EC Spouse when visiting 3rd country

[incredibleYu]

I have a client who is from India. She arrived in the UK as a tourist on the 27th September 2023 and was granted a 6 months visitor visa (stamped on her passport). She is married to a British Citizen partner, British Citizen partner also holds Portuguese Temporary Residence permit, they both wish to visit Portugal and Italy for short break and see a cousin in Italy.

1. Does anybody know if it is possible to apply for a EC (spouse Visa) from a 3rd Country as a visitor, pay to keep the passport and leave that country before the visitor’s visa expire?

2. or What is the best visa for the visiting visa holder spouse to apply for whilst in 3rd Country to visit Portugal and Italy?

Thank you for your help in advanced.

[meself2]

I am immensely confused.

What's the goal here? Stay together in the UK? Move to Portugal?

If an Indian person wants to visit Portugal/India, they should apply for Schengen visa.

[incredibleYu]

I understand your confusion. The primary goal is to visit Portugal and Italy to see a family member in Italy. In this scenario, if an Indian person wishes to visit Portugal and Italy, they typically need to apply for a Schengen visa.

To clarify the situation:

The intention is to visit Portugal and Italy for a short break and to spend time with a family member in Italy.

I wish to know if it is possible to apply for visit visa whilst in UK as I have conflicting information, some states that you cannot apply for visit visa whilst in UK, you must go back to your country of origin to apply for visit visa.

If anyone can clarify this please

[meself2]

Usually to apply for Schengen visa from UK they would ask for a BRP as a mandatory document, which is not given to visitors, as embassy is intended to serve residents, not visitors.

My advice would be to check with the embassy, just send them an email, but most likely the answer would be negative.

[Casa]

I have a client who is from India. She arrived in the UK as a tourist on the 27th September 2023 and was granted a 6 months visitor visa (stamped on her passport).

1. Does anybody know if it is possible to apply for a EC (spouse Visa) from a 3rd Country as a visitor, pay to keep the passport and leave that country before the visitor’s visa expire?

I can understand meself2 's confusion.

Just to be clear, your 'client' won't be able to submit a Spouse Settlement visa from either an EU country OR when she returns to the UK. This can only be submitted from her country of residence, which in this instance is India.

This is why so many visitor visa applications are refused when their spouse is living in the UK, due to Case Worker's belief that the real intention is to remain once they arrive as a visitor.

[ibwe]

I understand your confusion. The primary goal is to visit Portugal and Italy to see a family member in Italy. In this scenario, if an Indian person wishes to visit Portugal and Italy, they typically need to apply for a Schengen visa.

To clarify the situation:

The intention is to visit Portugal and Italy for a short break and to spend time with a family member in Italy.

For this case, your 'client' will need Schengen Visa. I do not understand why the 'client' did not plan this before going to UK. Having a UK visitor visa already would, in my opinion, strengthen the chances of getting a Schengen Visa provided that the documents are all in order.

[incredibleYu]

@ibwe Thank you for your response.
Unfortunately, due to time constrain she was unable to apply. What's your opinion when she returns to India she submit a application for Schengen visa (She will return within her 6 month visit visa) will not overstay in the UK.

Thank you

[Casa]

@ibwe Thank you for your response.
Unfortunately, due to time constrain she was unable to apply. What's your opinion when she returns to India she submit a application for Schengen visa (She will return within her 6 month visit visa) will not overstay in the UK.

Thank you

I respectfully suggest that your 'client' registers on the forum and posts her questions directly. Posting as a 3rd party is never beneficial.