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Thomas
Thomas, Solicitor
Category: European Law
Satisfied Customers: 6369
Experience:  UK based Immigration Solicitor
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I am a Portuguese nationality, can you please advuse me what

Customer Question

I am a Portuguese nationality, can you please advise me what are the formalities to call my spouse and my children who is an Indian nationality.
Submitted: 2 years ago.
Category: European Law
Expert:  Thomas replied 2 years ago.

 

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Do you intend to travel, work and settle in the UK with them please?

Kind regards.

Tom

Customer: replied 2 years ago.

 

Yes

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.


She and the children (unless they have portugese passports) will have to apply for and obtain an EEA family permit in order to secure her leave to remain in the UK to work. She will need to apply for it before she can travel and must submit the appropriate documentation to the UK embassy closest to her:-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/

Once she has come to the UK on her family permit she will be eligible to apply to the UKBA for a residence card which confirms her right of residence in the UK on the basis of your marriage:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

It will either take the form of an endorsement in her passport or as a separate immigration status documents confirming her right to reside here for 5 years.

At the end of this time she will be able to apply for a Permanent Residence here if she wishes and has not spent significant time outside the UK.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

Kind regards,


Tom
Customer: replied 2 years ago.
Thank you for your help but I want my spouse and children to be of a Portugese nationality so could you tell me the procedures of becoming a Portugese Nationality?
Expert:  Thomas replied 2 years ago.
I am a UK lawyer. There is no Portugese section on this website.

However EEA law in this regard is harmonised so the provisions will be nearly identical. You should speak with a POrtugese lawyer to confirm this.

Trust this clarifies, please click accept.

Tom
Customer: replied 2 years ago.

 

Is there a minimum duration that I the EU national has to be in the UK before I can call my spouse and children here?

Expert:  Thomas replied 2 years ago.
No, you can travel together.

If you travel first and remain in the UK for 3 months you will have to prove that you are working though.

Please click accept.

Tom
Thomas, Solicitor
Category: European Law
Satisfied Customers: 6369
Experience: UK based Immigration Solicitor
Thomas and other European Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Tom,

 

As per requirement for EEA family permit,I dont have aPortuguese passport. I only carry ID. Can you please advise me whether ID would be sufficient to enable me to apply EEA family permit for my spouse and children.

Expert:  Thomas replied 2 years ago.
Hi,

The supporting documents page refers to a passport:-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/documents/

My clients have always provided a passport but I have spoken to colleagues who say that they have been successful with an ID card issued by the government of the relevant country provided there is a sufficient reason why they cannot apply using a passport (eg. lost passport, no time to get another issued).

If you can arrange for a further passport easily then I would get this and then apply.

Kind regards,

Tom
Customer: replied 2 years ago.
Many thanks for your assistance
Expert:  Thomas replied 2 years ago.
No problem. Good luck.

Tom

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