Spouse VISA.. where to start...

[scottyh]

I am a British citizen currently living in Brazil. I married my Brazilian wife here in Brazil over 2 years ago and we have been living here ever since... I have legal residence and permission to work here in Brazil based upon our marriage

We are now thinking of moving to the UK...

From what I understand in order for my wife to get the spouse VISA I need to show that I have a job, regular income and general financial stability in the UK...

However, in order to do this I would to move back, get a job in the UK etc... yet, I have read that my wife can only apply from here in Brazil!!!

Therefore, I am presuming that we would have to spend sometime apart -while I find a job in the UK as she applies for the spouse VISA here in Brazil

Therefore, on her application would she have to state we are living apart and enter the UK on her own??

The other criteria doesn't seem too difficult to meet... she is currently studying to take the TOEFL IBT test; her English is quite good and the levels / test 'required dont seem so difficult... From what I understood the test is only for listening and speaking??

My parents / sister could provide us with some financial support and even some accomodation etc... Both own their own properities.

My wife has visited the UK with me as a tourist twice and we have lots of photos, marriage documents from Brazil, joint plane tickets, correspondence,

The whole process seems very confusing and difficult. Any advice, support, suggestions, similiar case histories and advice of where to start and what to do would be helpful...

[Lucapooka]

Start by reading this
http://www.ukba.homeoffice.gov.uk/visas ... utside-uk/

and this (the actual guidance that is used by the person who will be assessing the application)
http://www.ukba.homeoffice.gov.uk/polic ... /set/set3/

and this, about finances and maintenance
http://www.ukba.homeoffice.gov.uk/polic ... e/ecg/maa/

Income and/or savings in lieu. Third party support from family is acceptable but the amount you need for yourselves is 483 pounds per month so your parents will need to show they have this discretionary income available for your use, in addition to their own current requirements.

If, having digested everything, you still don't know if you meet the general requirements, you should consider visiting the UK with your wife. You can use the six months granted on her arrival to establish yourself (find work and or accommodation) and then your wife may return to Brazil to apply for settlement using that evidence. Settlement applications in Brazil are notoriously fair-minded in their assessment and can be emitted in a matter of days if the requirements and conditions are favorable. Don't apply, get refused, and then try the visit option, as a failed settlement application will seriously compromise further visit entry. Only apply for settlement when you know you meet the requirements.