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British Citizen but can get Portuguese Citizenship - Options to bring family

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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ibrahim9140
Newly Registered
Posts: 24
Joined: Sun Jun 08, 2014 12:29 am

British Citizen but can get Portuguese Citizenship - Options to bring family

Post by ibrahim9140 » Mon Feb 25, 2019 4:19 pm

Hi,

I am a British citizenship , I have recently gor married and my wife is Non-EEA member, my wife also has child age of 8 years old from her first marriage for which she holds a full custody and I W
have also got a Guardainship through court.

My question is that my father was Portuguese citizen but now has BC, through him I can be Portuguese citizen aswell. Would it be worth for me to apply for my family to join through EEA route as it will cost me nothing. Would my family be allowed to stay with me. My sole purpose to acquire Portuguese citizenship is to avoid all the cost that is assosicated apply for spouse visa through BC.

Any advice will be great and complication I might face regarding this.

Looking forward to your replies.

Thank you.

secret.simon
Moderator
Posts: 11119
Joined: Thu Feb 21, 2013 9:29 pm

Re: British Citizen but can get Portuguese Citizenship - Options to bring family

Post by secret.simon » Mon Feb 25, 2019 5:25 pm

A dual British-EEA citizen is considered a solely British citizen for immigration purposes (the first McCarthy judgment), unless either s/he was an EEA citizen who exercised treaty rights in the UK and subsequently acquired British citizenship (Lounes case) OR s/he exercised treaty rights as a British citizen in another EEA member-state where s/he either created or strengthened family life with their spouse/family member (Surinder Singh judgment).

Being a dual British-EEA is not enough. One needs to have exercised treaty rights in an EEA member-state of which one is not a citizen in order to be able to bring family members under EU law.

Simply put, there is no way around the fees for you.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ibrahim9140
Newly Registered
Posts: 24
Joined: Sun Jun 08, 2014 12:29 am

Re: British Citizen but can get Portuguese Citizenship - Options to bring family

Post by ibrahim9140 » Tue Feb 26, 2019 10:19 am

@secret.simon Thank you for your response

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