Can I prove my right to work/be in the UK right now?
April 12, 2016 1:11 PM   Subscribe

I'm here on a Tier 2 visa, but I will be EU soon. Complications inside.

I'm Canadian. I work in the UK. I was issued a Portuguese birth certificate. I'm going to apply for a Portuguese ID card and passport so I can work in the UK as an EU person. I assume the UK won't Brexit in June, but it might.

I'm in the middle of appealing my current Tier 2 visa, whose renewal was cancelled because of an error earlier this year. This means my current leave to remain, as a Canadian in the UK, expires in a few weeks. I can re-apply on Tier 2 but my time is counting down.

I'm guessing the UK government doesn't accept "hey, I've got papers coming around the corner, but I can't tell you the exact date" as evidence of right to be in the UK.

I'm going to try to get some answers from the Portuguese consulate tomorrow on timing. But I'm confused at what my options are - should I continue with the Tier 2 process I started, try my hand at the EU route, or leave for the time being? Is there anything I can say to the UK to explain my situation?
posted by psychic tee vee to Grab Bag (1 answer total) 1 user marked this as a favorite
I'd wait until you talk to the Portuguese consulate. If they can issue you an ID card before your current Tier 2 expires, then you'll be good.

If it will take longer than that, then you can re-apply for the Tier 2 in order to stay 'legal' until then or you can leave the country and re-enter once your Portuguese ID is sorted. Here are some points I think you should consider. This does not constitute immigration advice. I am not an immigration lawyer.

1. The safest option, and the one I'd pursue if I were you is to apply for your Tier 2. The important thing is not to be in the country without a legal right to be there. This will assuredly come back to haunt you later in life. (Also, based on my wife's experience with the London Portuguese Consulate, they do not appear to be the speediest organization...)

2. How sure are you about getting your ID? You mention a birth certificate but are you certain will this lead to nationality? Being born there is not necessarily enough.

Also, don't worry about the Brexit. Even if it passes, that means the UK enters into a couple years of negotiation about it. And, although they may disallow new EU migrants, they also probably won't kick out existing ones.
posted by vacapinta at 1:35 PM on April 12, 2016 [2 favorites]

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