mrconfused

Hi all,

Me and my wife are hoping to move back to England more or less as soon as is viable to do so.

I'm a British Citizen and my Wife is from Brazil. We're currently living in Portugal.

Short history for context:

Met in 2019 and moved in together in 2019 in the UK.
Left UK in August 2020 to get married in Portugal (my wife overstayed her visit visa in the UK).
I registered as a resident in Portugal and my wife has a Spouse of an EU citizen Portuguese residency card for 5 years.

From my research it doesn't appear we are eligible for any type of EEA route so the Spouse Visa would be the only option?

Just wanted to make sure there wasn't a simpler option before going with the most complex and lengthy option.

Thanks!

BritInParis

https://www.gov.uk/family-permit/eu-...ritish-citizen

mrconfused

[QUOTE=BritInParis;12982280[/QUOTE]

Thank you! I had checked that but was told we couldn't use it by a solicitor because we weren't married before February 1st 2020?

SanDiegogirl

The relationship with your family member must have existed before 1 February 2020 for you to be eligible to apply, unless you have reasonable grounds for not returning to the UK before 1 January 2021.

Sounds like you were living in the UK from 2019 to August 2020 , but your, now, wife was only on a visitor visa - which she overstayed.

Usually, time spent together on a visitor visa is not relevant for immigration purposes - it is not recognised as 'living together is a relationship akin to marriage'

mrconfused

As it's free to apply and we have a lot of documentation we can provide, do you think it's worth applying and if refused then apply under appendix FM?

SanDiegogirl

As it's free you have nothing to lose....... if refused you'll be able to apply for a spouse visa subsequently.

mrconfused

Thanks, just a clarifying question as I can't seem to find the relevant guidance. From my understanding the permit is for 6 months? Then should pre-settled status be applied for?

SanDiegogirl

Yes, that's my understanding......