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liksah wrote:Sorry that your spouse is facing this issue. You could try and escalate the matter within the Portuguese Consulate. Perhaps the people who you spoke to just are not well informed about this issue or perhaps there is some kind of diplomatic snubbing going on here at the cost of regular people (the UK has been making it notoriously difficult for spouses and family members of EU nationals.. just check the UK forum here.. =/)
However, the law is the law and you should be able to find someone reasonable enough in the Portuguese consulate to help you out. No, the current immigration status does not matter.
Your other option is to go by land/road/ferry and try to get into France on the basis of your marriage documents, passports, etc. They are supposed to grant you entry at the port of entry if you can prove that you are direct family. Of course, this might fail but it's worth a shot based on the refusal you have received from the Portuguese. An offer letter from your employer will also help. How is your French?
LiveFree15 wrote:I would like to exercise my right according to Directive/2004/38/EC to permanently move to
Portugal with my wife.
I am UK Citizen and my wife a Guinean Citizen who overstayed her visa before we got married
due to health reasons. We were told by the Portuguese consulate that My wife's passport could
not be used to obtain a entry visa because it was over TEN years old. Her passport is currently
valid, it was extended by the Guinean embassy in Portugal for 1 year on 10/4/2015 so that she
would able to travel with me.
She can not return to Guinea because she fears for her safety and the Guinean embassy in
Portugal can't renew the passport without her physically being there, new passport require
fingerprints. No Guinea embassy in the UK.... Once in Portugal it will only take 15 days to renew
it
Q - Is this a violation of Directive/2004/38/EC by the Portuguese consulate????
Directive/2004/38/EC Article 5 only states that the passport has to be valid which it is.
Directive/2004/38/EC, clearly states that:
•the national authorities demonstrate that the visa applicant is a genuine, present and
sufficiently serious threat to public policy, public security or public health; or
•the national authorities demonstrate that there was abuse or fraud.
Please help i have Business opportunity next month.