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Returning to the UK, Can she return to the uk

General UK immigration & work permits; don't post job search or family related topics!

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brimahf
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Joined: Mon Apr 03, 2006 5:20 pm

Returning to the UK, Can she return to the uk

Post by brimahf » Mon Apr 03, 2006 5:25 pm

Hi

I'm a uk citizen and I have a brazilian girlfriend. She overstayed in the uk for about a year, her passport was stolen but was able to obtain documents from the brazilian consulate to travel back to Brazil. On her way home she was stopped by immigration at heathrow. They interviewed her for an hour and searched her bags. They new she had overstayed so they copied her documents and let her go but did not tell her anything i.e. deportation. She is looking to come back to the uk to go to school, on a student visa. Can anyone advise if she will be able to come back to the uk? And does anyone have any advise on whats the best thing to do in this situation as well as any other solutions.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Tue Apr 04, 2006 9:47 pm

All she can do is apply for the student visa and see what happens. She has a course to come to in the UK? What sort of course? A degree course, or what?

The overstaying? Never recommended. That will not help an application for a student visa.
And does anyone have any advise on whats the best thing to do in this situation as well as any other solutions.
How developed is your relationship? Is marriage a possibility?
John

brimahf
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Joined: Mon Apr 03, 2006 5:20 pm

Can she return?

Post by brimahf » Wed Apr 05, 2006 11:02 am

She has not yet applied for a course but is now looking into it. She is looking to do a English language course not degree level. As far as the relationship is concerned hopefully we should be looking at marriage early next year.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
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Post by John » Wed Apr 05, 2006 11:24 am

we should be looking at marriage early next year
If that is the case then in the summer she could apply for a fiancée visa. Those are issued for a six-month period, enabling the marriage to take place in the UK any time during that six-month period.

I suspect she will find it distinctly easier to get a fiancée visa than a student visa.

Armed with a fiancée visa there is nothing to stop her studying to improve her English. What she cannot do on a fiancée visa is work. After the marriage has happened then she would apply in the UK for a spouse visa and that would enable her to work.
John

brimahf
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Posts: 3
Joined: Mon Apr 03, 2006 5:20 pm

Can she return

Post by brimahf » Wed Apr 05, 2006 1:12 pm

She has her mind set on getting a student visa and from what your saying it seems that she would only have a 50/50 chance.

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
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Post by John » Wed Apr 05, 2006 2:58 pm

Personally I would put the chance of a student visa lower than 50:50.

She would need to find a course of study, work out how to pay for it, deal with the fact she overstayed last time. Not easy.
John

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