Bringing Your Brazilian Wife or Girlfriend to the UK
In today’s interconnected world, love can cross borders, and international relationships are becoming more common. If you have found love with a Brazilian partner and are looking to bring her to the United Kingdom, it’s important to understand the visa options, financial requirements, and language tests involved in the process.
This guide will walk you through the key steps, including the Fiancé Visa, Spouse Visa, and Civil Partnership Visa, as well as the eligibility criteria, processing time, and decision-making process for each.
The Fiancé Visa Route
If you are a British citizen or a settled person planning to marry your Brazilian partner, the UK Fiancé Visa may be the right option. This visa allows your fiancé(e) to stay in the UK for six months, during which you must get married or enter a civil partnership. Once married, your Brazilian spouse can apply for a Spouse Visa or Civil Partnership Visa to continue living in the UK.
Eligibility Criteria
To be eligible for a Fiancé Visa, both you and your Brazilian partner must meet specific requirements:
1. Relationship Status
You must be genuinely engaged and intend to marry or enter a civil partnership within six months of receiving the visa. Both partners must be single and not in a civil partnership with anyone else.
2. Age Requirement
Both partners must be at least 18 years old at the time of the application.
3. Financial Requirement
As of 11th April 2024, you must demonstrate a financial income of £29,000. This requirement can be met through income, savings, pensions, or investments.
4. Wedding Plan
You will need to provide evidence of your planned wedding or civil partnership, such as proof of a booked venue or other related expenses.
5. Language Requirement
Your Brazilian partner must show a basic understanding of English, typically by passing an A1-level English language exam.
6. Accommodation Requirement
You must have suitable accommodation arranged for your partner in the UK, ensuring it meets necessary standards and is not overcrowded.
7. Duration of Stay and Return Plan
The Fiancé Visa is valid for six months, and applicants should not plan to stay in the UK longer than this period. They must also demonstrate the means to pay for their return travel out of the UK.
Processing Time and Decision
The processing time for a Fiancé Visa generally takes around 2-3 months, although this can vary. Once a decision is made, the applicant will be notified, and if successful, they can join their partner in the UK.
Upon arrival, the couple must marry or enter a civil partnership within the six-month visa period. After this, the applicant can apply for a Spouse Visa or Civil Partnership Visa to continue living in the UK.
It is important to note that the Fiancé Visa does not allow your partner to work or claim public funds during the six-month period.
For more detailed advice and guidance on the UK Fiancé Visa process, feel free to contact us.
The Spouse Visa Route
If you are a British citizen or have settled status in the UK and are married to a Brazilian partner, the Spouse Visa allows her to live, work, and study in the UK. This visa grants permission to stay for an initial period of 2 years and 9 months, with the option to extend. After living in the UK for five years, your Brazilian spouse may become eligible for Indefinite Leave to Remain (ILR) and, later, British Citizenship. For more details concerning the requirements, check out the post, New Spouse Visa Requirements for 2024.
Eligibility Criteria
To qualify for a Spouse Visa, both the applicant and sponsor must meet several requirements:
1. Sponsor’s Status
The sponsor (you) must either be:
- A British citizen
- Someone with Indefinite Leave to Remain (ILR) in the UK
- A person with settled status or permanent residency in the UK
- A person with refugee or protected status in the UK
2. Relationship Status
You and your Brazilian partner must be lawfully married or in a civil partnership, and you must provide evidence of this, such as a marriage certificate. Additionally, you need to show that you have been living together for at least two years and plan to live permanently in the UK.
3. Age Requirement
Both partners must be at least 18 years old at the time of application.
4. Financial Requirement
As of 11th April 2024, the financial requirement for a Spouse Visa is £29,000. This can be met through income, savings, pensions, or investments. For up-to-date guidance, please visit our family visa financial requirements page or contact us directly for assistance.
5. Language Requirement
Your Brazilian spouse will need to demonstrate English proficiency. This is typically done by passing an approved A1-level English language test or by holding a degree that was taught in English.
Exceptions to Standard Criteria
If you do not meet the standard criteria, there may still be a chance to apply for the visa or extend permission to stay if:
- There are exceptional reasons why you and your partner cannot live together outside the UK (e.g., having a child who is a British citizen or living in the UK for over seven years).
- Denying you entry to the UK or requiring you to leave would infringe upon your human rights.
Processing Time and Decision
The Spouse Visa processing time is typically around 3 months, but this can vary. Once a decision is made, the applicant will be notified, and if successful, they can join their partner in the UK.
Upon arrival, your Brazilian spouse can live, work, and study in the UK without restrictions. After five years of residence, she may be eligible to apply for Indefinite Leave to Remain (ILR), which grants permanent residency rights.
For more detailed advice on the Spouse Visa process, don’t hesitate to contact our legal team for expert guidance.
The Civil Partnership Visa Route
If you are in a civil partnership with your Brazilian partner, the Civil Partnership Visa allows them to live, work, and study in the UK. This visa is available to individuals whose partners hold a qualifying status in the UK, granting an initial stay of 30 to 33 months with the possibility of extension. After five years, your partner may become eligible for Indefinite Leave to Remain (ILR) and eventually British Citizenship.
Eligibility Criteria
To apply for a Civil Partnership Visa, both the applicant and the sponsor must meet specific requirements:
1. Sponsor’s Status
Your partner qualifies as a sponsor if they hold any of the following:
- British or Irish citizenship
- Settled status in the UK
- Pre-settled status
- A Turkish Businessperson or Worker visa
- Refugee or humanitarian protection status
2. Relationship Status
- You and your partner must be in a legally recognised civil partnership in the UK.
- Your relationship should be genuine and continuous, with the intention to live together permanently in the UK.
- Both parties must have met in person, and any previous relationships should have ended permanently.
3. Age Requirement
Both partners must be at least 18 years old.
4. Financial Requirement
As of 11th April 2024, the financial requirement for a Civil Partnership Visa is £29,000. This can be met through income, savings, or other financial means. For detailed information on how to meet these requirements, visit our family visa financial requirements page or contact us directly.
5. Accommodation
The sponsor must provide suitable accommodation that meets UK Home Office standards. The accommodation should not be overcrowded and must be appropriate for both partners (and any dependents).
Processing Time and Decision
The processing time for a Civil Partnership Visa usually takes around 3 months, but it can vary depending on individual circumstances and the complexity of the application. Once a decision is made, the applicant will be notified, and if successful, they can make arrangements to join their partner in the UK.
Upon arrival, your Brazilian civil partner can live, work, and study in the UK without restrictions. The initial visa will last for 30 to 33 months, with the option to extend their stay for up to five years.
Verifying the Legitimacy of Your Relationship
To demonstrate the legitimacy of your relationship, you must provide evidence that you and your partner are in a committed and long-term partnership. UK immigration authorities require this to ensure that your relationship is genuine. Supporting documents should be recent, typically no older than 4 years. Below are common types of evidence you can submit:
Required Documentation
1. Marriage or Civil Partnership Certificate
Submit an official document that proves you are legally married or in a civil partnership. This is essential for verifying your union.
2. Joint Finances
Provide proof of shared financial responsibilities, such as:
- Joint bank accounts
- Co-owned property
- Joint financial investments These documents reflect that you share significant financial obligations.
3. Shared Responsibilities
Submit paperwork showing that you share everyday responsibilities, such as:
- Utility bills
- Rental agreements
- Any other official documents that include both of your names at a shared address.
4. Travel Records
Present evidence of trips taken together or visits to see one another, which can include:
- Passport stamps
- Boarding passes
- Travel itineraries: This helps to establish that your relationship is continuous and geographically close.
5. Medical or Dental Correspondence
If available, submit letters from medical professionals (e.g., dentists, general practitioners, or hospitals) that confirm your joint address. These are an additional layer of proof for cohabitation.
Why This Matters
Submitting strong evidence is crucial in establishing that your relationship is genuine and committed. This process is particularly important for obtaining a Spouse Visa, which is often considered one of the more complex visa routes. However, once approved, your partner will be able to:
- Live, work, and study freely in the UK.
- Include dependent children in their application, if applicable, which may influence their decision to relocate.
The Spouse Visa is ideal for those planning a permanent move to the UK with their partner.
For additional insights into the immigration process for other nationalities, you can also check our post How to Bring Your Russian Partner to the UK: A Complete Guide In 2024, How Can I Bring My Mexican Wife or Girlfriend to the UK?, How to Bring Your Albanian Wife or Girlfriend to the UK, .
FAQS
What Are the Financial Requirements to Sponsor a Brazilian Partner’s Visa?
To sponsor your Brazilian partner’s visa application, you must demonstrate that you can financially support them without relying on public funds. The current minimum annual income requirement is £18,600, but this will increase to £29,000 in spring 2024, and further to £38,700 by early 2025.
You can meet this requirement through employment income, savings, or a combination of both. If you have dependent children, the financial threshold will be higher. Providing proof of financial stability is essential to show that you can support your partner during their stay in the UK.
Does My Brazilian Partner Need to Take an English Language Proficiency Exam Before Coming to the UK?
Yes, in most cases, your Brazilian partner will need to take an English language proficiency exam before travelling to the UK. This is to demonstrate their basic ability to understand and use the English language, which is necessary for living and working in the UK. Typically, applicants are required to pass a recognised English language exam at the A1 level to meet this requirement.
What is the typical duration of the visa application process, and what type of documentation is necessary to support the application?
The visa application process duration can vary depending on the type of visa and the applicant’s specific circumstances, but it’s advisable to allow several months for processing. The required documentation will differ based on the visa, though typically, you will need a valid passport, proof of financial support, evidence of your relationship with the sponsor, English language proficiency test results, and any additional supporting documents requested.
Can I Bring My Brazilian Partner to the UK if We Are Not Married?
Yes, you can bring your Brazilian partner to the UK even if you are not married by applying for an unmarried partner visa. To be eligible, you must have lived together in a relationship similar to marriage for at least two years.
You need to provide evidence that your relationship is genuine and enduring, such as joint financial documents, correspondence, and photographs. Additionally, you must meet the financial requirements and show proof of suitable accommodation in the UK.
The application process can be complex, so consulting with an immigration specialist or solicitor is advisable to ensure you meet all the necessary requirements for a successful application.
What Should I Do if My Brazilian Partner’s Visa Application Is Declined?
If your Brazilian partner’s visa application is declined, you have two main options: appeal the decision or reapply for a visa. To proceed effectively, it’s crucial to seek expert advice to understand the reasons for the rejection and address any issues. Resolving the problems highlighted in the refusal can improve your chances of a successful reapplication or appeal.
Can My Brazilian Spouse or Partner Apply for Permanent Residency in the UK?
Yes, your Brazilian spouse or partner can apply for permanent residency, known as Indefinite Leave to Remain (ILR), after living in the UK for a specific period on a valid visa. Typically, the eligibility period is five years for those holding a spouse visa or an unmarried partner visa. The exact duration may vary based on the type of visa held and individual circumstances.