I am a Portuguese citizen, looking to move to the UK with my wife. She is Brazilian but is currently in Portugal with me. Her tourist visa has expired about a month ago. Can she can apply for a UK Family Permit visa while still in Portugal even if her visa has expired?
closed as off-topic by phoog, Some wandering yeti, Giorgio, David Richerby, Ali Awan Jun 29 '17 at 0:39
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions about immigration or moving for extended periods of time (studies or employment, among others) are off-topic. Our sister site, Expatriates Stack Exchange might be a better place to ask. See also the meta post Is it OK to ask questions about immigration?." – phoog, Some wandering yeti, Giorgio, David Richerby, Ali Awan
Officially, your wife has the right to be in any Schengen zone country as long as she is travelling and residing with you.
The gradual phasing-out of internal borders under the Schengen agreements was followed by the adoption of Directive 2004/38/EC on the right of EU citizens and their family members to move and reside freely within the EU http://www.europarl.europa.eu/atyourservice/en/displayFtu.html?ftuId=FTU_2.1.3.html
The eligibility requirements for the UK EEA Family Permit Visa do not mention current residence or visa status, so there is no reason why it should be an issue: https://www.gov.uk/family-permit/eligibility
However it is possible that your wife will have issues if you attempt to re-enter Portugal after your time in the UK. She will not have the right to travel alone and I have heard anecdotes of non-EU spouses without visas being denied at the border even though they are not officially required to have a visa. For this reason, it is probably a good idea to obtain a visa before re-entering Portugal. She should also be eligible for Portuguese citizenship, which would give her the same freedom of movement that you have.