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Sef - Brexit Faq

The document provides answers to frequently asked questions regarding the rights of British citizens living in Portugal post-Brexit, particularly in relation to residency, employment, and family rights. It outlines conditions under which British nationals can maintain their residency rights, apply for permanent residency, and the implications of the Withdrawal Agreement. Additionally, it addresses the process for obtaining residency documentation and the protections afforded to family members under EU law.

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0% found this document useful (0 votes)
77 views2 pages

Sef - Brexit Faq

The document provides answers to frequently asked questions regarding the rights of British citizens living in Portugal post-Brexit, particularly in relation to residency, employment, and family rights. It outlines conditions under which British nationals can maintain their residency rights, apply for permanent residency, and the implications of the Withdrawal Agreement. Additionally, it addresses the process for obtaining residency documentation and the protections afforded to family members under EU law.

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anon
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Frequently Asked Questions – BREXIT 11/15/24, 12:17 AM

The Wayback Machine - [Link]

 Frequently Asked Questions

I AM A BRITISH CITIZEN LIVING IN PORTUGAL. IN ORDER TO KEEP MY RIGHTS IN THAT COUNTRY MUST I
CONTINUE WORKING?

The Withdrawal Agreement protects nationals from the United Kingdom living in a different State from his/her nationality, as long as the
requirements the EU legislation dealing with the free movement of persons connects to the right of residence are met. Essentially, nationals
from the United Kingdom meet those requirements if:

they hold a paid or non-paid job; or


have enough resources; or
are members of someone else’s family meeting those requirements;

It is possible to move between these categories (for example, leave their job to start studying). In order to keep your rights, the meeting of, at
least, the conditions concerning one of the abovementioned categories, is suffice.

I AM A BRITISH CITIZEN WORKING IN PORTUGAL SINCE 1995. MAY I STAY IN PORTUGAL AFTER RETIREMENT?

Yes. Because you are working in Portugal for more than five years, you already benefit from the right of permanent residence no longer subject
to any conditions (as in to continue working).

I AM A BRITISH CITIZEN LIVING WITH MY FAMILY IN PORTUGAL. MY WIFE IS BRAZILIAN. I AM AWARE OF MY


RIGHT TO STAY IN PORTUGAL. HOWEVER, I DO NOT KNOW WHAT WILL BECOME OF THE RIGHT OF RETURNING
TO THE UNITED KINGDOM WITH MY FAMILY.

The Withdrawal Agreement protects the rights of persons exercising the right of free movement and living in a country which is not of their
own nationality.
The prevailing law of the United Kingdom will determine if the members of their family may live with him/her in that country.

I AM A BRITISH CITIZEN LIVING IN PORTUGAL. HOW LONG MAY I STAY ABROAD WITHOUT LOSING MY RIGHTS?

The right of residence provided by the Withdrawal Agreement is not affected by temporary absences which do not exceed six months in a year,
nor longer absences for the compliance of military obligations, or an absence of twelve consecutive months maximum for important reasons
such as pregnancy or childbirth, serious illness, studying or professional training, or deployment to another Member State or third-country for
professional reasons. Once obtained, the right of permanent residence shall be lost by the absence for a period exceeding five consecutive
years only.

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Frequently Asked Questions – BREXIT 11/15/24, 12:17 AM

I'VE LIVED IN PORTUGAL FOR LESS THAN 5 YEARS AND I HAVE AN EU CERTIFICATE OF RESIDENCY FROM THE
TOWN HALL (CRUE). WHAT WILL BE THE EXPIRATION DATE OF THE NEW CARD?

If you have lived in Portugal for less than 5 years, and you have an EU certificate of residency from the town hall (CRUE), the expiry date on your
new Withdrawal Agreement residence card may not be the date on which you will have been resident in Portugal for 5 years in total and
therefore on which you are eligible for permanent resident status. For example, if you first registered as a resident in November 2019, you will be
eligible to apply for your permanent residency card in November 2024, but your current Withdrawal Agreement residence card might have a
later expiry date. This is because all new temporary Withdrawal Agreement residency cards are issued for 5 years, regardless of the number of
years you have already resided in Portugal. This does not affect your rights in Portugal, including applying for a permanent residency card
when you complete 5 years of continuous residency.

If you are in this situation, SEF advises that you can:

Keep your current Withdrawal Agreement residence card and contact SEF once you have been resident for 5 years in total and are eligible
to apply for a permanent card, even though your current card has not expired; or
Keep your current Withdrawal Agreement residence card and apply for a permanent one once it expires.

This only applies for those who do not already have a permanent residency card. You should be issued with a new Withdrawal Agreement
permanent residency card valid for 10 years.

If you have need further information, or if you want to ask for a replacement card issued for the remainder of your first 5 years of residency,
please contact SEF’s Regional Directorate that issues the residency card. For other questions regarding the residency process, please email
brexit@[Link].

WHO IS PROTECTED BY THE WITHDRAWAL AGREEMENT?

The Withdrawal Agreement protects those EU citizens residing in the United Kingdom, and UK nationals residing in one of the 27 EU Member
States at the end of the transition period, where such residence is in accordance with EU law on free movement. The Withdrawal Agreement
also protects the family members that are granted rights under EU law (current spouses and registered partners, dependent parents/parents-
in-law, children/stepchildren up to the age of 21 or beyond this age if dependent and a person in an existing durable relationship), who do not
yet live in the same host state as the Union citizen or the UK national, to join them in the future.

Children will be protected by the Withdrawal Agreement, wherever they are born before or after the United Kingdom’s withdrawal, or whether
they are born inside or outside the host state where the EU citizen or the UK national resides. The only exception foreseen concerns children
born after the United Kingdom’s withdrawal and for which a parent not covered by the Withdrawal Agreement has sole custody under the
applicable family law.

HOW CAN I APPLY FOR THE CERTIFICATE OF REGISTRATION?

Considering that the transition period ended December 31st, it is no longer possible to apply for the certificate of registration at the City Hall.
You should now request the issuance of a new document. Please send an email to [Link]@[Link], attaching your identity documents and
proof of your stay in the country before December 31st 2020.

I'VE BEEN LIVING FOR MORE THAN FIVE YEARS IN PORTUGAL, BUT HAVEN'T GOT THE PERMANENT RESIDENCE
CERTIFICATE. WHAT SHALL I DO?

If you live in Portugal for more than five years, but haven’t got the permanent residence certificate, you may apply for the replacement of your
certificate of registration with a permanent residence document. For such, you might have to submit supporting documents in which you are
living in Portugal for more than five consecutive years as provided in Law 37/2006, and during that period you have been employed or self-
employed or have had means of subsistence.

[Link] Page 3 of 6

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