Spouse Visa Docs From Brazil

prezident44 · Post by **prezident44** » Tue Jul 31, 2012 11:14 am

Hi All

I really need some help with documents required for a spouse visa for my wife coming from Brazil.

Quick history - I am British and she is Brazilian, we met while I was living and working in Brazil in Feb 2008. We have lived together since the end of 2008 although we never had any joint bills and I spent some time in England. We have a son born in Brazil 02/10/09 at the moment he has a Brazilian passport. My work ran out and I had to come back to Britain in order to find a job. Once I had a job and 2 bedroom flat they both came over on a tourist visa and stayed for 5 months, in those 5 months we got married and I now want to apply for a spouse visa for her.

I don't earn much money but it is just enough after rent to meet the required amount I believe.

What docs does my wife need to provide for her visa and which ones need to be certified

Thanks

Post by **Lucapooka** » Tue Jul 31, 2012 11:18 am

The child is British so is outside the scope of this discussion. She can't apply for settlement from inside the UK. She will need to return to Brazil. You will need to show a salary of 18,600 to sponsor her application.

http://www.ukba.homeoffice.gov.uk/visas ... utside-uk/

Post by **Casa** » Tue Jul 31, 2012 11:20 am

Unfortunately, the new regulations introduced on July 9th require you, as the sponsor, to be earning a minimum of £18,600 per annum, or have savings of £16,000 or over. This is regardless of your outgoings.

prezident44 · Post by **prezident44** » Tue Jul 31, 2012 11:43 am

Casa wrote:Unfortunately, the new regulations introduced on July 9th require you, as the sponsor, to be earning a minimum of £18,600 per annum, or have savings of £16,000 or over. This is regardless of your outgoings.

I thought it was something like £732 after rent is paid. I am earning £21,000 with rent at £595.

Do you know what docs are neecded please?

Post by **Lucapooka** » Tue Jul 31, 2012 12:18 pm

prezident44 wrote:Do you know what docs are neecded please?

Everything is in the link provided earlier. Do read these pages and then we can try to fill in any gaps in your understanding. The immigration rules changed in July so the numbers you have quoted are no longer relevant. But as long as your salary is over 18,600, you will qualify and your outgoing expenditure on rent or anything else is not considered. You need to have been on that income for the previous six months or have savings in lieu.

prezident44 · Post by **prezident44** » Thu Aug 09, 2012 2:51 pm

Hi,

I have read through what is needed and I have some questions.

I think we need:

My bank statements for 6 months (no joint account)
A letter from estate agents stating that I rent from them (I do not have a contract it is rolling month to month)
My work contract (although it is an 11 month contract and starts 02/09 before this can provide agency payslips for every week for the last year and a half.)
Proof that we have met - well we have a 3 year old son born in Brazil on a brazilian passport, will his translated birth certificate be ok?
Both our birth certificates (hers translated)
The visa application form & the sponsor form
Our marriage certificate.

Is there anything else that I have missed?

Also my son is automatically a British citizen but he only currently has a Brazilian passport. Is that going to be a problem? I read that if you have dependant children the earnings need to be more than £18600 however not if they are British citizens, does this mean that I am ok on £19500 with a child?

Thanks!

Post by **Casa** » Thu Aug 09, 2012 3:11 pm

You've missed the A1 English test requirement. Are you intending to apply for a British passport in Brazil for your son?

prezident44 · Post by **prezident44** » Thu Aug 09, 2012 4:01 pm

Casa wrote:You've missed the A1 English test requirement. Are you intending to apply for a British passport in Brazil for your son?

Thanks, of course, she has passed that!

No I was intending to let him come on the Brazilian passport and then apply for a British one once he is here.

prezident44 · Post by **prezident44** » Tue Aug 21, 2012 12:07 pm

Hi All

I'm still looking for answers to the above - Is my son going to be ok to come with my wife to England on a Brazilian passport?

Also should I get his birth certificate translated to use as proof we have met?

Thanks!

Post by **Lucapooka** » Tue Aug 21, 2012 1:15 pm

There may be a few questions on arrival and it would make life easier if you were to get a British consular BC before you travel. He will be admitted but they will insist that you to resolve this matter by applying for a passport before he seeks entry the next time.

prezident44 · Post by **prezident44** » Tue Aug 21, 2012 1:33 pm

Lucapooka wrote:There may be a few questions on arrival and it would make life easier if you were to get a British consular BC before you travel. He will be admitted but they will insist that you to resolve this matter by applying for a passport before he seeks entry the next time.

Thanks Lucapooka, so if I get a British consular brith certificate it will be easier. Despite my wife passing the a1 English test she doesn't speak very much at all if there are questions will they contact me or get a translator and will she be able to let me know that they have stopped her do you think?

Post by **Lucapooka** » Tue Aug 21, 2012 1:40 pm

Are you travelling with her or meeting her on arrival? If it's the latter you might consider getting a ROA certificate of entitlement for the child (right of abode) at the same time as you apply for the spouse visa. It will make life easier.

prezident44 · Post by **prezident44** » Tue Aug 21, 2012 2:05 pm

I will meet her here as I work and although I earn enough to meet the requirments I really do not have the money for a ticket to pick them up or an ROA certificate as I just checked the fees. Should I get them to apply for a British passport for him from Brazil?

Being in love with someone from outside the EU certainly is extremely frustrating & expensive..

Post by **Lucapooka** » Tue Aug 21, 2012 2:16 pm

A British passport would be ideal but it can take a few months. It has to sent directly by the applicant to the Regional Passport Hub in Washington DC; it can't be applied for here in Brazil.

prezident44 · Post by **prezident44** » Tue Aug 21, 2012 2:31 pm

That';s what I thought but as you say can take some time. What is the worst that could happen if she came on spouse visa with him on Brazilian passport? It's unlikely that they are going to refuse entry for him/both isn't it?

Thanks again for your help.

Post by **Lucapooka** » Tue Aug 21, 2012 2:34 pm

Nothing bad will happen. They will wag their finger and tell her to sort out his British passport.

prezident44 · Post by **prezident44** » Tue Aug 21, 2012 2:57 pm

Lucapooka wrote:Nothing bad will happen. They will wag their finger and tell her to sort out his British passport.

Thankyou for your advice, I have had a nightmare trying to find this kind of info on search engines

Post by **Greenie** » Tue Aug 21, 2012 3:02 pm

Can i just check you were born in the UK yourself-assuming you were British from birth as otherwise your son may not be automatically British.

Also i would suggest providing more evidence that your relationship is subsisting- eg photos of you together, evidence of contact when you have been apart,

You don't need to provide either of your birth certificates but you do need to provide a certified copy of your passport as evidence of your nationality.

prezident44 · Post by **prezident44** » Thu Oct 11, 2012 5:09 pm

Hi

Yes, I was born in the UK to parents born in the UK.

I recentley lost my job so the application got stalled, I think I read that I have to be employed for 6 months now before applying again, is that right? Is there any way around that?

Thanks

Post by **Lucapooka** » Thu Oct 11, 2012 5:43 pm

If I were you, I would consider visiting the UK with your family. Once you are there you can then have a sudden change of mind, and decide that you want to stay. You can find a job and make any necessary accommodation arrangements. Then, after six months, you wife can return to Brazil to apply for a settlement visa using the evidence that you have amassed over the preceding six months. Entering as visitors is key to this so don't mention that you might be considering anything other than a visit.

Post by **MPH80** » Thu Oct 11, 2012 8:14 pm

Luca ... I thought he was already in the UK (from the first post).

Just to be clear on the income. You don't have to have been employed for 6 months - if you have been employed for less then you need to show that your income over the last 12 months has exceeded the threshold, otherwise it is just income in the last 6 months (annualised) that is required.

But be aware that you'll have to show your income again at the 2.5 year period - so it's important to make sure that your combined income at that point crosses the threshold.

M.

Post by **Lucapooka** » Thu Oct 11, 2012 9:33 pm

Yes, I've just looked back over the thread and it's confusing as he is asking if it's okay for his son to come to the UK on a Brazilian passport. I think the next post from the OP should be a brief summary of his immediate circumstances, where he and his family are now, on what immigration status, and for how long on that status.

prezident44 · Post by **prezident44** » Wed Oct 31, 2012 11:26 pm

Lucapooka wrote:Yes, I've just looked back over the thread and it's confusing as he is asking if it's okay for his son to come to the UK on a Brazilian passport. I think the next post from the OP should be a brief summary of his immediate circumstances, where he and his family are now, on what immigration status, and for how long on that status.

Hi Lucapooka,

as a brief summary I had a visa to live in Brazil, I returned to England April 2011 on my own to find a job and somewhere to live. In January 2012 I went to Brazil for a few days and returned to England with my girlfriend and our 2 year old son. We lived together in a rented 2 bedroom flat. In June we got married and then my wife and son returned to Brazil before their tourist visas ran out. They both have only Brazilian passports, I am British, born to British parents in the UK.
I lost my job in September, I am now working again however I am a temp and I do not now earn enough to pass £18600 so I am looking for evening work aswell.

It's an unfortunate situation, do you think that they could return to England on tourist visas for 6 months or until I earn enough to sort her visa?

Thank you for your time and help.

Post by **Lucapooka** » Thu Nov 01, 2012 7:12 am

Yes, they can visit you in the UK, but the mother has no right of abode and will be required to leave. The child is British so will not face such restrictions (although he will initially be admitted as a Brazilian visitor until such a time as you apply for his UK passport).

I hope your wife's English is up to scratch as it may involve a few questions and answers on her arrival

prezident44 · Post by **prezident44** » Thu Nov 01, 2012 7:58 am

I thought that she might be questioned as we are now married and she has been before. She passed her English test for the visa but she can't speak enough to answer immigration officers questions. Would it help if I went and got them?

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Spouse Visa Docs From Brazil

Spouse Visa Docs From Brazil