UK visa options in a difficult situation
Discussion
A friend of mine is in a real rough spot, so I said I'd consult the collective wisdom that is PH.
He and his wife separated amicably around 18 months ago. They didn't get divorced and have two young children who have been living with her in their jointly owned house but he'd go and stay for weekends, see plenty of them etc.
In the mean time on his travels to Brazil he has met a new lady. She then came over in January to stay on a 6 month visa, all has been going very well between the two of them. Tragically last month his wife took her life which has been absolutely devastating for him and the children as you would imagine. In the midst of all this is this new lady who has really been thrown in at the deep end having to move in to their old marital home so they can look after the children.
Given the circumstances, she's been doing brilliantly and the children have really taken to her but thoughts have turned to June when she has to leave. He's a self employed tradesman and can't afford to take a lot of time off and she's been doing things like the school run, getting the children ready before/after school, keeping the house etc. While she's certainly not there purely for childcare, he's not sure how he'll manage when she isn't.
He's been told the only possible way she could stay would be marriage, a route he really doesn't want to go down at this stage. Does anyone know if there are other options available to them? Is there such thing as a compassionate visa that would be possible given the situation?
He and his wife separated amicably around 18 months ago. They didn't get divorced and have two young children who have been living with her in their jointly owned house but he'd go and stay for weekends, see plenty of them etc.
In the mean time on his travels to Brazil he has met a new lady. She then came over in January to stay on a 6 month visa, all has been going very well between the two of them. Tragically last month his wife took her life which has been absolutely devastating for him and the children as you would imagine. In the midst of all this is this new lady who has really been thrown in at the deep end having to move in to their old marital home so they can look after the children.
Given the circumstances, she's been doing brilliantly and the children have really taken to her but thoughts have turned to June when she has to leave. He's a self employed tradesman and can't afford to take a lot of time off and she's been doing things like the school run, getting the children ready before/after school, keeping the house etc. While she's certainly not there purely for childcare, he's not sure how he'll manage when she isn't.
He's been told the only possible way she could stay would be marriage, a route he really doesn't want to go down at this stage. Does anyone know if there are other options available to them? Is there such thing as a compassionate visa that would be possible given the situation?
Not that I can think of, the Home Office doesn't really do compassion, just the cold hard facts.
She could apply for a visit visa, Brazilians are not visa-nationals for the purpose of visiting but they can apply for them if the circumstances are unusual and they think that they may be refused at the border. However this would have to be done out of country, would require a shed load of paperwork showing that she isn't an overstaying risk and costs a fair bit.
An unfortunate situation, but it's probably better for your friend to either get some help from his family looking after the children or pay for the childcare instead of relying on someone he had known for a short period of time and isn't going to be able to stay in the country legally for more than a couple of months..
She could apply for a visit visa, Brazilians are not visa-nationals for the purpose of visiting but they can apply for them if the circumstances are unusual and they think that they may be refused at the border. However this would have to be done out of country, would require a shed load of paperwork showing that she isn't an overstaying risk and costs a fair bit.
An unfortunate situation, but it's probably better for your friend to either get some help from his family looking after the children or pay for the childcare instead of relying on someone he had known for a short period of time and isn't going to be able to stay in the country legally for more than a couple of months..
Getting married and apply for spouse visa for her is the EASIEST way in their situation. That's not to say there will still be hurdles like his income. He'll need to have been earning (before tax I think) £18,600+3,800+2,400 = 24,800. The two add-ons are for the two kids.
Other than that, she could:
- get a job and get a Tier 2 work visa, this will generally be a job paying at least £30k
- Enroll in university for some course and get a Tier 4 student visa.
Other than that, she could:
- get a job and get a Tier 2 work visa, this will generally be a job paying at least £30k
- Enroll in university for some course and get a Tier 4 student visa.
Thank you for the replies. With the relationship still in its relatively early days and all the rest that he's going through, my view (which I've voiced to him) is that marriage should be the last resort.
Is the 2nd/student option straightforward?
Taozzz said:
Other than that, she could:
- get a job and get a Tier 2 work visa, this will generally be a job paying at least £30k
- Enroll in university for some course and get a Tier 4 student visa.
Looking at these options, could she work for his limited company, with him paying her £30K and get a Tier 2 visa that way?- get a job and get a Tier 2 work visa, this will generally be a job paying at least £30k
- Enroll in university for some course and get a Tier 4 student visa.
Is the 2nd/student option straightforward?
olimain said:
Looking at these options, could she work for his limited company, with him paying her £30K and get a Tier 2 visa that way?
Is the 2nd/student option straightforward?
Work Visa: it's not straight forward, his company will need to be registered as a "sponsor" for this purposes, and the £30k figure is a minimum, the actual requirement will depend on the actual job role. Note that companies can't just sponsor people for any roles, regardless of salary. There's a list somewhere.Is the 2nd/student option straightforward?
Student visa: it's easier than the work visa, but she'll still have to be actually accepted by a college or uni as a full time student. And unless she goes on to find full time employment (after the study), or get married to him. She'll still need to leave the country after the study.
olimain said:
Looking at these options, could she work for his limited company, with him paying her £30K and get a Tier 2 visa that way?
Is the 2nd/student option straightforward?
Work Visa: it's not straight forward, his company will need to be registered as a "sponsor" for this purposes, and the £30k figure is a minimum, the actual requirement will depend on the actual job role. Note that companies can't just sponsor people for any roles, regardless of salary. There's a list somewhere.Is the 2nd/student option straightforward?
Student visa: it's easier than the work visa, but she'll still have to be actually accepted by a college or uni as a full time student. And unless she goes on to find full time employment (after the study), or get married to him. She'll still need to leave the country after the study.
There’s no easy way.
If she’s here on a visit visa she must return to Brazil before it expires. If she doesn’t comply with that basic rule, any chance of getting her back on a settlement visa goes out of the window.
They would then have to marry and apply for a settlement visa plus prove the relationship and that it’s not just a sham.
It takes time, money and a lot of determination.
Spoken as somebody who has recently obtained a settlement visa for a non-EU wife.
If she’s here on a visit visa she must return to Brazil before it expires. If she doesn’t comply with that basic rule, any chance of getting her back on a settlement visa goes out of the window.
They would then have to marry and apply for a settlement visa plus prove the relationship and that it’s not just a sham.
It takes time, money and a lot of determination.
Spoken as somebody who has recently obtained a settlement visa for a non-EU wife.
theboss said:
There’s no easy way.
If she’s here on a visit visa she must return to Brazil before it expires. If she doesn’t comply with that basic rule, any chance of getting her back on a settlement visa goes out of the window.
They would then have to marry and apply for a settlement visa plus prove the relationship and that it’s not just a sham.
Thank you. Clearly it's not a case of nipping down the registry office and she's in. Are you saying that either way she would have to go home by June before marrying and returning?If she’s here on a visit visa she must return to Brazil before it expires. If she doesn’t comply with that basic rule, any chance of getting her back on a settlement visa goes out of the window.
They would then have to marry and apply for a settlement visa plus prove the relationship and that it’s not just a sham.
Anyone happen to know what the Portuguese eligibility criteria are?
olimain said:
Thank you. So even if he were to take the marriage option it's clearly not a case of nipping down the registry office and she's in!
Do you know what the Portuguese eligibility criteria are?
Not quite that simple... first you need to apply for a UK marriage license, and will be investigated to check the marriage is genuine (varying levels of investigation depending on various factors)... this time period can take 1-3 months IIRC (it's all a bit of a blur now).Do you know what the Portuguese eligibility criteria are?
Once you have the marriage license approved you can then book a venue and do the marriage thing.
Then once married you can apply for spouse visa assuming the sponsor is earning over £18k ish, if you fast track it, the entire VISA application costs a good couple of grand.
This all has to be done ideally before any current VIsas expire... or alternatively he can propose to her now and she can come back to the UK for another 6 months on a fiance visa.
it's a massive,stressful, expensive ballache... and then you have to do it all again in 2.5 years to renew the visa (except get married again, thankfully).
I would imagine the Portuguese passport route is through parental lineage, but that's a guess.
Edited by designforlife on Tuesday 19th March 13:43
olimain said:
Thank you. Clearly it's not a case of nipping down the registry office and she's in. Are you saying that either way she would have to go home by June before marrying and returning?
Anyone happen to know what the Portuguese eligibility criteria are?
She won't be able to marry whilst she's here on a visit visa.Anyone happen to know what the Portuguese eligibility criteria are?
The purpose of a visit visa is to travel for leisure - if she had mentioned her relationship during the application process it would most likely have been declined.
They would have two marriage options - either here or abroad.
If here she would need to return to the UK on a fiance visa which entitles - in fact requires - them to marry in the UK within 6 months.
Alternatively he could go to Brazil and marry her there.
Legal requirements must be met. I had to take a ton of documentation, all translated and certified. I had to register with my local register office beforehand and obtain a certificate of no impediment which takes 28 days.
She will also have to take an English language test to show she meets a minimum language competency.
Home office fees for a settlement visa are about £3k including fast track. Add a couple of grand for legal advice (I would strongly recommend using an immigration solicitor).
All in all it took me a year between my wife leaving at the end of her visit visa and returning married on a settlement visa.
It was almost as stressful as the [prior!!] divorce.
Taozzz said:
Some Brazilian nationals somehow can obtain Portuguese passport, if that's possible for her, then voila.... before the Brexit that is.
My nephew's GF did this. Parents had to apply via grandparents rights then she applied through her parents.Well dodgy in my view but they're happy
All really useful and am passing it on as it comes in, thank you. She's an English teacher back in Brazil so the language thing is one barrier they thankfully wouldn't have. My advice so far has been against marriage as he's just been widowed, has the children and business to focus on and doesn't really need another massive layer of stress/hassle to deal with hence trying guage what other options he may have.
From what I'm reading it sounds like regardless of any of the above final outcomes (student/marriage/work), she will have to return to Brazil before the visa expires. Is that correct?
From what I'm reading it sounds like regardless of any of the above final outcomes (student/marriage/work), she will have to return to Brazil before the visa expires. Is that correct?
Taozzz said:
Getting married and apply for spouse visa for her is the EASIEST way in their situation. That's not to say there will still be hurdles like his income. He'll need to have been earning (before tax I think) £18,600+3,800+2,400 = 24,800. The two add-ons are for the two kids.
Other than that, she could:
- get a job and get a Tier 2 work visa, this will generally be a job paying at least £30k
- Enroll in university for some course and get a Tier 4 student visa.
The additional income requirement for children is when the visa applicant is bringing dependent children, it does not apply to the sponsors own children.Other than that, she could:
- get a job and get a Tier 2 work visa, this will generally be a job paying at least £30k
- Enroll in university for some course and get a Tier 4 student visa.
He would have to show income of £18.6k minimum.
How old is the Brazilian lady? I haven't thought that long or looked things up but maybe she could be eligible to apply for an au pair visa if she's under 30. We've had au pairs in the past and that was one of the criteria. I'll look up a few more details about it in a bit in case it might be useful.
QuickQuack said:
How old is the Brazilian lady? I haven't thought that long or looked things up but maybe she could be eligible to apply for an au pair visa if she's under 30. We've had au pairs in the past and that was one of the criteria. I'll look up a few more details about it in a bit in case it might be useful.
Thank you, I believe she's 27Some links from gov.uk about the conditions and requirements. If the lady in question is under 30, it may be less difficult to fulfill them than any other option not involving marriage:
https://www.gov.uk/au-pairs-employment-law/au-pair...
She isn't eligible for the youth mobility visa as she's from Brazil, but it may be possible for her to register for a language course with one of the licenced Tier 4 sponsors to get a student visa, which would then allow her to stay here for 2 years working as an au pair. Here's the link to the licenced Tier 4 sponsors:
https://assets.publishing.service.gov.uk/governmen...
https://www.gov.uk/au-pairs-employment-law/au-pair...
She isn't eligible for the youth mobility visa as she's from Brazil, but it may be possible for her to register for a language course with one of the licenced Tier 4 sponsors to get a student visa, which would then allow her to stay here for 2 years working as an au pair. Here's the link to the licenced Tier 4 sponsors:
https://assets.publishing.service.gov.uk/governmen...
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