UK Tier-4 visa holder and EU Citizen. Please help.

[akgr8898]

Hi,

I am an Indian student in the UK from September 2015 on a tier-4 visa. At the time of applying for the tier-4 visa, I was only an Indian Citizen. But now, from the 29th of October, I am also an EU Citizen(Portuguese) as my citizenship request in Portugal has been accepted(as my father is Portuguese).

I have not yet applied for the Portuguese national ID Card which gives me right to live and work and travel anywhere in the EU including UK.

I want to know if there would be any problem (with the UK authorities) if I apply for the Portuguese ID card, as I also have a tier-4 visa on my Indian Passport valid upto January 2017.

Please Help.

[CR001]

Your Indian nationality ceases the day you obtain another country's nationality.

You should apply for your Portuguese documents as then you will be on the EEA route. Bear in mind that if you follow the EEA route and you study full time, you will need to have comprehensive sickness insurance.

[akgr8898]

Thanks CR001.

I Wish to keep my Indian Passport till the time my UK Visa is valid. I will surrender my Indian passport after the Visa expires and pay the necessary fines(if any) and sort the matter with the Indian authorities.

I want to continue my education as an Indian Citizen and after completion(in a year`s time), surrender my Indian Passport.

My only concern is whether the UK authorities would have a problem if i have a valid tier-4 visa and also a Portuguese ID card?

[CR001]

if you have a valid visa you have a valid visa, nothing HO can do. I would be more concerned about your Indian citizenship issues and the fines that you will have to pay.

[akgr8898]

Thanks CR001. Indian Citizenship issues are in place. I just have to pay around £150-250 and surrender my Indian passport and apply for an OCI Card. Was just worried about the HO. Thanks again. Cheers

[secret.simon]

I presume that you are Goan and that your father claimed Portuguese citizenship thus making you Portuguese.

As CR001 said, the Home Office does not care what category you are on within the UK, so long as you are legal.

But you will want to acquire a Portuguese identity document (passport or ID card) at the earliest. Indian law imposes penalties on travel using your Indian passport from 90 days after you lose your Indian citizenship and also requires you to surrender your Indian passport within 3 years of acquisition of other citizenship. But in any case, you sound like you have thought that end through.

My only concern is whether the UK authorities would have a problem if i have a valid tier-4 visa and also a Portuguese ID card?

As your Indian citizenship has ceased, I would think that your visa will have ceased with it. But as EEA citizens do not require a visa to study in the UK, that question is moot. However, you will need to be able to prove that by a Portuguese identity document.

Although the Indian authorities or the Portuguese authorities will not inform the Home Office of your change of citizenship, it would be best to get a Portuguese identity document at the earliest opportunity.

Bear in mind that if you follow the EEA route and you study full time, you will need to have comprehensive sickness insurance.

Quite an important requirement that many EEA applicants trip over.

Your university study fees are dictated by your status on the first day of the first term of study. If you were an Indian citizen on that day, you will pay overseas fees for the whole course in spite of having become a Portuguese citizen. Of course, if you were to move to Scotland, your university education now would be free.

[noajthan]

Thanks CR001. Indian Citizenship issues are in place. I just have to pay around £150-250 and surrender my Indian passport and apply for an OCI Card. Was just worried about the HO. Thanks again. Cheers

You may want to dig into the difference between citizenship & holding a passport.

As has been pointed out, even though you may still be holding an Indian passport and a UK visa, (both with expiry dates in the future), the question is: are one or both still both valid if your original citizenship has ceased.

If you are happy to pay whatever fines your previous country imposes for still using their passport then that is your business.

However it would be prudent to check your visa is or is not valid as it was issued to you as an Indian citizen.

Note: HO expects such changes to be reported too (within 3 months), as per:
https://www.gov.uk/change-circumstances ... have-a-brp

If it turns out your visa is no longer valid then your University may be more than interested to see an EEA national's RC confirming your right to study with them in UK.
(Be aware, universities have to operate as proxy immigration officials these days & are subject to penalties for any failings on their part).