Moving to Protugal from UK, Non EU married to Spanish National

[vondom]

Hello,

I would like some advice regarding moving to Portugal from UK. I am a South African citizen and my husband is Spanish. We have decide to look into moving to Portugal and would like to know if this is possible? We have been living in the UK since 2003. My parents are moving to Portugal and I am planning on moving there.

I have a few questions I'm stuck with please....

1) Do I need to apply for a Schengen Visa before going to Portugal?
2) Once I have been a residence in Portugal for 3 months, can I apply for Permanente residence and then after 5 years apply for my Portuguese Passport? What papers are required?
3) Will my husband need to be living with me in Portugal? He will be spending most his time working in the UK and I will be permanently in Portugal with my parents (They are both South African going to retire in Portugal). Does my husband need to be living permanently with me in Portugal before I qualify?

Thank you for any advice or info!

[CR001]

You cannot reside in Portugal (or any EU state) under the EU directive as a direct family member if your EU spouse is not resident with you and exercising treaty rights.

You also cannot sponsor your parents to Portugal if your EU spouse is not resident and exercising treaty rights in Portugal.

You will follow a similar process in Portugal as you have in the UK, re requiring a Residence card for 5 years before PR, during which time your spouse must be a qualified person.

Thought you were separated for two years and looking to apply for ILR 10 years long residence??

indefinite-leave-to-remain/applying-for ... l#p1550165

[vondom]

Thank you for your reply CR001,

I am separated from my husband (very unusual, but we still remain very good friends). I was wanting to apply for ILR. However as it has been pointed out by you beforehand, I don't stand a chance applying for ILR as he is not exercising treaty rights. We are looking into alternative ways for me to stay in the UK or EU as my family and friends reside here and I don't have any ties in South Africa. I've been living her for almost half my life and will look into any means or ways that's possible...

You cannot reside in Portugal (or any EU state) under the EU directive as a direct family member if your EU spouse is not resident with you and exercising treaty rights.

You also cannot sponsor your parents to Portugal if your EU spouse is not resident and exercising treaty rights in Portugal.

You will follow a similar process in Portugal as you have in the UK, re requiring a Residence card for 5 years before PR, during which time your spouse must be a qualified person.

Thought you were separated for two years and looking to apply for ILR 10 years long residence??

indefinite-leave-to-remain/applying-for ... l#p1550165

[CR001]

Portugal or any other EU state won't work with what you are thinking to do with your spouse remaining in the UK.

How old were you when you came to the UK?

How old are you now?

Is there really no continuous 5 year period in the whole time that your partner was a qualified person?

When spouse wasn't working did he not have comprehensive sickness insurance either?

Very difficult to offer any useful advice if we don't know the period of work/non work etc.

[vondom]

Portugal or any other EU state won't work with what you are thinking to do with your spouse remaining in the UK.

How old were you when you came to the UK? I was 20 years old

How old are you now? I'm now 36

Is there really no continuous 5 year period in the whole time that your partner was a qualified person? Nope, afraid he hasn't worked a continuous 5 year period ever

When spouse wasn't working did he not have comprehensive sickness insurance either? Nope

Very difficult to offer any useful advice if we don't know the period of work/non work etc.

Thanks for your advice, anything right now is useful

[mgb]

Portugal or any other EU state won't work with what you are thinking to do with your spouse remaining in the UK.

I'm not so sure. You should thinking about a frontier worker who is coming regularly home.