# Regarding temporary residency.



## Mac62 (May 13, 2015)

I've had to post this on a new thread due to the original thread being closed by a hall monitor, and all the bad wee boys got a virtual smack oan th' erse!

I sent off an email to Your Advice Europe, through the European Union website, and asked them if a Camara can refuse a U.K. citizen applying for temporary residency due to Brexit uncertainty, as has been mentioned a few times on this site. And so below is the reply I received today;

_Dear Sir

Thank you very much for having contacted Your Europe Advice

We are pleased to inform you as follows:

1 - The Portuguese government has confirmed British expatriates are welcome to stay and enjoy benefits in Portugal even if there s a no-deal Brexit, but urged Britons to secure residency in time. The rules applicable to you must be exactly the ones applicable to other EU citizens wishing to reside in Portugal.

2 - Thus, Portuguese Town Halls may not refuse you to apply for a registration certificate as a Union citizen under the terms of Act 37/2006.

3 - You do not need a Portuguese Fiscal Number (NIF) to apply for residence in Portugal.

4 - Under Portuguese law - Article 14 of Act 37/2006 - Union citizens who remain in Portugal for longer than 90 days, have to formalize their right of residence by registering at their local Câmara (town hall) within 30 days of three months elapsing since their entry into national territory. The certificate obtained is valid for five years. You may get further information on the GOV. UK website on «Living in Portugal»:

https://www.gov.uk/guidance/living-in-portugal#brexit-what-you-should-do

5 - In order to obtain the registration certificate Union citizens are required to present a valid identity card or passport, together with an oath declaration that the applicant meets the conditions referred to in Article 7: are workers or have sufficient resources for themselves and for their family members.

6 - In what concerns the «declaration of oath» it does not exist an actual wording for a declaration on oath that you have sufficient financial resources for yourself.

7 - As a pensioner, you may present, for example, a bank statement, pension payments etc. proving that you have sufficient means to live in Portugal without becoming a burden on the state.

8 - Article 2 (f) of Portuguese Act 37/2006 defines «sufficient income» as follows:

«f) «Sufficient income» means the resources of the citizen which are no lower than the income level below which the Portuguese State may grant social rights and support to Portuguese citizens, in view of the citizen s personal situation and, as the case may be, of his/her family members.»

9 - The EU law - Article 8 (4) of Directive 2004/38/EC defines sufficient financial resources as follows:

«Member States may not lay down a fixed amount which they regard as sufficient resources , but they must take into account the personal situation of the person concerned. In all cases this amount shall not be higher than the threshold below which nationals of the host Member State become eligible for social assistance, or, where this criterion is not applicable, higher than the minimum social security pension paid by the host Member State.»

10 - Currently, because of the agreement Portugal has with the UK there is no need for UK citizens to have a private health insurance policy but be aware that this may change after Brexit. It is however advisable that you have an EHIC - European Health Insurance Card issued by the British NHS - National Health Service which would allow you to immediate healthcare treatment in Portugal while temporarily in the country. Further information at website:

https://algarvedailynews.com/news/1...cy-for-citizens-of-the-eu-eea-and-switzerland

11 - In what concerns your right of residence in Portugal as a Union citizen (in this case, a British citizen):

Article 7 of Act 37/2006 on the «Right of residence for Union citizens and their family» provides as follows:

1 - All Union citizens shall have the right of residence in Portuguese territory for a period of longer than three months if they:

a) Are workers or self-employed persons in the national territory; or

b) Have sufficient resources for themselves and their family members, together with health insurance, provided the same is required of Portuguese citizens in their home countries;

c) Are enrolled at a private or public educational establishment, officially accredited, if they prove by means of a declaration or by such equivalent means of their choice, that they possess sufficient financial resources for themselves and their family members, together with a health insurance, if required of Portuguese citizens in the Member State of which they are nationals;

d) Are family members accompanying or joining a Union citizen who satisfies the conditions set out in the preceding subparagraphs.

12 - We suggest that you contact CNAIM - Centro Nacional de Apoio à Integração de Migrantes (National Center for Support for Migrant Integration) and ask for further advice. Website:

https://eportugal.gov.pt/en/servicos/centros-nacionais-de-apoio-a-integracao-de-migrantes-cnaim-

13 - You may also contact an EURES advisor in Portugal - the European Job Mobility Portal. Website:

https://ec.europa.eu/eures/eures-apps/um/page/public?=undefined〈=en#/adviser/search/list

14 - We remind that as a Union citizen you are entitled to equal treatment towards the nationals of the country and you may not be discriminated against on grounds of your nationality namely in what concerns access to employment, work conditions, wages, holidays, social support, etc.

15 - As a British citizen, you may ask for the support of the British Embassy or Consulate in Portugal and of British Associations in the country. It is also advisable that you register at the British Consulate in Portugal.

16 - As this case is related to the free movement of a British citizen and it is still unpredictable the consequences of Brexit, we remind that:

For the time being EU law remains fully applicable in the UK and personal EU rights are currently in no way affected. It is unclear and unforeseeable what the effect of an eventual departure of the UK from the EU on the applicability of EU law in the UK and on personal EU rights will be. This will depend upon the future negotiations between the UK and the EU. Until the process foreseen in Article 50 TEU has been completed, the United Kingdom remains a member of the European Union, with all the rights and obligations that derive from this. According to the Treaties which the United Kingdom has ratified, EU law continues to apply to the full to and in the United Kingdom until it is no longer a Member.

17 - Legislation:

- Lei 37/2006 de 9 de Agosto que regula o exercício do direito de livre circulação e residência dos cidadãos da União Europeia e dos membros das suas famílias no território nacional e transpõe para a ordem jurídica interna a Directiva n.º 2004/38/CE, do Parlamento Europeu e do Conselho, de 29 de Abril - Act 37/2006 of 9 August regulating the exercise of the right of free movement and residence of citizens of the European Union and their family members in national territory and transposes Directive 2004/38/EC of the European Parliament and of the Council of 29 April.

You may access this Act at site of Procuradoria Geral da República:

::: Lei n.º 37/2006, de 09 de Agosto

- Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

You may access this directive at site:

http://eur-lex.europa.eu/legal-content/PT/TXT/PDF/?uri=CELEX:32004L0038&from=PT

- Portaria n.º 1334-D/2010 e 1334-E/2010 de 31 de dezembro que Aprova os modelos de certificado de registo de cidadão da União Europeia, (...) (Ordinance No. 1334-D / 2010 and 1334-E / 2010 of 31 December approving the European Union Citizen Registration Certificate templates).

Website: https://dre.pt/application/dir/pdf1s/2010/12/25302/0032800330.pdf

18 - Useful contacts:

- Embassy of the United Kingdom in Portugal:

Website: https://www.gov.uk/world/organisations/british-embassy-lisbon

- UK help and services in Portugal:

Website: https://www.gov.uk/world/portugal

- British Associations in Portugal:

Website: https://www.expatica.com/pt/moving/integration/expat-groups-and-clubs-in-portugal-part-i-105328/

Sincerely
Your Europe Advice

To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail._

Hopefully some will find this helpful, gee's us a wee bit mare claritae! Or not.


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## gbbo (Jan 7, 2020)

There doesn't seem to be any mention of proof of address in that reply but I assume it would be needed as part of the application process.

When registering for EU residency once in Portugal (Lisbon) are there any requirements for the proof of address? 

For example would a rental contract need to be for a minimum time or would an agreement for a short term stay (like an AirBnB) be sufficient? I assume that simply staying in a Hotel would not be allowed.

Any help appreciated..


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## gbbo (Jan 7, 2020)

I am slowly getting to a point where I think I understand what is needed to get this temporary residence. Here's where I'm at;

-Go to Portugal (nothing required)

-Move in to an Airbnb or similar (which will give an address of where you are living)

-Get NIF number from any Financas office

-Apply at the local Camara office to where you are living at the time and provide;

EU PASSPORT
NIFF NUMBER
PROOF OF ADDRESS (Airbnb contract or tenancy agreement)
PROOF OF INCOME (Bank statements with sufficient funds to live on)

As I understand it, NO Attestando is required to do any of this.

Ideally I would try to fly over and get this completed before 31st January for peace of mind.

Thoughts please..


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## Mac62 (May 13, 2015)

Hi gbbo,

If you go back and do a search on the site relating to temporary residency you will find a lot of helpful info.

I myself haven't figured out why it is suggested in the info on this site that you need a NIF number when applying for residency, but in my email reply from Your Advice Europe, they say a NIF number isn't necessary?

I wish you well and good luck!


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## Strontium (Sep 16, 2015)

If you are worried about NIF then you can make an appointment at a Portuguese bank office (ie in London - millennium bcp london office) and take your I/D + utility bills and open a bank account at a branch of you choosing in Portugal which also included getting you a NIF and based on your UK address without ever visiting Portugal.


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## b0ll0cks-to-brexit (Oct 25, 2019)

Strontium said:


> If you are worried about NIF then you can make an appointment at a Portuguese bank office (ie in London - millennium bcp london office) and take your I/D + utility bills and open a bank account at a branch of you choosing in Portugal which also included getting you a NIF and based on your UK address without ever visiting Portugal.


What a misleading headline. No wonder people post confusing questions here.

As EU citizen (please no bashing that there is no such thing, get educated), you can
apply for a *registration certificate* as a Union citizen under the terms of Act 37/2006. You are not applying for temporary residence in camara!

https://europa.eu/youreurope/citize...ormalities/registering-residence/index_en.htm

If one doesnt want to exercise his freedom of movement rights, there is nothing stopping one applying for residence based on national law, i.e. golden visa, etc.

Also, word of caution about getting NIF as advised above. There have been cases where people who wanted to move to PT had to ask financa to cancel their bank related NIF, as it's not proper full NIF. Then had to wait for its cancellation process and then apply for new proper NIF in country. Hell of mess if you ask me. 
Would I risk it, nope.


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## Mac62 (May 13, 2015)

Hello folks,

All your replies are interesting, but as I said to gbbo, why does Your Advice Europe say in line 3. of their email to me: 

_3- You do not need a Portuguese Fiscal Number (NIF) to apply for residence in Portugal._

Has anyone on the forum applied and received a temp residency *without* a NIF?

Thanks in advance.


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## RichardHenshall (Jul 26, 2009)

Mac62 said:


> Hello folks,
> 
> All your replies are interesting, but as I said to gbbo, why does Your Advice Europe say in line 3. of their email to me:
> 
> ...


I don't have a definitive answer for you.

It is an EU requirement that an 'EU citizen' cannot be required to undergo any residence formalities until three months of residence have elapsed but it would be difficult to live normally in Portugal for three months without having a a Fiscal Number (no job, bank account, car, utilities etc etc). In practice it's likely that an EU citizen registering after 3 months will have a Fiscal Number for other reasons, even if it's not essential for registering.

In short, why not just get it anyway? It will be needed soon enough anyway.


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## Mac62 (May 13, 2015)

Thank you for the reply Richard. And yes I agree, logic would dictate that it would make sense to go ahead and get a NIF for the reasons you stated.


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## b0ll0cks-to-brexit (Oct 25, 2019)

Mac62 said:


> Thank you for the reply Richard. And yes I agree, logic would dictate that it would make sense to go ahead and get a NIF for the reasons you stated.


As Richard mentioned above, you dont NIF to apply for registration, but some camara bureaucrats can insist on it.

You dont have to wait 90 days to apply for registration cert, you can do it from day 1.


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## Mac62 (May 13, 2015)

Ok, cheers BTB!


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## allsorts (29 d ago)

I have recently completed my biometric data for a new Portuguese residency permit following Brexit, does anyone know how long it takes SEF to issue the new permit and whether they come by registered post or regular post. I am currently in the UK as my mum is in hospital but don't want to miss out on getting my residency permit.
Thanks


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