Is it still possible to get NHR even if not able to move this year?

@SimCityAT

Lol

Read the relevant judgement by the ECJ

https://eur-lex.europa.eu/legal-content … 2002CJ0200

@elarnar

I know that case and it centred on a Chinese National who gave birth to a child in Northern Ireland before Dec 2004 and thus received Irish Citizenship by default. Since that date Ireland has altered its legislation to NOT confer automatic citizenship by birth alone and therefore the current Irish law states that the citizenship of a child born in Ireland is determined by the nationality of its parents.

To live in Portugal you would have to satisfy Art 15 of EU family renunification legislation and as Johnny PT has already said you would need to make that case to AIMA as you yourself have no freedom of movement and you relying solely on your child’s status. That hurdle is a much bigger one than any consideration of whether or not you can benefit from the  NHR regime.

I am a lawyer though retired and my best advice to you is to fund the provision of  legal services in Portugal as your case is not straightforward  as you seem to think it is.

Roz

@elaranar

I reread your early post apologise that I missed an important point  that you are a UK citizen. That fact does permit your child to obtain Irish citizenship HOWEVER it does not alter your obligations to apply in Portugal under Art 15 to the immigration authorities to obtain your residency rights based on your child’s status.

To note, the judgment in the EU case you cited from 2002 affirmed that the UK,  the applicant, could not deny permanent residency to the   child’s Chinese mother as the child was living in the UK at the time  as an EU national. These are not your circumstances, and whilst you may have no issues with the portugeuse authorities you still have to apply and make out your  case. That will take time.

Roz

@elaranar

Chen cases are part of the EU Settlement Scheme for the UK. Meaning that EU citizens , family of UK citizens can apply for this scheme and can live in the UK. Not the other way around.

If your family member is a child who was born after 31 December 2020, you can also apply for them to live in the UK.

This is a UK scheme to support EU citizens after Brexit.

To Become a resident on a EU country you need to apply for a resident visa, regardless of your son being a EU citizen or not.