mpisol1

Hello,

I (British Citizen) have been living in Portugal for the past two years with my girlfriend who is from Brazil.

We are both students and have been studying/working and living together in Portugal for two years. Currently she has a student residence card and I have registered my residency in Portugal (CRUE). We are looking to move back to the UK, and were wondering if we would be able to marry here in Portugal and then get a Visa for her in the UK through the Surinder Singh route?

I had a look at previous posts but couldn't find anything specific to our situation.

Thanks for any help!

holly_1948

I'm not an expert, but I think the main issue is -
have you been economically active in Portugal?

Even a part time job as a librarian in the college bookstore or a weekends-only Summer season washer of dishes would do. As long as it is legitimate (not "paid under the table") no matter how poor the pay or how few hours each week. If not you may have to become economically active for, say, three months before applying.

SanDiegogirl

Better to post question regarding whether you can marry in Portugal in the Portuguese section.

mpisol1

I have just started an internship (unpaid) at a big Portuguese water company, i guess this would be sufficient?

SanDiegogirl

An unpaid internship does not qualify as a 'qualified person' for exercising treaty rights.

Read the following document to understand how you can be eligible for the SS route

https://www.gov.uk/family-permit/surinder-singh

BritInParis

There is nothing to prevent you from marrying and applying for an EEA Family Permit under the Surinder Singh ruling. Whether it is granted is another matter.

Studying is accepted as exercising your Treaty rights under Surinder Singh. The main hurdle to overcome following the tightening of the rules is to demonstrate that you have transferred the 'centre of your life' to the country in question, i.e. you have simply moved to another EU country in order to circumvent the UK immigration rules.

holly_1948

I would play it safe and take a seasonal part-time unskilled job. You don't need the wages, it is the paperwork that shows you had deductions from your (derisory) wages that clinches proof that you have "exercised your treaty rights". Tell your employer that so he isn't disbelieving of your wish to work.
Using "studying" as bip suggests might work, but why needlessly take the risk and give yourself aggravation?
It's hard to see how "doing paid employment" does not constitute changing centre of live if you don't have any tangible assets elsewhere in the world.