Likelihood of spouse visa acceptance

[Tomkelly12]

Hi guys, looking for some kind of idea of the likelihood of a spouse visa being granted after my wife was refused entry to visit as a tourist.

She is a Brazilian citizen and was refused to entry at the Euro tunnel port in Calais to visit my family for just over 5 months. The plan was she would visit and improve her English to take the IELTS test before going back to Brazil to apply for a spouse visa.

However she was refused tourist entry by the UKBA for a number of reasons.

Firstly they deemed 5 months in the UK not tourism although it clearly states tourism up to 6 months. They said 2-3 weeks is tourism.

Secondly whilst I visited her in Brazil I arrived on a flight containing Paralympic athletes so I'm Rio had my passport stamped incorrectly as an athlete. So when I applied for my visa extension in Brazil with polícia federal I was already overstaying without knowing. They understood the circumstances and said if we got married I could stay. But I couldn't prove I was single in the UK so returned to plan a wedding with the intention of marrying and living in Brazil.

She then lost her job as a dentist due to over supply so I paid for our wedding in Gibraltar and we decided that our future would be better in the UK.

So as she has no money and no job, UKBA decided she had no reason to return to Brazil and would not catch her return flight home.

She also arrived with her cat and dog as she had no one to look after them for 5 months.

I can understand how this looked to an immigration officer but as we thought we were doing everything by the book we never questioned that we wouldnt get it. Had no intention of overstaying.

As she now has a black stamp on her passport and refused to enter. How likely is it that a spouse visa with these mitigating circumstances being accepted. I meet the financial and accommodation criteria and she is taking the IELTS in Rio ASAP.

I don't want to be forced the hand of moving to Brazil, leaving behind a good job, house and family.

Thank you in advance

[CR001]

It should not affect a spouse visa application. Different via category and different rules.

[Casa]

The refusal of a visitor visa shouldn't have an adverse affect on an application for a spouse settlement visa. There are different requirements.