# Can our baby’s father join us living in Portugal?



## Tropicalelf (Jul 10, 2018)

I am an EU (UK) citizen with a 7 months old baby EU (UK) citizen. My partner and baby’s father is a US Citizen. We have been partners for over 2 years but cannot evidence cohabitation as partners for 2 years or more. We plan to move to Portugal in October this year. My baby and I can claim residency via EU rights, and the rules state “family members” are also eligible, but can my partner me counted as a “family members” on grounds of being the father of our baby? The Portuguese SEF site refers to accepting ‘dependent descendents’ and ‘dependent ascendants’ but makes no mention of non-EU parents of EU children. Does anyone have any specific knowledge of this situation or any relevant legal cases?


----------



## travelling-man (Jun 17, 2011)

Tropicalelf said:


> I am an EU (UK) citizen with a 7 months old baby EU (UK) citizen. My partner and baby’s father is a US Citizen. We have been partners for over 2 years but cannot evidence cohabitation as partners for 2 years or more. We plan to move to Portugal in October this year. My baby and I can claim residency via EU rights, and the rules state “family members” are also eligible, but can my partner me counted as a “family members” on grounds of being the father of our baby? The Portuguese SEF site refers to accepting ‘dependent descendents’ and ‘dependent ascendants’ but makes no mention of non-EU parents of EU children. Does anyone have any specific knowledge of this situation or any relevant legal cases?


Go to the Govt website at www.sef.pt (English language option at top left) & look at reunification of family rules but the short answer is yes, if you can prove the relationship.


----------



## Tropicalelf (Jul 10, 2018)

Thanks for replying Travelling Man! I have looked again at the SEF website, but I still can’t see any reference to being the parent of an EU child. It refers to dependent (eg elderly) parents but doesn’t seem to offer the situation that you are the parent of a small baby or child. Here are the 4 options they give: 

Who may apply?
Family members of citizens from the European Union, Iceland, Liechtenstein, Norway, Principality of Andorra and Switzerland, of the following categories:
1. Spouse;
2. Relatives in the descending line under 21 years old; 
3. Relatives in the descending line over 21 years, that prove to be dependent from the rights holder; 
4. Relatives in the ascending line if dependent of the rights holder.

I can’t see how my baby’s father would fit into any of those categories other than spouse, but we are not married and can’t prove cohabitation for 2 years.
I have no doubt that the spirit of the rule should accommodate our situation, however it doesn’t seem to be covered in the wording.... have you ever heard of a parent getting residency without marriage or provable cohabitation with the other parent? Or do you have a contact for any immigration lawyer or SEF personnel we could consult with directly? Thanks so much!


----------



## travelling-man (Jun 17, 2011)

It's not about him being the father but rather about him being your partner & you have to find a way to prove the two of you have a long term relationship. 

Portugal tends to suffer from variable bureaucracy where individual civil servants interpret the rules any way they like & they're also not great at long distance communications I'm afraid. 

You & the child can get in easily & getting NIF number & residency is easy for you both & probably the easiest answer is for you to do that & for your partner to come in on a Schengen Visa & once here, you make a joint appointment at your local SEF office to start the process of getting him residency under the reunification of family rules................ it'll probably take longer to get the initial appointment than the visa is good for but they'll send you a visa extension when they give you the appointment. 

But you will have to find a way to prove the long term relationship.


----------



## Tropicalelf (Jul 10, 2018)

travelling-man said:


> It's not about him being the father but rather about him being your partner & you have to find a way to prove the two of you have a long term relationship.
> 
> Portugal tends to suffer from variable burreaucracy where individual civil servants interpret the rules any way they like & they're also not great at long distance communications I'm afraid.
> 
> ...


Thanks for the context info and explanation. We won’t be able to get any formal certification from the UK to prove the long term relationship. We also can’t marry yet. Sounds like our only chance might be a lenient local officer, which is not a very secure basis. This is a really difficult one....


----------



## RichardHenshall (Jul 26, 2009)

He doesn't have to be able to prove any relationship, except for an application under family reunification conditions. He could just apply for visas etc as an individual, though that would bring other qualification requirements.


----------



## travelling-man (Jun 17, 2011)

RichardHenshall said:


> He doesn't have to be able to prove any relationship, except for an application under family reunification conditions. He could just apply for visas etc as an individual, though that would bring other qualification requirements.


That's interesting Richard........ maybe rules have changed & it was a few years ago but a friend of mine had the Devil's own job getting residency for his girlfriend who was from a non EU country......... That said, there was a considerable age gap between them which I'm sure made SEF suspicious


----------



## RichardHenshall (Jul 26, 2009)

I didn't say it would be easy, just an alternative. Not every immigrant has a partner who is a holder of passport from an EU member country.


----------



## travelling-man (Jun 17, 2011)

RichardHenshall said:


> I didn't say it would be easy, just an alternative. Not every immigrant has a partner who is a holder of passport from an EU member country.


True but in the case of the O/P & of the friend I mentioned, one was a UK passport holder & the other was not.

But things might have changed in the interim.


----------



## Naaling (Apr 9, 2015)

Tropicalelf said:


> Thanks for the context info and explanation. We won’t be able to get any formal certification from the UK to prove the long term relationship. We also can’t marry yet. Sounds like our only chance might be a lenient local officer, which is not a very secure basis. This is a really difficult one....


 I think you will find that your child is all the proof you need.


----------



## Italia-Mx (Jan 14, 2009)

It works the same way for the European Union as it does for the United States. If your baby's father does not qualify for a visa in his own right, the only way he can come to any country in the European Union and stay permanently is if he's married to the baby's mother. If it were reversed, the only way the baby's father could bring the baby's mother to the United States is if he were married to her. I would assume the reason you are moving back to the EU is because you are no longer permitted to remain in the USA.


----------



## travelling-man (Jun 17, 2011)

Both SEF & EU changed some of their pages recently but the previously published info on both SEF & EU websites definitely referred to partners as opposed to husband/wife being entitled to reunification of family rights & I'm 99% sure that also applied to same sex relationships BUT (note the big BUT) the applicants were expected to prove the relationship........ However, I've no idea what criteria they had to meet to do that which is why I suggest contacting SEF direct. 

A good starting point for research would be here: https://www.sef.pt/en/pages/resultados-pesquisa.aspx?k=reunification of family


----------



## travelling-man (Jun 17, 2011)

Here you go. 

Article 2:2 under definitions refers to spouse & partner not to husband/wife

I haven't had time to check the entire document but will try to do so later

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02004L0038-20110616&from=EN


----------

