[2025] EWHC 1713 (Fam)

In light of the SJE immigration expert’s opinion that M’s property in Portugal may not be a sufficient permanent address for the purpose of M renewing her existing visa or obtaining a new one, F thereafter offered M the use of a family property. However, his mother lives upstairs. Unsurprisingly this was not attractive to M. At my encouragement F put forward an alternative option which was that he would pay the rent on a property owned by his cousin for a year and which is currently vacant and available for immediate occupation. At my suggestion F also offered to pay the costs of M’s immigration application being prepared and supported by a lawyer capped at €3,000 in the first instance (which was the cost estimated by the SJE of this work being carried out by one of his colleagues). F also agreed to write off any sums he considered M owed him (in the sum of c. €3,500). Further “if pressed” he offered to cover health insurance for M and B for one year with the premium of €900 for year to be paid direct to the provider.

I will accept these undertakings in their final form as offered with amendments that (i) as to the write-off of the alleged debt this is to include F not seeking to offset any or all of the same against the sums owed for maintenance /accommodation; (ii) F is not to seek to remove B from M’s care save for the purposes of contact as agreed by the parties or ordered by the Portuguese court; (iii) F is to make payment of the deposit and initial month’s rent prior to M’s return to Portugal so that the property is available for her; (iv) the first payment of €800 pm is to be made before M’s return; (v) F is to make such payment (if any) to the immigration lawyer as is necessary for M begin the process of the renewal of her immigration visa prior to 30^th June 2025; and (vi) the provision of the €800 pm, the accommodation, and the car is to be for a minimum of a year or until the positive determination of M’s immigration application (if earlier). I consider that not only is this the appropriative duration for the purposes of protective measures but this longer period of support is also likely to be of assistance in satisfying the Portuguese immigration authorities of proof of (permanent) residence and income.