Marrying Brazilian girlfriend

[Brazilmeetsengland]

I am a UK citizen. I've been together with my Brazilian girlfriend for over a year now. She has applied to be a dependant of a EEA national (her mother/Portuguese passport). However she's been denied twice for lack of evidence of her dependancy. We are wondering if we were to get married would this grant her residency in the UK? In addition, what are the stages we would need to go through, in order to achieve this?

If I left any details out, please ask.

Thank you.

[Wanderer]

Won't help, as for immigration purposes you are not on EU citizen

In order to be so you need to be living, working or studying etc in another EU state other than your own.

You can of course use UK immigration rules, but they come with finance tests etc and the visa isn't free and you have pay the National Health Surcharge.

[Brazilmeetsengland]

What are the UK Immigration rules we need to follow in order to gain a Visa for my Brazilian girlfriend? And as she has been reject for a residency card twice before, will this reduce her chances of a marriage visa being granted?

[Wanderer]

What are the UK Immigration rules we need to follow in order to gain a Visa for my Brazilian girlfriend? And as she has been reject for a residency card twice before, will this reduce her chances of a marriage visa being granted?

Basically you need to be married (Spouse visa) or intending to marry in 6 months (Fiancee visa), earn £18,600 pa for the last six months, or have savings of £62,500 or a combo of both. visa cost around £1200 (I forget the exact amount) plus NHS surcharge of £600, same again in 2.5 years.

Previous refusals shouldn't matter if there's no deceit/fraud in the mix.

You say 'been with' - is she in UK/EU and is she legal?

[Brazilmeetsengland]

Basically you need to be married (Spouse visa) or intending to marry in 6 months (Fiancee visa), earn £18,600 pa for the last six months, or have savings of £62,500 or a combo of both. visa cost around £1200 (I forget the exact amount) plus NHS surcharge of £600, same again in 2.5 years.

Previous refusals shouldn't matter if there's no deceit/fraud in the mix.

You say 'been with' - is she in UK/EU and is she legal?

Thanks for your informative reply. We've been living together for 6 months and she has been in the UK for the last 18 months as she's been applying for her residency card. She just got rejected the second time a couple days ago, therefor she needs to act fast. She's meeting with her lawyer on Friday.

I've just finished Uni and have been working for a month, my salary will be around £21,500. However, I won't have 6 months worth of evidence, will my allowance given from my parents be suitable as evidence for the last 6 months, if it meets the £18,600 pa?

[Wanderer]

Where is her mother now? UK?

Anyway, my advice is for her to return to Brazil, wait the six months till you qualify, and take it from there - clean slate, all legal, no comebacks.

Third party support isn't allowed....

[Brazilmeetsengland]

Where is her mother now? UK?

Anyway, my advice is for her to return to Brazil, wait the six months till you qualify, and take it from there - clean slate, all legal, no comebacks.

Third party support isn't allowed....

Yes, however she is leaving back to Brazil soon.

Could you provide more detail about the third party support not being allowed?

Thanks!

[Brazilmeetsengland]

Im applying for spousal visa, my immigration lawyer has said the financial requirement is to provide evidence of me earning 18,600 for the last six months plus it was best to also have evidence of having access to 60,000 in savings. However, I have also found a immigration lawyers website which states the requirements are much lower. Including the savings coming to a total of only 16,400 plus third party support also being aloud.
Can someone please explain if my lawyer or the website is correct?

Copied from the website:
An immigration official deciding on an application (known as the decision-maker) for a UK spouse visa may now consider third-party funding which would allow the sponsoring partner to meet the Minimum Income Requirement.

Link:
weblink removed by moderator

[Wanderer]

Im applying for spousal visa, my immigration lawyer has said the financial requirement is to provide evidence of me earning 18,600 for the last six months plus it was best to also have evidence of having access to 60,000 in savings. However, I have also found a immigration lawyers website which states the requirements are much lower. Including the savings coming to a total of only 16,400 plus third party support also being aloud.
Can someone please explain if my lawyer or the website is correct?

Copied from the website:
An immigration official deciding on an application (known as the decision-maker) for a UK spouse visa may now consider third-party funding which would allow the sponsoring partner to meet the Minimum Income Requirement.

Link:
weblink removed by moderator

1. It's £18.600pa for the last six months, or £62,500 savings or a combination of both subject to a weird formula I can never remember. First £16,000 in savings are ignored.

2. Or earning the £18,600 for the last 12 months in current country plus secured job in UK for £18,600 pa to start within three months.

3. Third party support definitely not allowed, I'd stake my wife's remaining testicle on it. It used to be allowed but not for a long time now., 2012 I think.....

[Brazilmeetsengland]

This is what is confusing me....

The Statement of Change, released on 20th January 2017, makes the following changes to the Appendix FM-SE of the immigration rules.

An immigration official deciding on an application (known as the decision-maker) for a UK spouse visa may now consider third-party funding which would allow the sponsoring partner to meet the Minimum Income Requirement.

Im guessing you are correct, however this seems to contradict what you are stating...

3. Third party support definitely not allowed, I'd stake my wife's remaining testicle on it. It used to be allowed but not for a long time now., 2012 I think.....

[Tamandua]

This is what is confusing me....

The Statement of Change, released on 20th January 2017, makes the following changes to the Appendix FM-SE of the immigration rules.

An immigration official deciding on an application (known as the decision-maker) for a UK spouse visa may now consider third-party funding which would allow the sponsoring partner to meet the Minimum Income Requirement.

Im guessing you are correct, however this seems to contradict what you are stating...

Third party support will be taken into consideration. It's on the statement of changes in immigration rules that can be found on the gov website: https://www.gov.uk/government/uploads/s ... ssible.pdf