UK Spouse Visa - complex case

[Cjames9]

Hello All,

I’m hoping you knowledgable people may be able to give some guidance on me and my husbands case!

My husband and I met in December 2023. He entered the UK as a visitor from Brazil in June 2022 and overstayed until a few days before we met, when he applied for asylum due to violence from his family against being gay. Although a genuine claim, he had very little evidence to support it and it was refused without appeal rights in September 2025. He did not apply sooner as he didn’t know the asylum process existed. He left the UK voluntarily using his own funds in November 2025 and subsequently was given a 12 month re-entry ban. I went with him to Brazil get married as we were previously engaged but were unable to marry due to his immigration status. I have regularly been back every month or two to visit.

We plan to apply for a spouse visa at the end of the 12 month ban, however I have some concerns about him meeting the part suitability criteria. Not only has he overstayed and had a refused claim, but he worked whilst in the UK without permission. He wasn’t found to be working and advised in asylum interview that he was being financially supported by me and his family - only partially true; I paid more towards rent and food shops than him.

We have spoken to a lawyer, who advised it could be a tricky case but still has potential for success. I wanted to know if anyone here had experiences, guidance or advice so that we can make the right decision on whether to continue with an application, or me moving to Brazil.

We completely understand that he broke rules whilst here and he is regretful of that, but we are in a genuine relationship and whilst I understand punishment for the offender, punishment for the British citizen by not being able to live in their country with their spouse just doesn’t seem fair.

[secret.simon]

punishment for the British citizen by not being able to live in their country with their spouse just doesn’t seem fair.

Let's get the sentimental/romantic stuff out of the way.

The entirety of the family route of the UK immigration route is predicated on the basis that a British citizen has a right to reside in the UK, but that their non-British family members don't have any such automatic right. If they wish to live as a family unit, they can live so in such other countries as where the other family members have a right of residence.

You have a right to live in the UK. Your non-British husband doesn't, unless he is issued a limited leave to remain by the Home Office.

Now, first things first. Do you earn enough to be able to sponsor your husband (at least £29,000 per year, with you having met that requirement for the six months immediately before the date of application)?

If you're outside the UK, you may have difficulties in meeting the earning requirements. You may have to return to the UK without your husband, meet the earning requirements for at least six months (six months in a regular salaried job, a year if your income is varied, such as in a job paying by commission or in irregular wages) before you can make the initial application.

Secondly, be aware that his earlier illegal stay will likely impact any future permanent residency/ILR and citizenship applications. So there's will be long term pain along the immigration journey.

It appears that you have hired lawyers, in which case you should be asking them about the points I've mentioned above.