence may be difficult to prove this.

The airline in Oz won't be interested in seeing your sister-in-law's paperwork as long as they can check that she is a non-visa national. Paperwork will checked by Border officers on entry into the UK. She would need to carry evidence of her continued study programme and return ticket.
This link originally posted by fellow moderator, Vinny gives interesting (if not encouraging) info on Surinder Singh
http://www.freemovement.org.uk/home-off ... knows-law/

[missteedee]

Thank you for your help - it's starting to become clear, but my, how disheartening this all is.

They would like to settle here. Her written and spoken English is (are?) excellent - a darn sight better than my brother's Brazilian! and they don't really want to settle in Sao Paolo or Brazil anyway - she is very able and qualified and would be a benefit to the UK taxpayer through working hard at a well-paid job. My brother is an excellent photographer and will do well, but it takes a while to build a client base for something like that. I would expect that she may well be the breadwinner until he's established.

So, my summary of the situation and ways forward are this:

1) my brother comes here and works for 6 months, traceably earning £18,600 pa, leaving his wife ...... where? Australia? Brazil? somewhere else in Europe? (do any of these options make a difference to 1) her eligibility to live here and 2) to the process of applying for visas etc?). After 6 months (can she start the process sooner?) his wife can pay £965+NHS £600 (or whatever the costs are in 6 months hence) and apply for a spouse settlement visa. If granted, this would give her 33 months of temporary leave to come and join her husband. Can she obtain work in this 33 months? Like any other UK resident? After 33 months she will have to pay another £649 (plus an unspecified additional biometric handling fee) to apply for a further 2.5 years. I assume if they have had children born in the UK in the intervening 33 months, they don't have to be included as dependents in the application, as they'd be British? Then after THAT 2.5 years, she can apply for ILR (I presume there's another cost to that?).... If granted, FINALLY, she would legally be allowed to live here with her husband without fear of persecution or deportation!

OR

2) she pursues the avenue of finding a job in the UK and securing a sponsor herself that doesn't require my brother to live here for 6 months without her. If she does this, what are the implications for an employer if they wished to employ her, and what would she need to do to make herself a more attractive employee option to a prospective employer?

OR

3) Surinder Singh. Our Mum lives in Nice. If they moved in with her, had the bills transferred into their name and paid the bills etc and worked there, might this be a viable option?

Thank you again!

[Casa]

Thank you for your help - it's starting to become clear, but my, how disheartening this all is.

They would like to settle here. Her written and spoken English is (are?) excellent - a darn sight better than my brother's Brazilian! and they don't really want to settle in Sao Paolo or Brazil anyway - she is very able and qualified and would be a benefit to the UK taxpayer through working hard at a well-paid job. My brother is an excellent photographer and will do well, but it takes a while to build a client base for something like that. I would expect that she may well be the breadwinner until he's established.

So, my summary of the situation and ways forward are this:

1) my brother comes here and works for 6 months, traceably earning £18,600 pa, leaving his wife ...... where? Australia? Brazil? somewhere else in Europe? (do any of these options make a difference to 1) her eligibility to live here and 2) to the process of applying for visas etc?). After 6 months (can she start the process sooner?) his wife can pay £965+NHS £600 (or whatever the costs are in 6 months hence) and apply for a spouse settlement visa. If granted, this would give her 33 months of temporary leave to come and join her husband. Can she obtain work in this 33 months? Like any other UK resident? After 33 months she will have to pay another £649 (plus an unspecified additional biometric handling fee) to apply for a further 2.5 years. I assume if they have had children born in the UK in the intervening 33 months, they don't have to be included as dependents in the application, as they'd be British? Then after THAT 2.5 years, she can apply for ILR (I presume there's another cost to that?).... If granted, FINALLY, she would legally be allowed to live here with her husband without fear of persecution or deportation! £649 at next extension + £500 NHS Surcharge. Any children born during this time will not be included in the financial calculation. ILR (permanent settlement) after the 5 year period - visa fee is currently £1500 for a postal application (the cheapest option)

OR

2) she pursues the avenue of finding a job in the UK and securing a sponsor herself that doesn't require my brother to live here for 6 months without her. If she does this, what are the implications for an employer if they wished to employ her, and what would she need to do to make herself a more attractive employee option to a prospective employer? I'll let someone with more experience on this route to resond.

OR

3) Surinder Singh. Our Mum lives in Nice. If they moved in with her, had the bills transferred into their name and paid the bills etc and worked there, might this be a viable option? Definitely a good option.

Thank you again!