Help! Partner removed to Brazil,3 mths pregnant in uk

[Barty]

Hello,please can anyone help.My daughter's Brazilian partner was removed for overstaying in Nov 2011, she went out to be with him in brazil for 3 months to try and facilitate his return by getting married.unfortunately they paid a bogus lawyer and are not actually married, and she has returned 3 months pregnant.as he was removed, if she returns to get married, will this override the removal, and will the fact of her being pregnant help? My anxiety is that she shouldn't be travelling soon, and this could all be a wild goose chase as soon she won't be able to work, therefore will they let him in? The burden of proof is going to be hard as they didn't live together in uk, but, she did spend three months with him in Brazil, something that no shammer would do, and actually became pregnant in Brazil. Im incredibly worried as she seems determined to get him over here, but I have a feeling this is not going to be easy.can anyone give advice or explain their similar situation...Brazil seems to be a particularly different country in terms of immigration rules.
Thanks

[Lucapooka]

Can you elaborate on the bogus lawyer aspect of your post? Was this a collaborative and complicit attempt to apply for entry clearance using fake documents (false marriage certificate)? It's not clear from your post as to what happened.

Generally, previous removal from the UK can be overlooked in a subsequent application in a settlement category (spouse, fiancee, etc) but this may not be granted if there has been other activity that is deemed to have frustrated the intentions of the immigration rules. It's not possible, on a general discussion forum, to predict the chances of a successful settlement application, especially without further and detailed information as the history. I would therefore urge them to seek competent professional help with a UK-based lawyer or registered immigration adviser.

Brazil seems to be a particularly different country in terms of immigration rules.

True, possibly, but not particularly relevant if the person in question wishes to settle in the UK rather than Brazil.

[Barty]

Hi, thanks for your reply
As far as I can ascertain, my daughter relied on partners mother to arrange translation of documents etc etc...this so called solicitor just took the money and did absolutely nothing.so no fake bogus documents, just nothing happened. I don't want her to have to travel back to Brazil as she is pregnant, so was wondering if he could apply for fiancé visa despite having been removed. I am concerned that ,as she is pregnant, she is not earning enough to support them both, and this may hamper the application.

[Lucapooka]

Perhaps they did not do sufficient research before they embarked on the venture and it became evident to them that merely translating the paperwork was not the whole story? Marriage in Brazil is quite easy if you follow the basic procedures. Foreigners who wish to marry in Brazil must first legalize their paperwork at the Brazilian consulate in their home country and then, once inside Brazil, must have them translated by a sworn public translator. Only then can the marriage can take place. However, that is all water under the bridge.

What remains to do now is that the Brazilian make a fiancee settlement application on the basis of his meeting all of the requirements for that immigration category. A ban should not be applied. However, as previously mentioned, without knowing his full history and what other potentially-damaging activities were pursued in the UK (that may result in a refusal, it's not possible to make predictions. If they lack financial means you may stand in for this as a third party sponsor.

[Barty]

Thanks for reply
I can stand in as sponsor and give them somewhere to live before they get married. As far as I know he was removed for overstaying, and nothing more sinister or damming . Is it as effective applying for fiancé visa as spouse visa? Ie, fiancé visa would be preferable as daughter is pregnant and will not be able to travel to brazil and stay for very long because of the pregnancy, so if she travelled to get married there, it's not then clear how long she would have to remain to get the spouse visa...so if she returned home after marrying in Brazil, would this be more effective than staying here and him getting fiancé visa? I'm hoping to convince her she doesn't need to travel again to Brazil, that the fiancé visa route will ultimately be the same.

[Lucapooka]

She does not need to go to Brazil. Apart from the requirement to marry in the UK and then switch ones status, the fiancee visa and spouse visa are the same with regard to maintenance and accommodation issues. For the actual approval of the visa, there is no particular preference afforded to spouse applicants. Furthermore, the Rio visa post (where the application will be submitted) is a notoriously fair-minded in its approach to settlement applications. Some visa posts in other parts of the world suffer from a high degree of completely bogus applications that are viewed with suspicious scrutiny.

Rio is generally very fast at issuing visas in all categories including settlement (often only a matter of days). However, due to his previous immigration history, if and when he applies (for either a spouse of fiancee visa) he can not expect this application to be emitted in less than 6 weeks and it could be much longer.