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?

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  • On paper, yes it's possible – Gayot Fow Jun 27 '17 at 15:38
  • Even if her visa is expired, her presence in Portugal is legal because she is there with you and she therefore enjoys freedom of movement under EU law. – phoog Jun 27 '17 at 17:47
  • If you are, as you say, looking to move to the UK, then this question belongs on Expatriates. – phoog Jun 28 '17 at 18:06

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.

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