Though my nationality is Brazilian (I am Brazilian, married to a British citizen), I have been married to a British citizen for over 18 years, and now upon my arrival, I have been encountered by the immigration authorities (Home Office) border force at Heathrow Airport. So, I want to know my rights, as I am Brazilian and married to a British citizen.
A married Brazilian encountered by the Border Security Force at Heathrow Airport
A Brazilian national who is married to a British citizen was encountered by the Border Security Force at Heathrow Airport, and the couple in fact has a 16-year-old child. It is really shocking and surprising, though the border security force of the Home Office has granted leave to enter the UK. Now the question of fact is why a border security force would question a person who is married to a British citizen.
It is quite vital to understand the immigration rules and your rights so that you should not fall under this condition again. So if you are married to a British citizen, then either you must have a UK spouse visa or a partner visa, and if you have either of these, then the Border Force at Heathrow Airport should not encounter you. Secondly, if you have a British-born child then you have an automatic right but still you must apply for a UK spouse visa, UK partner visa, or FLR (FP) (further leave to remain on a family and private life basis)
UK spouse visa requirements:
a) You must be married to a British national or a person settled in the UK and holds an Indefinite leave to remain or EU settlement
b) You must be over 18 years and legally married
c) Your relationship is genuine and subsisting and you intend to live with your partner forever
d) You must comply with English language requirements
e) Fulfill the income threshold
I am Brazilian, married to a British citizen (Know your rights)
a) Your can apply for a UK spouse visa or Uk partner visa
b) If not, then further leave to remain on the basis of private and family life, FLR (FP).
What is an FLR (FP)?
If you are not able to fulfill all the eligibility criteria of the UK spouse visa or a UK partner visa, then you can apply for FLR (FP) outside the rules on the basis of your family and private life, and the Home Office will consider your human rights as defined under Article 8 of the UNHCR.
You can still apply under the immigration rules, but it solely depends on the basis of the applications:
- Applications under Appendix Fm (Family Life) on the 10-year route, including where EX.1 applies
- Applications under Appendix: Private life.
Who can apply for FLR (FP):
As stated above, a partner of a British citizen or a person who is settled in the UK, where the applicant cannot satisfy the normal spouse visa requirements but has a genuine and subsisting relationship.
A parent of a British Child
A person relying on their private life in the UK
