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Macau Portuguese Passport (renewal?) in UK

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froggo2
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Joined: Mon Sep 02, 2019 12:40 am

Macau Portuguese Passport (renewal?) in UK

Post by froggo2 » Mon Sep 02, 2019 1:36 am

A bit of a weird one, just seeking some advice before I seek legal representation (since I don't even know where to find legal advice familiar in this territory). Also forgive me if this is in the wrong place, please move it accordingly. I will ask multiple questions and reference each part accordingly. We are looking to get a passport for travel/holiday.

I have a British passport as I was born in the UK and my father at the time was a EU citizen. I have also grown up and went to school here, GCSEs, A Levels, uni/degree and now work here. My father is of Chinese descent but moved to Macau and applied for citizenship back when it was under the sovereignity of Portugal, therefore at the time was a Portuguese citizen. As you may be aware of Article 3 of the Nationality Law of the People's Republic of China, he must renunciate his Chinese (or Portuguese) citizenship.

During this time, he moved to the UK and went through the legal hoops and got one of these blue permit cards (photo not mine), inside stating that the holder has permanent residence in the UK. He has lived and worked (paid tax) in the UK for more than 30 years and I don't think he's left the UK in over 20 years.
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1) That permit has long expired. From brief research, it seems that it is still valid as a permanent residence permit (aka should have rights to stay) but probably will be unable to travel? Is this the case, or should we apply for something stronger? Unfortunately my mother/his spouse has a Chinese passport with ILR otherwise we could've just applied for British citizenship via that route.

After reading other posts on here, under most conditions once granted permanent residence and unless a serious crime is committed or they leave, you are allowed to stay. Given the nature of this easily forged paper card, I have to ask what is needed to be done in order to travel back to the UK. 2) How do we go about getting a document that allows return to the UK? Surely if this document isn't valid, we'd be able to either a) get a more up-to-date permanent residence permit - the biometric cards - using multiple bases (e.g. lived in the UK for many years, or close family in EEA holding British passports) or b) maybe even apply for EU settlement? I'll most likely consult the Home Office regarding this but it's worth asking you guys.

That aside, he has lost his passport and even if he hadn't, it's long expired (probably over 10 years). He does however have a Portuguese ID. As Macau is now under the sovereignity of China, getting a Portuguese passport maybe a bit difficult as he has neither lived in Portugal nor know the language. 3) The problem lies how do we go about getting a new passport? Is he even considered a Portuguese citizen? If not then can he get a Chinese passport or is he considered stateless? 4) Would he be able to regain his Chinese citizenship based on Article 4?

Thanks in advance, it's probably a bit of an odd one? Everything I've said is about half a day's worth of research so I'm probably missing a lot of "obvious" stuff. After quickly reading some other cases, I'll probably need to find a solicitor.

froggo2
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Posts: 2
Joined: Mon Sep 02, 2019 12:40 am

Re: Macau Portuguese Passport (renewal?) in UK

Post by froggo2 » Mon Sep 02, 2019 1:44 am

Apparently I can't edit my post, but the blue card was issued in 1994 and it does not have any stamps other than 2 circular Home office stamps, the "permanent residence in UK" was hand written, signed and stamped. Hence why I am suspicious of this easily forged document.

gmanlondon
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Joined: Fri Feb 14, 2020 2:07 am

Re: Macau Portuguese Passport (renewal?) in UK

Post by gmanlondon » Sat Feb 15, 2020 4:17 pm

Hi there

First of all, although I'm no lawyer, I have British Citizenship and Portuguese nationality. I also have relatives in Macau, so I am familiar with some of the issues you a talking about.

Since the handover of Macau from Portugal to China, Macau has its own passports and ID cards. Macau citizens are allowed dual nationality (same as Hong Kong citizens), unlike mainland Chinese. My uncle and his family are in this situation. I would say the majority of Macau citizens are still Portuguese citizens, because they were automatically Portuguese before 1999, and so their descendants can claim Portuguese citizenship if their parents have retained it. It must be claimed through parentage, not grandparents, so any parent must register their child's birth at the nearest Portuguese embassy or consulate if they want their child to have Portuguese nationality.

You state that your father has a Portuguese identity card (the old ones are called Bilhete de Identidade, the new electronic ones are called Cartão de Cidadão). If it is valid then he can make an appointment at the Portuguese Consulate in London or Manchester, depending on your location. For the consulate in London, email CAC.RU@AMA.PT or ring 020 3636 8470 to make an appointment. He needs to bring his Portuguese ID card to the appointment. Just to warn you that their services (London consulate) are terrible and regularly slated by the Portuguese community in the UK.

Regarding his position in the UK, I recommend he applies for Settled Status for EU citizens in the UK. If he is not familiar with smartphones then I recommend you help through the process, which involves downloading an app. The app is now compatible with iPhones now.

I also recommend you get Portuguese citizenship for yourself, but that's another post!

I hope this helps. You probably have sorted it out by now.

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