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Spouse Visa after being removed from UK

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Tedboy
Newly Registered
Posts: 2
Joined: Sun Dec 16, 2012 2:22 am

Spouse Visa after being removed from UK

Post by Tedboy » Sun Dec 16, 2012 2:41 am

Hi there,

I'm Brazilian and was removed from the UK after overstaying for 5 years, I paid for my own ticket so UKBA said I would have a 1 years ban instead of a 5 year one.

On my last year in London I met my current girlfriend who was travelling around europe, we wanted to get married and live together in the UK BUT had no money for the paper work - she has the right for Italian citizenship -
we are both back in Brazil now, and have some savings we can finally use to get married..my question is:

What are the chances of - once we get married - applying for a Spouse visa? She will have a Italian citizenship then.

My main concerns are:

- She never lived in the UK only stayed for a few days, I did, for five years!
- Since I was removed there's a big chance they will refuse it on those grounds right?
- What do you think about the ban, should I wait till its been a year so I can apply?
- An honest cover letter and letter from friends in UK that know about the whole thing and that we are legit would help?


Sorry if this is confusing, we are really trying to start our life and we both want to live in the UK.

Thank you!

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sun Dec 16, 2012 9:47 am

The first thing that must happen is that your namorada claims and is granted her Italian Citizenship. Then you can think about moving with her to the UK. You can marry her or show evidence of a durable relationship akin to marriage. Under EU legislation, your previous immigration problems will not matter.

I know for a fact that a very large number of Brazilians who believe they have the right to Italian citizenship haven't really made any research into the practical reality of this, and it turns out not to be so (because the chain was broken when the parent did not make a claim him/herself, or renounced it). Those that do, indeed, have a right will wait a very long time for the process to complete. It's slightly faster when lodged inside Italy but the time scale can be counted in months or even years. Boa Sorte!

aledeniz
Member
Posts: 177
Joined: Mon Sep 01, 2008 11:32 am
United Kingdom

Post by aledeniz » Sun Dec 16, 2012 11:36 am

Lucapooka wrote:The first thing that must happen is that your GF claims her Italian Citizenship. I know for a fact that a very large number of Brazilians who believe they have the right to Italian citizenship haven't really made any research into the practical reality of this, and it turns out not to be so
Just to say I share Lucapooka's opinion.
For someone living in Brazil (or Argentina, Uruguay, Venezuela, ...) claiming Italian citizenship could be an hideously complex process, even if they effectively are Italian citizens, let alone if they must naturalise.

Tedboy
Newly Registered
Posts: 2
Joined: Sun Dec 16, 2012 2:22 am

Post by Tedboy » Sun Dec 16, 2012 6:10 pm

Thank you both for the quick replies!


Long story;she has lived in Italy for five years on a permesso di soggiorno, Now she is back in Brazil due to the crisis and is looking through the process of getting a citizenship.

Well, let´s hope it works and we can live in the UK together... I really hope my previous visa history doesn't go against me!


Cheers!

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