The United Kingdom withdrew from the European Union since 1^st February 2020, with the entry into force of the Withdrawal Agreement. It provides for a transitional period, ending on 31^st December 2020; until then, EU law in its entirety applies to and in the United Kingdom.

As Portugal has chosen not to impose the exchange of residence status for UK nationals and their families, at the time of writing this article, the procedure for issuing the Residency document remains the same.

United Kingdom citizens who wish to continue to reside in Portugal under this Withdrawal Agreement, will continue to be issued with EU residency certificates.

1. What are the Residency conditions covered by the Withdrawal Agreement?

The conditions that are covered by the Withdrawal Agreement are the following:

• Engage in a salaried or self-employed activity (or studying); or
• Have sufficient resources; or
• Are family members of a person who fulfills these conditions;
• Cross-border workers are also covered by the same Agreement;
• Hold a valid Permanent Residence Permit;

It is only mandatory to fulfill one of the categories mentioned above.

The Withdrawal Agreement also protects family members who are entitled to rights under European Union law (current spouses and registered partners, parents, grandparents, children, grandchildren and a person in an existing long-term relationship), who do not yet live in the same host State as the EU citizen or the United Kingdom national, in order to join them in the future.

Children will be protected by the Withdrawal Agreement, regardless of whether they were born before or after the UK left the European Union, or whether they were born inside or outside the territory of the State where the Union citizen or the United Kingdom national resides. The exception to the rule concerns children who are born after the United Kingdom exits the European Union and for whom the parent not covered by the Withdrawal Agreement has exclusive custody under applicable family law.

2. Which periods of absences are covered by the Withdrawal Agreement?

Periods of absence of less than 6 months per year, do not affect continuity of residence. Periods of absence of less than 12 months per year, for students, do not affect continuity of residence.

3. What type of Residency titles may be requested?

Depending on how long you have been resident in Portugal, one of the following residency documents may currently be requested by UK nationals:

• EU Registration Certificate, which is obtained from the Town Hall of the area of ??residence, if you have lived in Portugal for less than five years;
• Permanent Residence Certificate, which can be requested from SEF (Foreign Services and Borders) if you have lived for at least or more than 5 years;

3.1 – EU Registration Certificate

Documents required:

• Valid Identity Card or Passport;
• Declaration stating that you have a subordinate or independent professional activity in Portugal; or
• Declaration stating that you have sufficient resources for yourself and your family members, as well as health insurance, provided that this is required in your country of origin for Portuguese citizens;

For students:

• Declaration stating that you have enrolled in a public or private educational establishment, officially recognized, provided that you prove, by means of a declaration or other means of proof of your choice, that you have sufficient financial resources for yourself and your family members, as well as have health insurance, provided that this is required in your country of origin to Portuguese citizens.

The EU Registration Certificate must be requested by all citizens of the European Union whenever they wish to stay in the country for a period exceeding three months. Citizens of the United Kingdom who are currently residing in Portugal and wish to remain here after the 31^st of December 2020, must promote registration at the Town Hall of their area of residency before the end of the year.

The cost of the Registration Certificate is 15€ (fifteen euros) to be paid upon collection, by the applicant.

3.2 - Request for permanent residency for a European Union Citizen

Documents required:

• Prior booking at SEF (Foreign Services and Borders);
• Having resided legally in Portugal for a period of five consecutive years;
• Two photos;
• Valid Passport or Identity Card (and respective photocopies);

If you have changed address:

• Proof of change of address in the form of Parish Council Certificate or Deed of Purchase and Sale or Lease Agreement - and respective photocopy;
• Application form for the Permanent Residence Certificate for Citizens of the European Union, duly completed, which can be obtained on the website or at the SEF Branch;
• The request must be submitted before the EU Residency Certificate expires.

The cost of the Permanent Registration Certificate is 15€ (fifteen euros), to be paid when you submit the process.

4 – When can you apply for Portuguese Nationality? 

To be eligible for Portuguese nationality, you need to fulfill the following requirements:

• Be over 18 or emancipated under Portuguese law;
• Residing legally in Portuguese territory for at least five years;
• Know the Portuguese language sufficiently;
• Have not been convicted, with final judgment, with a prison sentence of 3 years or more;
• Must not constitute a danger or threat to national security or defense, due to your involvement in activities related to the practice of terrorism, under the terms of the respective law.

The necessary documents to submit with the application are as follows:

• Unabridged Birth Certificate (if the certificate is foreign, legalization must be done through an apostille or Portuguese Consulate);
• Birth Certificate must be translated into Portuguese and certified;
• Certificate issued by the SEF (Foreign Services and Borders), proving that you have been residing legally in Portuguese territory for at least five years;
• Certificate that proves that you have knowledge of the Portuguese language;
• Criminal Certificates issued by all the foreign countries where you have lived from the age of 16, translation and legalization must be done through an apostille or Portuguese Consulate;
• Request addressed to the Minister of Justice.

The cost for the application for Portuguese nationality is of € 250,00 (two hundred and fifty euros), to be paid when you submit the process.

5. Conclusion

Given the above, if you are a UK national and intend to remain in Portugal after the end of 2020, it is necessary to assess your case, individually, so as to ascertain what steps you should be taking to be legally resident by the time the withdrawal agreement comes to a close.