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Visa application assistance

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Old Mar 9th 2023 | 3:17 am
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Default Visa application assistance

I (UK national) have recently moved to Portugal with my wife (PT national). Sleep-deprived after having a baby, I misunderstood the information online and thought I didn't need a visa as I qualify for citizenship after having been married for 3+ years.

Obviously this is incorrect, and I should have organised a visa before I came to Portugal, but here we are.

With the issues at SEF, it's unlikely I'll get an appointment for family reunification any time soon (I was advised maybe not for 1+ years(!)), so will need to apply for a visa.

Given the time-pressure involved (I can only stay here for 90 days), I need to get this resolved as quickly as possible. Does anybody have recommendations for lawyers/companies who can assist with a visa application? I want to make sure all the documentation I'll need is present and correct, to minimise any chance of the application being delayed, and the more I read on the SEF website the less I understand, so want to hire someone to help me out here!

The last company I contacted quoted an absurd amount for this service (north of €2,500) so really hoping someone here has some suggestions!

Thanks in advance for any help!

additional information: I am a freelancer, working for UK clients. My income should be just above the threshold needed to qualify for a digital nomad visa. I can potentially also qualify for a passive income visa, as I'll be subletting my UK flat to a friend for the foreseeable future

Last edited by ldnporto; Mar 9th 2023 at 3:22 am. Reason: additional information
 
Old Mar 9th 2023 | 5:41 am
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Default Re: Visa application assistance

Hello idn - not sure how much background reading you have done already but I wonder if some browsing in the following websites might help you to clarify your situation before you get tied up with lawyers. It seems better to be well-informed before someone tries to pull the wool over your eyes and charge you for things you may not need!!!

https://eportugal.gov.pt/en/cidadaos...ir-em-portugal
Note there are telephone numbers at the bottom of the page though SEF is notoriously bad at taking calls, but if you do get through they may be helpful to your particular case.

Also from the point of view of a UK citizen here is
https://www.gov.uk/guidance/living-in-portugal

and this (though the translation offered in English is a bit dodgy the list of documents seems sensible) seems to cover your case
https://www.crownportugal.eu/family-...r-for-portugal
 
Old Mar 10th 2023 | 3:54 am
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Default Re: Visa application assistance

Those links are useful, thank you. I'm none the wiser regarding what I have to do while waiting the unspecified time before SEF offers appointments, but hopefully better versed to speak to a lawyer
 
Old Mar 10th 2023 | 8:34 am
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Default Re: Visa application assistance

In the absence of a SEF visit, no harm in going to your local town hall/camara and declaring your registration and see what comes of it.

https://www.acm.gov.pt/-/sou-cidadao...r-em-portugal-

 
Old Mar 10th 2023 | 8:10 pm
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Default Re: Visa application assistance

Rooftile - that seems a sensible way to tackle the situation. Is it naive to suggest that it should be done from the Portuguese side, as in the Portuguese citizen returning to home country makes the application at the Camara, and declares a family member as prospective resident. At the very least the PT citizen should get valid advice as to how to proceed on the spouse's behalf?
 
Old Mar 11th 2023 | 7:28 pm
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Default Re: Visa application assistance

I don't think the OP will get anywhere with the Câmara - they can only deal with what has been delegated to them. Non EU citizens' processing is all dealt with at SEF offices.

They'll probably just look sympathetic and say they understand it's difficult, but keep trying.
 
Old Mar 11th 2023 | 9:52 pm
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Default Re: Visa application assistance

If I were in the OP shoes, I would go to the Camara ‘register’ myself, they might give further advice too, then go online and get an appointment with SEF and just sit tight to the appt date. You have then done all you should do and can do….except pay 2500€+ to a lawyer which you can still do if it makes you sleep better.
 
Old Mar 11th 2023 | 10:14 pm
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Default Re: Visa application assistance

The OP can't register at the Câmara.

That process only applies to EU citizens.

And the getting of an appointment with SEF is nigh-on impossible via any channel unless you're already in possession of a visa.
 
Old Mar 11th 2023 | 10:50 pm
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Default Re: Visa application assistance

I have no reason to doubt you. However the EU statement per my other thread states…During their first 3 months in your host country, your family members who are not EU nationals cannot be required to apply for a residence card confirming their right to live there - although in some countries they may have to report their presence upon arrival.

After 3 months in your host country, your non-EU family members must register their residence with the relevant authorities (often the town hall or local police station).

My only reason to reply is just to offer my support to the OP as to what I would do and the facts from the EU per above….(often the town hall….). It could be a wasted visit to the Camara, but sometimes new info comes just from asking…
 
Old Mar 13th 2023 | 8:58 pm
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Default Re: Visa application assistance

Originally Posted by ldnporto
Those links are useful, thank you. I'm none the wiser regarding what I have to do while waiting the unspecified time before SEF offers appointments, but hopefully better versed to speak to a lawyer
Get on Facebook and join the group The British Immigrants in Portugal Group (note the exact name) and you will get all the help and advice that you need FOC - worse case scenario is that you book a zoom call with the main moderator costing £50 but I doubt that you will need that.

There will also be many others in that group in your situation who can advise from experience.
 
Old Mar 13th 2023 | 11:03 pm
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Default Re: Visa application assistance

Thanks for all the helpful replies, I'll do as suggested and 'register' myself at the Camara (if possible, in one way or another). As Rooftile notes, worst that can happen is a wasted trip. I'll have a look at that Facebook group as well, thanks NSG666

In the meantime, a friend of a friend suggested a lawyer they know who may be able to help me. I'll report back with any findings through the process in case it's of use to anybody else here. One thing that I was told was that, once an appointment with SEF has been booked (no matter if that appointment is a long way into the future), my status in Portugal will be 'normalised', a sort of pre-settled status if you will, so I shouldn't have any problems with the authorities while waiting for the appointment. (this is perhaps obvious, especially seeing as I'm the spouse of an EU citizen, but was nonetheless a bit of a weight off my mind)
 
Old Mar 14th 2023 | 2:26 am
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Default Re: Visa application assistance

Regardless of whether you have a pending appointment with SEF, the authorities are highly unlikely to give you any bother at all because they don't go around seeking out people who don't have documented authorisation to reside. You would have to be in particular situations (usually of a dubious nature) for it to come to their notice in a way that might cause them to act. Generally though, your immigration status will either be invisible or of no concern (or both) to officialdom.

Couple of things that occur to me, though, off the top of my head.

When you entered the country, were you accompanied by your wife and did you make it clear at passport control that that was the case? You wouldn't be subject to the normal 90 / 180 Schengen rule when travelling together.

With regard to the near future, are you going to need to travel at all and if so, would it always be with your wife?

Although the (enforced) absence of a residence permit shouldn't be a problem with regard to your remaining in the country, it may lead to some difficulties with administrative matters. For example, it might create a problem in getting registered in the public health system, which in turn would lead to difficulties accessing the full range of services available. This may have cost implications for those you could, along with you not getting the benefit of subsidies on prescription medicines.

Another thing you might need to look at in a bit more depth if you're going to be here for the foreseeable future, is where you stand with regard to tax and social security contributions. Even if your income is from abroad, if you're doing it here as a freelancer you would normally pay your dues here - but again, getting a Social Security number or a tax id as a resident (or changing a non-resident tax id to a PT address) without a residency document could prove problematic these days.

Not trying to be unhelpful here - just highlighting a couple of things that may not have occurred to you, even if there's no risk of being discovered and deported for lack of immigration documentation.

 
Old Mar 15th 2023 | 10:12 pm
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Default Re: Visa application assistance

Originally Posted by Red Eric
Regardless of whether you have a pending appointment with SEF, the authorities are highly unlikely to give you any bother at all because they don't go around seeking out people who don't have documented authorisation to reside. You would have to be in particular situations (usually of a dubious nature) for it to come to their notice in a way that might cause them to act. Generally though, your immigration status will either be invisible or of no concern (or both) to officialdom.

Couple of things that occur to me, though, off the top of my head.

When you entered the country, were you accompanied by your wife and did you make it clear at passport control that that was the case? You wouldn't be subject to the normal 90 / 180 Schengen rule when travelling together.

With regard to the near future, are you going to need to travel at all and if so, would it always be with your wife?

Although the (enforced) absence of a residence permit shouldn't be a problem with regard to your remaining in the country, it may lead to some difficulties with administrative matters. For example, it might create a problem in getting registered in the public health system, which in turn would lead to difficulties accessing the full range of services available. This may have cost implications for those you could, along with you not getting the benefit of subsidies on prescription medicines.

Another thing you might need to look at in a bit more depth if you're going to be here for the foreseeable future, is where you stand with regard to tax and social security contributions. Even if your income is from abroad, if you're doing it here as a freelancer you would normally pay your dues here - but again, getting a Social Security number or a tax id as a resident (or changing a non-resident tax id to a PT address) without a residency document could prove problematic these days.

Not trying to be unhelpful here - just highlighting a couple of things that may not have occurred to you, even if there's no risk of being discovered and deported for lack of immigration documentation.
These are good points — I am working as a freelancer (for UK-based clients) but had intended to move all my tax affairs here. This may well be difficult without the residence card.

I do already have a NIF and a Portuguese bank account, from the purchase of a flat a few years ago. Hopefully these will be enough to do what I need to with regards registering for tax here (though, in lieu of a residence card, I suppose it's likely I won't be allowed to work without applying for one of the digital nomad or similar visas)
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Old May 31st 2023 | 3:45 am
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Default Re: Visa application assistance

Originally Posted by ldnporto
Thanks for all the helpful replies, I'll do as suggested and 'register' myself at the Camara (if possible, in one way or another). As Rooftile notes, worst that can happen is a wasted trip. I'll have a look at that Facebook group as well, thanks NSG666

In the meantime, a friend of a friend suggested a lawyer they know who may be able to help me. I'll report back with any findings through the process in case it's of use to anybody else here. One thing that I was told was that, once an appointment with SEF has been booked (no matter if that appointment is a long way into the future), my status in Portugal will be 'normalised', a sort of pre-settled status if you will, so I shouldn't have any problems with the authorities while waiting for the appointment. (this is perhaps obvious, especially seeing as I'm the spouse of an EU citizen, but was nonetheless a bit of a weight off my mind)
I was wondering if you’d heard anymore regarding your situation? I am a U.K. citizen and my husband is PT, we share a 1 year old & thinking of moving back to Portugal. I have a NIF and healthcare number, but a bit iffy on the visa side of things. Confused as to whether I need to go to the consulate here in the U.K. or an appointment with the SEF. Seems a bit ambiguous when it comes to the process!
 
Old May 31st 2023 | 4:07 am
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Default Re: Visa application assistance

Originally Posted by starr_ringo
I was wondering if you’d heard anymore regarding your situation? I am a U.K. citizen and my husband is PT, we share a 1 year old & thinking of moving back to Portugal. I have a NIF and healthcare number, but a bit iffy on the visa side of things. Confused as to whether I need to go to the consulate here in the U.K. or an appointment with the SEF. Seems a bit ambiguous when it comes to the process!
There is nothing ambiguous about process.

Hope your child has already been registered with PT embassy, so to enable it to acquire PT citizenship.
You need to apply to SEF in PT for residence card. Details: https://imigrante.sef.pt/en/solicitar/residir/art98-1/
If you travel to PT, you must apply to SEF within 90 days. SEF appointments are hard to get.
 


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