Portugese husband / Brasilian wife

[rick]

My friends husband is portugese and she is here on a short visitor permit, They were married in Brasil , does she need to go back to Brasil to make a family permit application or can she do it from the UK, they have lots of history / evidence and he has good job / house etc , Any advice would be greatly appreciated

[Wanderer]

My friends husband is portugese and she is here on a short visitor permit, They were married in Brasil , does she need to go back to Brasil to make a family permit application or can she do it from the UK, they have lots of history / evidence and he has good job / house etc , Any advice would be greatly appreciated

In what way is he exercising Treaty Rights? Does he live in UK?

I take it she's here on a UK visitor's visa, you can't normally switch from those but ISTR reading you can to EU Family Permit. I could have dreamt it tho - wait for others!

[rick]

Yes sorry , he has house job and is settled in uk, they travelled back from holiday in Brasil together and sorry again she was given a * To join civil partner Visa at heathrow * for 2 months ............... The question is what visa application does she need to make now. Am i right in thinking she needs to make a FLTR application

[Wanderer]

Yes sorry , he has house job and is settled in uk, they travelled back from holiday in Brasil together and sorry again she was given a * To join civil partner Visa at heathrow * for 2 months ............... The question is what visa application does she need to make now. Am i right in thinking she needs to make a FLTR application

Now that doesn't make sense - civil partner visa is for same-sex couples....

He's not been keeping a little secret has (s)he?

Brazilians don't need a visa to enter UK, they are visa waivered, automatic six month visa.

This is odd, I can only guess the IO didn't want to give the full six months so marked her passport for two months, cos she might settle on it. UK are very good that way, US would just turn you back, I watch 'Airport' all the time, that Eric's a big softie....

Anyway, I presume then she's been given 2 months LTR ie visitor visa as a kind gesture but it is a visitor visa and as such I don't think she can get FLR in from that visa in-country.

Anyway EEA route might be best, ie free since your friend is clearly exercising a treaty right.

Search here for EEA Family Permit, she might be able to switch in-country from that, tho I doubt it, due to the temporary nature of her current LTR.

Of course, I could have this all wrong

[Directive/2004/38/EC]

If she is already here, I think she should just be able to apply for a Residence Card (as the wife of an EU citizen). If he is working or has sufficient resources, I think it should be pretty straight forward.