Some guidance for me and my fiance(overstayer), getting married next month

[Lobster]

Hello,

I’ve searched a lot through the forum and decided to post to seek some guidance from anyone with the knowledge or experience of a similar situation.

I am a British citizen and my partner is a Brazilian.

She entered the country first in March 2023, then left in May 2023 for a couple of days visiting Belgium, then returned to the UK

Her tourist visa expired in November 23

We met in September 2023, and have been living together since January 2024.

She had originally intended to return to Brazil in November, and had a flight booked, but cancelled the ticket when we met and our relationship bloomed.

We are now engaged, and are getting married 14th August in Gibraltar.

We want to correct this situation of overstaying 9 months. She has not worked in this period, I support her financially, and we do not depend on any benefits.

Our intention is to marry in Gibraltar, return to the UK for roughly 1 or 2 months(to take the English language test requirement), then travel to Brazil to apply for the Spouse visa from her own country.

When returning from Gibraltar to the UK, with a ticket to Brazil booked, a cover note explaining our intentions(take language test in London, then return to Brazil to apply for Spouse visa), do we stand much of a chance of making it through immigration?

I meet all the conditions for the visa, I also have a 5 year old child(with ex partner) that lives 50/50 with me so I couldn’t move to Brazil.

[Ticktack]

Hello,

I’ve searched a lot through the forum and decided to post to seek some guidance from anyone with the knowledge or experience of a similar situation.

I am a British citizen and my partner is a Brazilian.

She entered the country first in March 2023, then left in May 2023 for a couple of days visiting Belgium, then returned to the UK

Her tourist visa expired in November 23

We met in September 2023, and have been living together since January 2024.

She had originally intended to return to Brazil in November, and had a flight booked, but cancelled the ticket when we met and our relationship bloomed.

We are now engaged, and are getting married 14th August in Gibraltar.

We want to correct this situation of overstaying 9 months. She has not worked in this period, I support her financially, and we do not depend on any benefits.

Our intention is to marry in Gibraltar, return to the UK for roughly 1 or 2 months(to take the English language test requirement), then travel to Brazil to apply for the Spouse visa from her own country.

When returning from Gibraltar to the UK, with a ticket to Brazil booked, a cover note explaining our intentions(take language test in London, then return to Brazil to apply for Spouse visa), do we stand much of a chance of making it through immigration?

I meet all the conditions for the visa, I also have a 5 year old child(with ex partner) that lives 50/50 with me so I couldn’t move to Brazil.

No one can tell you exactly what would happen for sure. But the general idea is that she's obviously overstayed her visa/entry in the UK.
The system would probably have triggered a 10 year ban. Once she leaves the UK, it doesn't matter if she's transiting through or staying for 2 months. They would send her back from POE.
By some miracle, she might just slip through, but I doubt that.
She's better off flying to Brazil from Gibraltar.

Yes, love happens. But also the rules are there for a reason. Not for a selected few.

[Br28016]

Very weak argument that going back to uk to do English test as can be done now (wife did it in UK when on marriage visit visa) before going to Gibraltar or from abroad as most spouse and fiance visa applicants do.

As described, have breached immigration rules and canceled plane tickets previously, coming to UK to do something that can be done abroad anyway, have a plane ticket to leave but have canceled previously so could cancel again, got married abroad so have better chance of avoiding deportation if get into UK. How do you rate your chances with an immigration officer on return ? Not sure if system generates bans automatically, whether need to be caught and issued with a ban letter or whether get when next trying to enter UK after overstay.

On a plus side re-entry bans are not an issue for spouse visa and if left voluntarily think only 1 year.

[AmazonianX]

If voluntary left its akin to clean slate.

[Lobster]

Hi all,

Thank you so much for the advice, I really appreciate the responses.

We have since changed plans, we continue to get married in Gibraltar, and we got a quick slot for the English test booked, which she passed.

So now from Gibraltar she will return to Brazil to apply for the spouse visa in Rio.

I’ve begun the application already, and had to detail the overstay period of roughly 9 months when asked the question about if she had ever stayed beyond a visa before etc.

I assume telling the truth here is absolutely the correct thing to do, since they probably have ways to verify this kind of information? Of course she apologises profusely, she’s a good character, never had any criminal convictions etc.

[AmazonianX]

Hi all,

Thank you so much for the advice, I really appreciate the responses.

We have since changed plans, we continue to get married in Gibraltar, and we got a quick slot for the English test booked, which she passed.

So now from Gibraltar she will return to Brazil to apply for the spouse visa in Rio.

I’ve begun the application already, and had to detail the overstay period of roughly 9 months when asked the question about if she had ever stayed beyond a visa before etc.

I assume telling the truth here is absolutely the correct thing to do, since they probably have ways to verify this kind of information? Of course she apologises profusely, she’s a good character, never had any criminal convictions etc.

It is the right thing to do I.e. declaring it. As she left voluntarily and being truthful, keep up hope that it works out good.
For any questions you may have continue to ask here.