# Brexit and residency options



## Mac62 (May 13, 2015)

Hello folks,

Just finished ready the latest update on GOV.UK regarding the latest negotiated Brexit rules for UK citizens residing in EU :

_Agreement on rights for UK nationals and their families
The agreement we have reached for UK nationals and their family members is:

UK nationals, as well as their family members covered by the agreement, who are lawfully residing in a EU27 Member State by 29 March 2019, will be able to continue to reside in that Member State._

This leads me to my question; If I wanted to relocate to Portugal, what are the time parameters I need to consider for applying for residency to be safe using the date of March 29 2019 as a cut-off?, i.e. Is it still residing 90 days in Portugal before I can apply for residency?

Any help or advice would be greatly appreciated!

Cheers.


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## RichardHenshall (Jul 26, 2009)

'Nothing is agreed until everything is agreed'.

If you arrive in Portugal with the intention to become resident there is currently no reason you can't register residency immediately. However it would be sensible to assume that, as the deadlines approach, there will be scrutiny of actions that evidence the stated intent. Turning up on 28 March 2019 might not cut it.


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## travelling-man (Jun 17, 2011)

Mac62 said:


> Hello folks,
> 
> Just finished ready the latest update on GOV.UK regarding the latest negotiated Brexit rules for UK citizens residing in EU :
> 
> ...


Your profile says you're Scottish & living in Spain....... If that's correct then presumably you have residency in Spain?

If so, I think you'll find that under article 70(?) of the 1969 Vienna Convention (enacted in 1980(ish)) you have the right to reside anywhere within the EU because you're already domiciled in the EU.

As for residency here: In that case or in the case of pre Brexit, you don't apply for residency but rather register residency & you are meant to register that residency not before 3 months of arrival & before 4 months.


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## RichardHenshall (Jul 26, 2009)

travelling-man said:


> ... you are meant to register that residency not before 3 months of arrival & before 4 months.


You _must _register after the 3rd month and before the end of the 4th but you _can _register immediately if you wish.


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## travelling-man (Jun 17, 2011)

RichardHenshall said:


> You _must _register after the 3rd month and before the end of the 4th but you _can _register immediately if you wish.


I don't disagree & I registered after 3 weeks...... But they don't (IMO) make that very clear. 

http://www.sef.pt/portal/v10/en/aspx/apoiocliente/detalheApoio.aspx?fromIndex=0&id_Linha=4351


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## Mac62 (May 13, 2015)

Thank you very much for the prompt replies guys! I don't actually reside in Spain, and not really sure how that got posted, I actually reside in the U.S.

Thank you for clarifying on how soon I can apply for residency, as I had assumed that I had to wait for the 3 months to pass after I arrived in Portugal before starting the process. I'm looking at around Sept 2017 as the target date to move, just to give myself some breathing room in case I have any registration problems. 

I also read in one of the new Brexit guidelines that once you are resident, you can leave the country you have just become resident of and, if you wanted to, leave for up to 5 years without jeopardizing your residency? Or have I made a mistake with this statement?

Thanks again for the info!


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## RichardHenshall (Jul 26, 2009)

Mac62 said:


> ... I also read in one of the new Brexit guidelines that once you are resident, you can leave the country you have just become resident of and, if you wanted to, leave for up to 5 years without jeopardizing your residency? ...


Maybe once you've obtained permanent residency after 5 years in Portugal, rather than just registered temporary residence?


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## Mac62 (May 13, 2015)

Ah, that would make more sense! Cheers Richard.


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## Stephen Wonders (Mar 11, 2017)

Bom Dia,

We have long held the aspiration to retire to Portugal and brexit has really presented a problem because of our timescale. 

We expect to buy a home in Portugal this year (central areas, we love the idea of being near to Coimbra) but we do not plan to retire for another three years. 

As home owners in Portugal, could we have residency status in PT and also live and work in the UK under the present law? We would be paying local property tax in PT plus utility bills etc. Is there anything we could do to make our position more secure and certain before March 2019?

I wish brexit would just stop.

Obrigard


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## Mac62 (May 13, 2015)

Latest for UK nationals in Europe.



https://www.gov.uk/guidance/advice-...o-far-on-the-rights-of-uk-nationals-in-the-eu


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## Stephen Wonders (Mar 11, 2017)

I think that gives us hope. We will soon find out.


Obrigard


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