June 2021 deadline – Visas, Residency & Citizenship – Expats Portugal Community Forum
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June 2021 deadline


Posts: 2
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Topic starter
(@papasmurf)
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Joined: 1 year ago

Good Morning. I watched with interest the British Embassy You Tube link.

I have a simple question with a slightly complicated lead in so I will set the background.

My wife and I have owned and regularly used a house in Lagos for some 15 years. We have never stayed more than 90 days in any rolling 180 day period. We have never stayed more than 183 days in any 365 days. In 2020 we have spent around 120 days with a long stay of 89 days up to 26th November. We came very very close to applying for Residency towards the end of November but got cold feet as I am still working part time in the UK, have 2 paid up pensions, and 2 private pensions. My UK tax affairs are relatively straightforward having sold my business in 2019 [6th April].

We will after gaining residency take advantage and apply for the NHR Regime. We are back in the UK and it may be difficult to come back to Portugal in the next 2 weeks or so to complete residency at the Camara as our initial intent.

So here is the question.

Based on the above can we apply for residential status in the period 1st January 2021 up to late June 2021 using the “qualifying information above” Or is our only option to use the 3rd Country scheme anytime after 1st January 2021.

Kind Regards Clive

6 Replies




Posts: 1980
VIP Member
(@old-bloke)
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Joined: 13 years ago

My understanding is that the Withdrawal Agreement requires you to "establish residence" in Portugal prior to 31/12/20 to allow you to register under EU rules until 30/6/21.

Have you considered your wife returning here prior to 31/12/20 and registering, maintaining her residency by ensuring she spends at least 6 months each year in Portugal, then when you are ready you can join her under re-unification of family rules.

The main difficulty with that is that you as non resident would have your visits limited to 90 days in every 180 days. 

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Posts: 2323
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(@x-camone)
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Joined: 12 years ago
Posted by: @old-bloke

My understanding is that the Withdrawal Agreement requires you to "establish residence" in Portugal prior to 31/12/20 to allow you to register under EU rules until 30/6/21.

My understanding differs slightly.

EU countries divide into 2 groups when it comes to the system they implement for UK nationals resident prior to transition period end. These systems are known as constitutive and declaratory.

Constitutive systems are like the UK's and make it obligatory for residents to apply for a new status and documents. The rule on those is that they must allow until at least 30th June 2021 for those to be applied for.

Declaratory systems do not require that a new status is applied for but must provide an option for a new document to be issued as evidence that eligible citizens are protected under the Withdrawal Agreement. Given the supposedly voluntary nature of the declaratory system, at least theoretically there should be no deadline for any exchange of documents.

There's a document here which shows the list of states, which system they're operating and, in the case of those implementing a constitutive system, the deadline date for applications.

As you can see from that, Portugal is operating a declaratory system and therefore there is no deadline date in the relevant column. 30th June is therefore a red herring in relation to this.

The authorities here did issue a statement recently about new documents, saying they would shortly be made available for exchange to those holding an existing document but presumably they will also be issuing them to anybody who can establish by other means that they were resident in Portugal prior to end of December but who doesn't yet hold existing documentation. Even so, I would suggest that obtaining a residence document prior to 31st December might be the safest bet if at all possible.

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2 Replies
VIP Member
(@old-bloke)
Joined: 13 years ago

Noble Member
Posts: 1980

@x-camone

Does not what you are referring to relate to the change from an EU citizens resident's certificate/card to be replaced with the new (protected rights) resident's permit/card which are being introduced to differentiate between full blown EU citizens rights and ex EU citizens who will maintain some EU rights as per the Withdrawal Agreement.

From the SEF website;
"Because Portugal has opted by non-demanding the change of the residence status to the United Kingdom nationals, and their relatives, so far, the proceeding of issuing the documents of residence is kept unchanged.

Subsequently, the British citizens continuing living in Portugal under the Withdrawal Agreement will be issued new residence documents."

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VIP Member
(@x-camone)
Joined: 12 years ago

Noble Member
Posts: 2323

@old-bloke

Yes it does, but not in any way that makes it exclusively so, as far as I can tell.

I haven't come across anything that explicitly states that people resident but with no residence registration document as of 31st Dec will have until (but only until) 30th June to get one. Neither in the WA, nor in any of the PT information published on the matter.

My understanding is that all residents should ensure they are registered by the end of the transition period and that they will then be able to exchange the registration document for a new-style one in due course.

Various sources state (or have stated, when speaking about the matter) that the residence registration document isn't the only way of proving one's entitlement and that those who remain undocumented could still get a residency document as long as they can satisfy the authorities that they have been living here under the terms of FoM but they have also stressed that it would be better and easier to have a document issued beforehand in the usual manner.

I don't know how they would view a request for retrospective consideration as in the OP's scenario where he has never gone beyond what is allowed for visitors. The owning of a property does not, in itself, enhance one's immigration status. Moving here prior to end of transition with intent to occupy it as one's primary home would, though. It would also considerably ease the process of long term residency.

I will, of course, happily stand corrected on any of these matters given sound reasoning or production of any evidence to the contrary. And I am aware the British Embassy referred to the 30th June in their Q & A video - I'm just not convinced they were correct in doing so, having not seen anything in print to support it.

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Posts: 1980
VIP Member
(@old-bloke)
Noble Member
Joined: 13 years ago

The way I understand what SEF, the EU, and the British Embassy have been saying is that the 30th June cut-off is for registering under current EU citizen rules (EU passport & job/sufficient funds), if not done by that date SEF will require additional evidence (i.e. evidence of daily life in PT) that the applicant was in fact residing in PT before 31/12/20 to process such applications as protected rights applications under the protection of the Withdrawal Agreement.

But as you say, the safest option is to set up home here before 31/12/20, and if not registered before then, save anything and everything that proves you have made Portugal your home. 

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Posts: 2
Community Member
Topic starter
(@papasmurf)
New Member
Joined: 1 year ago

All

Thank you for your responses. We will continue to review our situation. We will loose BUPA cover and fall off the UK treatment/waiting list so the obtaining of future heath services/cover will be an important consideration. NHR will also be important to us as being a Chartered Structural Engineer i will fall under the scheme. To make the best use of the full 10 years of tax savings under pension income it may be 2022 before we commit. The “transition period” from Brexit may have been extended  and still be active at that point!!

Kind Regards Clive

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