Case Study
Date
November 2022
Type of case
Immigration
Residence Visa Application for Digital Nomads and Family Member Accompaniments - How to navigate through the diplomatic issues
Situation Overview
In August 2022, Nimali, a Sri Lankan citizen and a remote accountant for an Australian company, sought our services to plan her immigration to Portugal. She intended to move with her husband and mother-in-law, as she was the primary financial provider for the family. In response to this request, we promptly began the necessary procedures to ensure the success of their immigration process. We obtained the Tax Identification Number (NIF) for the entire family and opened a bank account in Portugal, which was essential to demonstrate the required means of subsistence for the visa application.
While the family was preparing to submit their application, an unexpected turn of events occurred: Nimali discovered she was pregnant. This seemingly simple fact had a significant impact on the process. As a Sri Lankan national, she was required to submit her visa application in person at the Portuguese Embassy in New Delhi, facing tight deadlines due to the restrictions on air travel during her pregnancy. Additionally, the pregnancy increased the amount needed to prove sufficient income, as the family now had to demonstrate 30% more income due to the inclusion of another dependent.
Our Strategy
Upon learning about the pregnancy, we quickly and efficiently revised our strategy. We decided the best course of action was to submit the residence visa applications before the baby’s birth, which was done in March 2023. This approach avoided the need for later adjustments and ensured the family met all legal requirements.
When the visas were approved in May 2023, Nimali‘s baby had already been born. With the additional challenge of obtaining a visa for the newborn, our team acted swiftly. We contacted the Portuguese Consulate in New Delhi to explore the available options, but we encountered difficulties: the consulate faced significant delays and there were no available slots for new applications. Additionally, Nimali was still in the postpartum recovery phase, and the baby was not in a condition to travel to India.
Given this scenario, we proposed an innovative solution. We negotiated with the Portuguese Consulate and secured authorization for the French Consulate in Sri Lanka to issue a temporary Schengen visa for the baby, based on a formal request from the Portuguese Consulate. This allowed the entire family to travel legally to Portugal, where the second phase of the process would begin: family reunification for the baby once Nimali obtained her residence permit.
Conclusion
Thanks to our strategic approach, Nimali‘s family was able to overcome all the challenges of the immigration process and legally move to Portugal. The temporary Schengen visa ensured that the baby could accompany the parents, and the family reunification process was initiated shortly after their arrival. This case demonstrates our ability to act quickly, adapting strategies to meet the unique needs and circumstances of each client.
Our law firm played a crucial role in mediating between diplomatic delegations and finding solutions that ensured the safe and legal immigration of the family. Nimali‘s story is a testament to our commitment to excellence and efficiency in handling complex immigration processes, proving that no matter the challenges, we always find creative and legal solutions for our clients.
