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Discussion Starter · #1 ·
The underlying situation is slightly more complex than the title suggests!

I'm an Indian citizen resident in the UK for 7 years. I am also in the process of acquiring Portuguese citizenship via ancestry. This application is being processed at the Portuguese Consulate in Manchester. So on completion, I shall be present in the UK, with a new Portuguese citizenship/passport, while still in possession of my Indian Passport with a valid British Visa.

As India does not allow dual citizenship with either UK or Portugal, can you foresee any complications that might arise during this process?

I assume, however rare, that there could be others who have, for whatever reason, had to switch their citizenship while in a foreign country. Can you provide me some guidance on this issue?

How does this affect my residency in the UK, past, present and future? Does a change in nationality basically reset my status, etc?

All feedback is appreciated!
 

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Other than no dual-nationality issue which you must resolve yourself (e.g. getting PIO card for £217 from the Indian High Commission), there is no big complication about your status in UK. On acquiring Portuguese nationality and getting its passport, you automatically benefit from the EU Freedom of Movement provision and can continue living and working in UK without any further formality. You don't have to do anything about your UK visa in your Indian passport - you can just let it lapse, and simply use your Portuguese passport for all your travels, and with PIO card for entering and leaving India.
 

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Discussion Starter · #3 ·
And Marriage? Have I got it right?

Thanks for your great response Joppa!

I am now wondering about the steps I shall need to follow now that I am married! :peep:

So, while this process was happening in the background, I got (willingly) roped into getting married to my longtime sweetheart :ballchain:. All is fine and dandy but now I realise that all the knowledge I had about British visas as an Indian is useless to me!

From what I gather, my wife will need to apply for a EEA Family Permit as detailed on the ukba site "ukba.homeoffice.gov.uk|eucitizens|eea-family-permit|applying" (My account is not an active account yet, to post URL's :fingerscrossed: but I had to show you the place I was referencing). She will be applying for the permit from India. As far as I know, I underwent a standard legal ceremony with no complications and completed all formalities.

Am I on the right track? Are there any known complications/cases? Are there better guidance/information sources than the UKBA site that I should be reading?


---

I ask this as a continuation of my above query, but if it is more appropriate as a separate post, please advise as such and I will cross-post it. :)

Thanks again!
 

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Where is your wife now? If she is on a visa (other than visit visa) in UK, she can go for residence card. But if she lives abroad, she needs EEA family permit in advance, esp as she is a visa national.
Your wife can apply for EEA family permit in India being married to a Portuguese national, and once in UK, and provided you are exercising treaty rights, she can apply for residence card valid 5 years.
 

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Discussion Starter · #5 ·
Where is your wife now? If she is on a visa (other than visit visa) in UK, she can go for residence card. But if she lives abroad, she needs EEA family permit in advance, esp as she is a visa national.
Your wife can apply for EEA family permit in India being married to a Portuguese national, and once in UK, and provided you are exercising treaty rights, she can apply for residence card valid 5 years.
The all-knowing Joppa, thanks again :D I'm avoiding simply replying with a thanks immediately after your answer, instead waiting for an update to the situation. But do understand, your (and the whole community's) help is truly appreciated! ;)


So the update is that my wife has started the EEA Family Permit process in India. It wasn't a smooth application though. The online form requires my Registration Number, which is the number of my Residence Card. This is weird because:
  • firstly, I am not required to hold one,
  • secondly, the paper version of the EEA-FP explicitly states that this info is optional

This however got me thinking about what I need to do for the future. Once my wife arrives to the UK with the EEA-FP, she will have to apply for an EEA Family Member Residence Card, namely EEA2. While I will be eligible to apply for the Permanent Residence Card, EEA3. So the doubts are:
  • Do I really need to apply for one? All along I was under the impression that I will have to, but I came across this clause today on the EEA2 form that suggests otherwise
    There is no requirement for your EEA national family member to apply for a registration certificate and we can decide your case without them applying.
  • If I don't have to, go to next doubt :) Can EEA2 and EEA3 applications be combined? I've only seen examples of EEA1/2 and EEA3/4 online.
  • Is card obtained via EEA3 literally the common man's Permanent Residency or ILR?
  • Is there actually any benefit in obtaining the PR if it is not required, as I believe it simply gives me a right of abode or "settled" status
 

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Briefly, getting confirmation of permanent residence will help speed up the processing of your wife's residence card - not invariably but usually from experience.
You just put both applications in the same envelope.
Getting permanent residence may help you and your wife, such as when travelling together, when you need to show your settled status (say in getting insurance, credit, mortgage, student finance etc) and when you decide to get British citizenship.
But will you be eligible for permanent residence? You need to live in UK for 5 Years as EEA citizen, and you only became Portuguese citizen recently. Or was your citizenship backdated to your birth or at a point in the past?
 

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Discussion Starter · #7 ·
But will you be eligible for permanent residence? You need to live in UK for 5 Years as EEA citizen, and you only became Portuguese citizen recently. Or was your citizenship backdated to your birth or at a point in the past?
Your other points have been noted. Thanks.

About the quoted bit of text, I am slightly confused myself about this. So, I have been in the UK since 2007:
  • 2007 to 2008: Indian Citizen - Student Visa
  • 2008 to 2009: Indian Citizen - Tier 1 (Post Study Work) Visa
  • 2009 to 2014: Indian Citizen - Tier 1 (General Migrant) Visa
  • 2014 onwards: Portuguese Citizen

Via the Non-EEA route, I was eligible for PR in 2015, while with the change in circumstances I was under the impression that I am eligible probably now. (Probably just a feel-good factor and no reasonable analysis!) What are your thoughts?

My Passport and Citizen Card both have a validity from 2014, whereas my Birth has been registered in Portugal as part of standard procedure. Is this the back-dating you are referring to?
 

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From 2007 to 2009, your stay didn't earn credit towards settlement because of the type of visa you were on.
From 2009-14 you were on Tier 1 (General) so you were eligible for settlement after 5 years. So the only way to get ILR is to apply for settlement under the UK immigration rules. Is your Tier 1 still valid or only expired less than 28 days ago? Then you can apply for settlement (there is hefty fee for this of £1,093 by post and extra £400 for in-person application). You cannot combine settlement under UK immigration law and permanent residence under EU law. You have to choose one or the other.
By backdating I mean they have confirmed you have been Portuguese citizen from birth rather than you became one in 2014. If the former, I thought there may be mileage in arguing you should be regarded as having lived in UK for 5+ years as EEA citizen.
 

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Discussion Starter · #9 · (Edited)
From 2009-14 you were on Tier 1 (General) so you were eligible for settlement after 5 years. So the only way to get ILR is to apply for settlement under the UK immigration rules. Is your Tier 1 still valid or only expired less than 28 days ago? ......... You cannot combine settlement under UK immigration law and permanent residence under EU law. You have to choose one or the other.
The one bit of information that I have always kept an eye out for, but never found! This does dampen the spirits a bit... :rolleyes: but at least now I know! Yes my visa is still valid on but by law I will have to surrender my Indian Passport in a month. Can't have dual citizenship, and I only complete 5 years after a few months.

By backdating I mean they have confirmed you have been Portuguese citizen from birth rather than you became one in 2014. If the former, I thought there may be mileage in arguing you should be regarded as having lived in UK for 5+ years as EEA citizen.
The british visa parts I would have argued with you like a pro, but here I'm quite novice. I also understand that this may not be your area of expertise, but I'll ask anyways. It's sometimes good to brainstorm!

During the process of becoming a Portuguese Citizen, my parents' and my births were added to their national record. Proof of this is provided to me in the form of Assento de Nascimento (translating to Record of Birth). Based on this I was granted the citizenship. Technically I would have thought this meant that I had always been considered a Portuguese national. I may have also heard passing references to this, but stuff I didn't register in my mind then as it didn't seem of use. An oversimplification is of this process is that people who were born in Portuguese Colonies still under their rule were automatically considered citizens by birth and were allowed claims (in my case my parents were born in Goa, India, while it was still Portuguese).
 

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Yes, you can say that your documents support you are regarded as Portuguese from birth, and so - the argument goes - your stay in UK for the last 7 years should be regarded as residence by an EEA citizen and you should receive confirmation of permanent residence. I think you have to apply on EEA3 with all your supporting documents - professionally translated into English - that you have been Portuguese from birth. Expect Home Office to fight this.
 
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