Visa Route for Brazilian Partner/Spouse and our son who now holds British Passport

[broonie73]

Hi All,

A relatively simple query or two, but one I cant easily find an answer for.

We are applying for a Partner / Spouse Visa online for my brazilian wife (We married in April 23) who arrived here in uk with our son (born in December 22), in May 23, both currently have visitor visas. We all arrived on the same flight together.

(We didnt get married due to the birth, as our original wedding plans got mangled by COVID.)

I note we have been in relationship since 2018 but not officially living together due to relevant immigration policies.

Both my wife and son arrived on their respective Brazilian passports.
But, since arrival I have attained a UK passport for my son, this is passing on my citizenship by descent.
My British Citizenship is by birth in UK to UK parents and living here continuously.

Therefore a couple of questions.... (as I dont wish to pay Visa fees of IHS where they arent relevant or without just cause).

Does my son holding a need to be included on the partner visa application for my wife and if so should he be included as a dependent, or non-applying child?

If granted is there a requirement for my wife and son to return to Brazil before returning on the 2.5yr Visa?

If they dont need to return, and my son wont have a visa in his brazilian passport.... Do I need to take any actions to ensure that my son who doesnt need a visa isnt identified as staying beyond the visitor visa duration?

[secret.simon]

If granted is there a requirement for my wife and son to return to Brazil before returning on the 2.5yr Visa?

Not for the son, but yes for the spouse.

One can't switch from a visit visa to a resident visa within the UK. Your spouse will need to return to Brazil and make a spousal visa application from there and need to return with that visa when granted.

Your son, as a British citizen by descent, can remain in the UK. As a British citizen, he does not have any immigration restrictions.

If they dont need to return, and my son wont have a visa in his brazilian passport.... Do I need to take any actions to ensure that my son who doesnt need a visa isnt identified as staying beyond the visitor visa duration?

To the best of my knowledge, no, as he is a British citizen by descent anyway, even if he did not enter using a British passport.

[broonie73]

Many thanks for the speedy response on this. I did have the same opinions after finding a bit more on the internet after submitting query, but needed to hear it from an expert.

Is there a way to speed up the application from outside the country compared the normal 24 weeks?
Can the relevant application be started now before leaving?

or is it a case of curtailing their current visit (current departure is end of October) and return early to Brazil to start the process to move things on quicker...?

[meself2]

Is there a way to speed up the application from outside the country compared the normal 24 weeks?

Not sure about the Priority service possibilities in your chosen location; you would have to do your own research on that as it varies based on VAC (visa application centre).

Can the relevant application be started now before leaving?
or is it a case of curtailing their current visit (current departure is end of October) and return early to Brazil to start the process to move things on quicker...?

You can start the application and submit the form, but the processing won't start unless the applicant has submitted their biometrics in their country of application, which they have to do in person.

[broonie73]

Many thanks for the response.

We will look to complete the form as much as possible before my wife returns to brazil as we cant submit until we know the last day we saw each other (the day she departs).

We understand that she wont be able to travel for visits in the period from application to any granting of visa.

Looking at the VAC's in Brazil it doesnt appear there are any priority services on speeding up the application, but would consider this one uncomplicated so more likely to be bureaucracy will the sticking point.