Immigrationboards.com

[prezident44]

Hi All

I really need some help with documents required for a spouse visa for my wife coming from Brazil.

Quick history - I am British and she is Brazilian, we met while I was living and working in Brazil in Feb 2008. We have lived together since the end of 2008 although we never had any joint bills and I spent some time in England. We have a son born in Brazil 02/10/09 at the moment he has a Brazilian passport. My work ran out and I had to come back to Britain in order to find a job. Once I had a job and 2 bedroom flat they both came over on a tourist visa and stayed for 5 months, in those 5 months we got married and I now want to apply for a spouse visa for her.

I don't earn much money but it is just enough after rent to meet the required amount I believe.

What docs does my wife need to provide for her visa and which ones need to be certified

Thanks

[Lucapooka]

The child is British so is outside the scope of this discussion. She can't apply for settlement from inside the UK. She will need to return to Brazil. You will need to show a salary of 18,600 to sponsor her application.

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/

[Casa]

Unfortunately, the new regulations introduced on July 9th require you, as the sponsor, to be earning a minimum of £18,600 per annum, or have savings of £16,000 or over. This is regardless of your outgoings.

[prezident44]

[Lucapooka]

[prezident44]

Hi,

I have read through what is needed and I have some questions.

I think we need:

My bank statements for 6 months (no joint account)
A letter from estate agents stating that I rent from them (I do not have a contract it is rolling month to month)
My work contract (although it is an 11 month contract and starts 02/09 before this can provide agency payslips for every week for the last year and a half.)
Proof that we have met - well we have a 3 year old son born in Brazil on a brazilian passport, will his translated birth certificate be ok?
Both our birth certificates (hers translated)
The visa application form & the sponsor form
Our marriage certificate.

Is there anything else that I have missed?

Also my son is automatically a British citizen but he only currently has a Brazilian passport. Is that going to be a problem? I read that if you have dependant children the earnings need to be more than £18600 however not if they are British citizens, does this mean that I am ok on £19500 with a child?

Thanks!

[Casa]

You've missed the A1 English test requirement. Are you intending to apply for a British passport in Brazil for your son?

[prezident44]

[prezident44]

Hi All

I'm still looking for answers to the above - Is my son going to be ok to come with my wife to England on a Brazilian passport?

Also should I get his birth certificate translated to use as proof we have met?

Thanks!

[Lucapooka]

There may be a few questions on arrival and it would make life easier if you were to get a British consular BC before you travel. He will be admitted but they will insist that you to resolve this matter by applying for a passport before he seeks entry the next time.

[prezident44]

[Lucapooka]

Are you travelling with her or meeting her on arrival? If it's the latter you might consider getting a ROA certificate of entitlement for the child (right of abode) at the same time as you apply for the spouse visa. It will make life easier.

[prezident44]

I will meet her here as I work and although I earn enough to meet the requirments I really do not have the money for a ticket to pick them up or an ROA certificate as I just checked the fees. Should I get them to apply for a British passport for him from Brazil?

Being in love with someone from outside the EU certainly is extremely frustrating & expensive..

[Lucapooka]

A British passport would be ideal but it can take a few months. It has to sent directly by the applicant to the Regional Passport Hub in Washington DC; it can't be applied for here in Brazil.

[prezident44]

That';s what I thought but as you say can take some time. What is the worst that could happen if she came on spouse visa with him on Brazilian passport? It's unlikely that they are going to refuse entry for him/both isn't it?

Thanks again for your help.

[Lucapooka]

Nothing bad will happen. They will wag their finger and tell her to sort out his British passport.

[prezident44]

[Greenie]

Can i just check you were born in the UK yourself-assuming you were British from birth as otherwise your son may not be automatically British.

Also i would suggest providing more evidence that your relationship is subsisting- eg photos of you together, evidence of contact when you have been apart,

You don't need to provide either of your birth certificates but you do need to provide a certified copy of your passport as evidence of your nationality.

[prezident44]

Hi

Yes, I was born in the UK to parents born in the UK.

I recentley lost my job so the application got stalled, I think I read that I have to be employed for 6 months now before applying again, is that right? Is there any way around that?

Thanks

[Lucapooka]

If I were you, I would consider visiting the UK with your family. Once you are there you can then have a sudden change of mind, and decide that you want to stay. You can find a job and make any necessary accommodation arrangements. Then, after six months, you wife can return to Brazil to apply for a settlement visa using the evidence that you have amassed over the preceding six months. Entering as visitors is key to this so don't mention that you might be considering anything other than a visit.