Hi, I am an Indian citizen and was in London on student visa from September 2015 to February 2017. Currently I am in India as my student visa has expired. My boyfriend is Portuguese and living and working in London since 2014 and we met when I was in London and lived together since May 2016 until February 2017. During that time we gave a notice of marriage and the validity of it is until December 2017. During that time we couldn't get married due to some reason and I came back to India but we want to get married now and I want to go to London and live and work there. It will be really helpful if you can give feedback on this situation and provide the information of further process.
Thank you for your enquiry.
The fiance visa category is not something that you and your boyfriend can use as he does not have permanent residence in the UK. After 5 years of working, he can apply for a Permanent Residence Card and then, can rely on the UK immigration rules rather than the European Regulations. The reason for this being mentioned is because the UK immigration rules allow for you to apply for a fiance visa, which ultimately will allow you to marry in the UK. However, he does not have Permanent Residence and does not qualify to apply for one.
Moving away from what we cannot do, I will try to make the answer to your immigration question as simple as possible by telling you the option that is best given we must rely on the European regulations instead of the UK immigration rules.
First, if you want to be together in the UK, you will need to get married. This can happen abroad in India, Portugal or any country where you can legally get married (other than the UK). Once you are married, you can then make an application for a family permit in India which will be issued for a period of 6 months. Once this is issued, you can make an application for a Residence Card from inside the UK which is valid for 5 years.
We will need to prove that your boyfriend is working in the UK which is known as exercising treaty rights. There are of course, many other requirements that we need to discuss, which I suggest we do in a telephone conference at your convenience.