Frequently Asked Questions
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.
Yes. The Withdrawal Agreement protects the so-called “cross-border workers”. The cross-border worker is someone who is employeed or selfemployed in a country and lives in another country. The cross-border worker may continue working in Lisboa and living in London, and apply for the Portuguese competent authorities to issue a document certifying to be a cross-border worker protected by the Withdrawal Agreement. This document will ease up its working trip between Portugal and the United Kingdom.
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).
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.
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.
Yes. The Withdrawal Agreement protects every family member who legally lives in Portugal with a United Kingdom citizen before the transitional period ends.
The Withdrawal Agreement resumes the provisions of the legislation on free movement in the EU, which already protects third-countries’ national spouses who get divorced from a EU citizen. If you have lived in Portugal being married and file for divorce, you may continue living in Portugal after the transitional period. After five consecutive years of legal residence, you may obtain the right of permanent residence in Portugal.
Yes. The Withdrawal Agreement protects partners which, at the end of the transitional period, keep a long lasting relationship with a national of the United Kingdom, even if they no longer live together at the Host Member State. Therefore, you may join your partner in Portugal, with the condition that, when you do, you still keep a long lasting relationship and the other keeps the residence in Portugal.
Nationals of the United Kingdom protected by the Withdrawal Agreement in a Member State cannot call upon it to obtain the right of free movement to another Member State, nor to get established or provide services or cross-border services to people established in another Member States. This fact does not affect any rights in as much as nationals of the United Kingdom may benefit under other legal instruments of the EU or the national law.
Following the end of the transition period, nationals from the United Kingdom living in Portugal before the end of the transition period may exit and return to Portugal, showing their passport, as long as they have supporting evidence in which they are residents. They may submit their certificate of registration at the City Hall and the supporting evidence of the application for the new residence document held at Portal do SEF for Brexit. The digital form of the supporting evidence of exchange of residence, read by QR Code, may be printed and used whenever travelling, as supporting evidence of your residence in Portugal. Family members which are not citizens of the European Union have the same rights by submitting a valid passport and their residence card.
No. With the condition that you hold a valid document issued by Portugal supporting your residence status under the Withdrawal Agreement.
The transition period started February 1st 2020 and ended December 31st 2020.
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, parents, grandparents, children, grandchildren 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.
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 will be given information about the procedure to be taken soon.
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.
As a national from the United Kingdom living in Portugal, after the end of the transition period on December 31st 2020, it is now necessary to exchange your current residence document as a citizen of the European Union by the new residence permit which confirms your resident status under the Withdrawal Agreement. You should register again at Portal do SEF for Brexit, to apply for your new residence permit.
In case you did not apply for the certificate of registration at the City Hall before the end of the transition period, you will be given information about the procedure to be taken soon.
No. As long as you manage to submit supporting evidence in that you are living in Portugal before the end of the transition period. You will be given information about the procedure to be taken soon.
As in the EU Law, the right of residence under the withdrawal agreement is not dependent on the knowledge of the Portuguese language.
British citizens living in Portugal who are also family members of EU citizens benefit both from the statuses. You may apply for the new residence document as a beneficiary of the Withdrawal Agreement, or for the residence document of a family member of a EU citizen. The Withdrawal Agreement ensures you the right of residence in Portugal only, however as a familiy member of a EU citizen you have the right of free movement and residence in all EU.