Please Advise

[bpswain26]

Hello All,

Im a 26 year old English citizen who has a Brasilian girlfriend, weve been together for 3 years, but have only lived together for 6 months. I have been living in Brasil for the last 6 months but due to my mum being diagnosed with terminal cancer i have to return asap. My girlfriend has been in England 3 times, all 3 times on a student visa , the last one was for her masters which she passed and completed in Dec 2005. There is a possibility of her getting a student visa again, but I have heard that from Jan 2007 married couples should have been married or lived together for 5 years. We are not married yet but inted to next year, if this new law is true we will have to get married before january. Could somone please advise, and how long does it take to sort out visas for spouses?

Thanks for any help!

[Marie B]

I have heard that from Jan 2007 married couples should have been married or lived together for 5 years

Before what?? They apply for Indefinate Leave to Enter/Remain/Spouse visa? Where did you hear this, reputable source?

If you want to find out about spouse visas have a look on:

http://www.ukvisas.gov.uk

Information about how to apply, what you need to submit, processing times, fees, downloadable application form. And no mention of a 5 year requirement. The Home Office advertises all policy changes on its own website, has info about the immigration rules, and what to do once you are here and want to apply for the next stage. Once again no mention of a 'new' 5 year requirement. They are at:

http://www.ind.homeoffice.gov.uk

Have a read up of what your options are.

[Administrator]

.

You can get a fiance visa, valid for 6 months. You need to be married before that expires, at which time you can get the spouse visa. Make sure the fiance visa doesn't run out before the spouse visa gets approved.

There is no 5 year waiting period for spouses to enter.

Best if you can get a quick, legally documented civil marriage recognized in Brazil and by the UK embassy there; avoid the entire fiance & student visa route. You can plan and have the 'Big' formal wedding later.

If you both agree to this method ...

Gather all documentation that you have showing you have been domiciled together as partners intending to be married, for the longest time possible to document. The longer the better. Such proof can help you in several ways, no matter which route you decide on.

Contact the UK embassy where you are and explain you have an immediate, emergency need to visit the UK for a family medical crisis. This will help a bit in trying to get some parts of this expedited. Being able to document it will help; ask the embassy what documentation they need.

Sorry to hear about your mom! I hope she is able to enjoy her remaining time, peacefully and without undue pain. I've been through this with a couple of friends now.

Strength and luck to you and your family.

The Admin