How can my girlfriend extend her stay in UK?

HarriRossini · Post by **HarriRossini** » Sat Nov 10, 2007 12:02 am

Hi all,
I met my girlfriend (she's from Brazil and I'm British) in Majorca in June 2006 whilst on holiday. We had a 'long distance' relationship for a while until she finally arranged to get a 6 months vistors visa for the UK (in June of this year). We have been renting a flat together since June and her visa is now due to expire (9 Dec). I have looked at the home Office website for ways she can extend her stay and see that it is possible as 'unmarried partner or same sex partner' to apply for an extension. Because we have only been together as a couple for 6 months I guess this will count against us?

Can anyone please help me out, we are so much in love and it would be hearbreaking to lose her.
Thanks

Wanderer · Post by **Wanderer** » Sat Nov 10, 2007 12:45 am

HarriRossini wrote:Hi all,
I met my girlfriend (she's from Brazil and I'm British) in Majorca in June 2006 whilst on holiday. We had a 'long distance' relationship for a while until she finally arranged to get a 6 months vistors visa for the UK (in June of this year). We have been renting a flat together since June and her visa is now due to expire (9 Dec). I have looked at the home Office website for ways she can extend her stay and see that it is possible as 'unmarried partner or same sex partner' to apply for an extension. Because we have only been together as a couple for 6 months I guess this will count against us?

Can anyone please help me out, we are so much in love and it would be hearbreaking to lose her.
Thanks

Generally it's not possible to extend a VV or switch to another from it.

One thing not clear, r u a same-sex couple?

HarriRossini · Post by **HarriRossini** » Sat Nov 10, 2007 8:36 am

Hi, many thanks for your response.
We are not a same sex couple. I have since read further forums questions and its clear tha immigration is strict on the '2 year rule'. What are our options
eg?
1. Get married (exactly how would this work? - not the marriage - but the immigration side of things.) Say for example we got married before her visa expires - would she then have to re-apply for a differant visa?
2. Could she change her visa to student visa?
3. Would she be better off going home for sometime and re-applying under a differant context?
4. I know this forum is looking at offering advice arond doing things the right way, but If she stayed beyond the end of her visa how would she get caught and what are the penalties?

I really hope someone is able to supply the answers we need, we have left it all a little bit too late and now we face the real possibility of not being together and the thought of that makes us both so sad. Why oh why is everything so complicated!!

Many thanks

Docterror · Post by **Docterror** » Sat Nov 10, 2007 10:55 am

Using your own numbering to answer:-

Once you get married, she will have to apply for a spouse visa from the British embassy in her home country and then come back on it. There is no way she can switch to one in the UK without leaving as she is on a visit visa.
Again, same as above. No-switching is allowed from visit visa to most categories including to a student
Can you please be more specific?
The dumbest thing I can advice you is to overstay. I cannot stress enough about the ramifications it will have if she was to get caught or for further visa applications.

Post by **John** » Sat Nov 10, 2007 11:26 am

Just to add to what Docterror has posted, your girlfriend cannot get married in the UK unless she obtains a CoA ..... a Certificate of Approval to Marry .... but even if she was to succeed in getting that, and then marrying, as posted above, she would still need to return to Brazil to apply for her spouse visa there. A no-switching rule was introduced as long ago as 01.04.03 ... the UK Government simply got fed up with the number of visitors switching to spouse visas in the UK .... so whilst BIA do have some discretion, their discretion would only be exercised in truly exceptional circumstances .... for example someone from a small volcanic land and the volcano is currently erupting and it would clearly be unsafe to return.

So the choices, if marriage is contemplated, are :-

She goes back to Brazil and applies there for a fiancÃ©e visa, and after that is granted, she flies back to the UK and gets married in the UK within the 6-month validity of the fiancÃ©e visa, then applying in the UK for a spouse visa. (No CoA would be needed if fiancÃ©e visa held.)
She goes back to Brazil, and indeed you go as well, then the two of you get married in Brazil, then she applies in Brazil for a spouse visa, then she flies back to the UK.
Effectively there is no third option ..... don't even think about applying for a CoA ... there is simply not enough time to get it, and then to get married in the UK, prior to the expiry of the current visitor visa.

By the way, simply looking at cost of visas, a marriage in Brazil is cheaper, because it would cut out the cost of converting the fiancÃ©e visa into a spouse visa in the UK. However visa costs are just one issue, because there is also the cost of your fares to and from Brazil, if the marriage is to happen there.

All that said, you and your girlfriend might prefer to get married in Brazil? In front of all her family?

HarriRossini · Post by **HarriRossini** » Sat Nov 10, 2007 2:17 pm

Many thanks for all this incredibly helpful advice - although I guess it means she will have to go back to Brazil when her visa expires!

Post by **John** » Sat Nov 10, 2007 2:55 pm

I guess it means she will have to go back to Brazil when her visa expires!

Well actually, before her visa expires! She should leave the UK no later than the expiry date printed on the visitor visa.

So what are the future plans now? Or are the two of you still discussing that?

HarriRossini · Post by **HarriRossini** » Sun Nov 11, 2007 4:04 pm

We are still discussing our options - but we love each other and want to be together.

Nowty · Post by **Nowty** » Sun Nov 11, 2007 5:31 pm

I am in a similar situation myself, I am British with a Brazilian girlfriend. My girlfriend came here originally on a visitor visa, so she had to go back to Brazil to apply for a Student visa (sponsored by myself) to come back and study English. Its not easy getting the SV and her first one was refused, I cant tell you how much info we had to send for her second application.

We have now been living together nicely in the UK for over a year and she should be able to apply for settlement as an Unmarried Partner from next July / Aug.

I cannot stress enough about heading the warnings of overstaying, you may seriously wreck all hope of ever being together in the UK if she does.

You could try going for a weekend away in Paris or take a cross channel booze cruise day trip before her visa expires, she might get lucky and get another 6 month visitor stamp on returning. That happened to my girlfriend when she visited me last year on the visitor visa. However she did have a return ticket showing she was leaving the UK within a couple of weeks of re-entering and she still got a hard time over it at immigration control. And when we mentioned she was coming back to see me at Xmas (4 months later) the immigration officer nearly exploded.

As her visa is about to expire does she already have a return ticket ?

HarriRossini · Post by **HarriRossini** » Mon Nov 12, 2007 10:52 am

Hi there,
She hasn't as yet arranged her return ticket - we were hoping there would be a way that she could stay. If we were to pop over to France and then return with the hope of getting another 6 months as a visitor what are the chances of being successful? - Is this simply down to luck of the draw?

If she returned to Brazil and looked at getting a Student Visa, how long can this process take?

And what would happen if she returned to Brazil - 'lost' her passport (and therefore all evidence of ever being in UK) applied for a new passport and then returned to UK - I guess she would get another 6 months VV?

SYH · Post by **SYH** » Mon Nov 12, 2007 10:57 am

HarriRossini wrote:Hi there,
She hasn't as yet arranged her return ticket - we were hoping there would be a way that she could stay. If we were to pop over to France and then return with the hope of getting another 6 months as a visitor what are the chances of being successful? - Is this simply down to luck of the draw?

If she returned to Brazil and looked at getting a Student Visa, how long can this process take?

And what would happen if she returned to Brazil - 'lost' her passport (and therefore all evidence of ever being in UK) applied for a new passport and then returned to UK - I guess she would get another 6 months VV?

No, don't play that game with uk immigration, they aren't stupid
~what is the big deal in returning to brazil you can't be apart for a week?

HarriRossini · Post by **HarriRossini** » Mon Nov 12, 2007 10:59 am

Sure we can be apart for a week, but any process we undertake takes longer than a week - or have I missed something?

SYH · Post by **SYH** » Mon Nov 12, 2007 11:02 am

HarriRossini wrote:Sure we can be apart for a week, but any process we undertake takes longer than a week - or have I missed something?

dont be so literally
what do you think you have missed?
just play be the rules
otherwise you will get tripped up

Docterror · Post by **Docterror** » Mon Nov 12, 2007 11:20 am

HarriRossini wrote:And what would happen if she returned to Brazil - 'lost' her passport (and therefore all evidence of ever being in UK) applied for a new passport and then returned to UK - I guess she would get another 6 months VV?

The terrible thing about that ploy is that almost everyone with half a brain and want to escape the Immigration system would considering "losing" their passport and many have as well. This inturn has made the "loss" of a passport become to the ECO the equivalent of a red rag to a bull and send all the wrong bells ringing when someone with such a story applies.

HarriRossini · Post by **HarriRossini** » Mon Nov 12, 2007 11:32 am

I really do appreciate all your replies and advice. Many thanks all!

Nowty · Post by **Nowty** » Tue Nov 13, 2007 12:52 am

Our experience of the Student visa turnaround (Brazil) is pretty quick, about 2 or 3 weeks.

But you need tons of info, much more than whats on the UK Visa website as we sent all that in and she was initially refused on about 6 different grounds and made her out to be the most illegal person ever. She got it at the second attempt.

I was her sponsor and was very honest about our relationship (as advised by the IAS) but we said that although we wanted to stay together long term, we had not made a decission on whether that would permently be in the UK, Brazil or a third country. In that way they might not turn her down on not having an intenstion of leaving the UK.

Some things in additon to the standard items which were necessery,

1) We sent a letter from the college saying that almost anyone is capable of doing the course. And also that they could teach at any level from complete beginner to advanced (Because they refused her on not being able to follow the course).

2) She sent in her old school certificates to prove she was not illiterate.

3) She sent a letter from her employer saying he would keep her job open for her for 6 months (to show she had a job to go back to).

4) Copy of her grandmothers house deeds (to show she had a somewhere to live if she returned to Brazil).

5) Birth certificate of her 14 year old daughter to show that she had a daughter to return home to.

6) Copies of her mothers bank statements which showed that she received soem maintenance payments from daughters father. (to increase her economic standing).

7) I made her a second card holder on one of my credit card card accounts (you can do this without her even being resident in the UK). This gave her access to significant funds, therfore increasing her economic standing.

I gave a commitment to pay her Â£200 a month allowance on top of all air fares, travel, college fees, etc.

9) I sent evidence of my accomodation showing that she would have somewhere to live whilst she was here.

10) I sent some photos of us together to show that we were in fact in a relationship so I had a valid reason of being her sponsor. This also helped to show that she would have good reson to follow an English course. (this was another reason for being refused.)

11) We also made it clear that the main reson for the English course was to improve our relationship through better communication. (as another reason for refusal was unproportional economic benefits of the course compared to its cost).

HarriRossini · Post by **HarriRossini** » Tue Nov 13, 2007 1:57 am

So we have agreed on the marriage option (sometimes the quick decisons are the best) -if we got married rather quickly (eg before visa expiry date in Dec) and she then left before visa expiry, can you explain what would then need to happen for her to come back to the UK?

Post by **John** » Tue Nov 13, 2007 8:58 am

I refer you back to my post last Saturday :-

3. Effectively there is no third option ..... don't even think about applying for a CoA ... there is simply not enough time to get it, and then to get married in the UK, prior to the expiry of the current visitor visa.

No ability to get married in the UK prior to the expiry of the current visa.

HarriRossini · Post by **HarriRossini** » Tue Nov 13, 2007 12:15 pm

Hi all, thanks again for continued advice. Just to get this straight in our minds can you guys confirm my understanding is correct

1. She leaves before visa expiry
2. She applies for a fiance visa in her native Brazil
3. This is valid for 6 months and during this time we marry in the UK
4. She can then convert her fiance visa to a spouse visa and stay indefinately.

A couple of questions we have.
1. What will we need to apply for a fiance visa?
2. Do I need to be present in Brazil when applying for fiance visa
3. After we have got married in the UK, does she need to return to Brazil to get the spouse visa or can she apply while we are in UK

Wanderer · Post by **Wanderer** » Tue Nov 13, 2007 1:51 pm

HarriRossini wrote:Hi all, thanks again for continued advice. Just to get this straight in our minds can you guys confirm my understanding is correct

1. She leaves before visa expiry
2. She applies for a fiance visa in her native Brazil
3. This is valid for 6 months and during this time we marry in the UK
4. She can then convert her fiance visa to a spouse visa and stay indefinately.

A couple of questions we have.
1. What will we need to apply for a fiance visa?
2. Do I need to be present in Brazil when applying for fiance visa
3. After we have got married in the UK, does she need to return to Brazil to get the spouse visa or can she apply while we are in UK

1. Documentation, documentation, documentation. It's all on the ukvisas.gov.uk website.

2. No.

3. She can apply for Spouse Visa in UK as soon as she's married. At this point she we be able to work.

Watch out for the visa costs, Â£500 for the fiancee visa and Â£385 for the Spouse visa. Not cheap these foreign birds!

Nowty · Post by **Nowty** » Tue Nov 13, 2007 4:37 pm

And the Â£750 for the Indefinate Leave to Remain after she has been married to you after 2 years. Of course by then it will probably be much more.

VictoriaS · Post by **VictoriaS** » Tue Nov 13, 2007 5:26 pm

Just to say that the Embassy in Rio are VERY picky with spousal visas, so take time to prepare the documentation.

Victoria

HarriRossini · Post by **HarriRossini** » Fri Nov 16, 2007 12:00 am

Thanks to all that have provided information and advice to me. After much deliberation, discussion and a little bit of heart ache, it looks like our current preffered choice is to look at getting some sort of student visa for her, with me as a sponsor - she is leaving at the end of the this month and we will then be working on getting the correct documentation together to get her back over here. If anyone has any further tips or advice for us, then please post here.

Regards

SYH · Post by **SYH** » Fri Nov 16, 2007 12:04 am

HarriRossini wrote:Thanks to all that have provided information and advice to me. After much deliberation, discussion and a little bit of heart ache, it looks like our current preffered choice is to look at getting some sort of student visa for her, with me as a sponsor - she is leaving at the end of the this month and we will then be working on getting the correct documentation together to get her back over here. If anyone has any further tips or advice for us, then please post here.

Regards

Sounds like a good way to be banned forever

HarriRossini · Post by **HarriRossini** » Fri Nov 16, 2007 12:07 am

Thanks for your useful advice......

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How can my girlfriend extend her stay in UK?

How can my girlfriend extend her stay in UK?

Re: How can my girlfriend extend her stay in UK?