Frequently Asked Questions
RESIDENCE REQUIREMENTS THAT MUST BE MET TO BE UNDER THE WITHDRAWAL AGREMEENT
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» as well. A cross-border worker is any person pursuing an activity as an employed or self-employed person in a country and who lives in another country. He/she may continue working in Lisbon and living in London. The Portuguese authorities may be required to issue a new document in which it is stated that he/she is a cross-border worker protected by the Withdrawal Agreement. This document will ease the travelling to Portugal, continue working in that country and return to the United Kingdom.
Yes. Because you have worked in Portugal for, at least, five years, you already have the right of permanent residence which is not subject to any requirements (as the obligation 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.
RELEVANT RULES TO ABSENCES COVERED BY THE WITHDRAWAL AGREEMENT
It won’t have any effect on your rights in Portugal. The EU legislation in matter of free movement currently in force provides the periods of absence less than six months per year don’t affect the continuing of residence (In the case of study, the periods of absence less than twelve consecutive months). Those assurances are provided in the Withdrawal Agreement as well.
As a British citizen, I acquired the right of permanent residence in Portugal under the EU legislation in matter of free movement in 2010. In March 2017 I left Portugal to study in Germany. Will I have to return to Portugal before the transitional period ends in order not to lose my rights in that country?
No. Because you have already acquired the permanent residence in Portugal before leaving, you will be covered by the Withdrawal Agreement if you return within a five year time from the date of leaving.
Yes. You may stay with your father. The proceeding adopted by Portugal under the Withdrawal Agreement ensures that every family member, whatever the nationality, who, by the end of the transitional period, is legally living in Portugal with a United Kingdom national, may stay in the same conditions as the ones existing before the end of the transitional period.
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 takes up the provided in the EU free movement legislation which, in certain conditions, already protects the spouses of third countries divorcing a citizen of the EU. If you had lived in Portugal being married and before getting the divorce, you may continue living in Portugal after the transitional period ends. When the divorce becomes final, there are conditions which the EU legislation in matter of free movement associates to the right of residence, as you were a citizen of the EU. After five consecutive years legally living in Portugal, you may apply for the settled status in Portugal.
Yes. The Withdrawal Agreement protects companions with a long lasting relationship with a United Kingdom national by the end of the transitional period, but is not living with that companion in the Host State, in that case in Portugal. You may be joining your companion in that country, as long as you keep a long lasting relationship when you are moving and he keeps the residence in Portugal.
You can all stay, as long as you meet the requirements of legal residence. The Withdrawal Agreement ensures that, after the transitional period ends, not only the United Kingdom nationals (that is, your son) may stay in Portugal, but your relatives who are not citizens of the EU as well (such as is the case of your daughter), whose presence is needed not to deprive your son from the right of residence granted by the Withdrawal Agreement.
RIGHT OF RESIDENCE
Yes. Because you have lived in Portugal for, at least, five years, you have already acquired the permanent right of residence which is not subject to any conditions (as having to continue being a family member). This right is kept by the Withdrawal Agreement.
The United Kingdom nationals 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 establish themselves or render services or cross-border services to persons established in another Member States.
This fact does not hinder any rights the United Kingdom nationals may hold under other legal instruments of the EU or of the National law.
However, the citizens of the United Kingdom complying with the requirements of legal migration within the EU legislation, may temporarily or permanently go to other Member States.
For example, the United Kingdom nationals, to whom a Member State applies the Schengen acquis in full has granted a residence permit under the Withdrawal Agreement, are authorized to move freely within the Schengen Area for 90 days, at most, within 180 days. Currently, the Schengen Area covers most EU Member States, except Bulgaria, Croatia, Cyprus, Ireland, Romania and the United Kingdom (Bulgaria and Romania are about to join the Schengen Area). Amongst the countries which are not members of the EU, Iceland, Norway, Switzerland and Liechtenstein have joined the Schengen Area.
REGULAMENTATION OF ENTRIES AND EXITS
Until the end of the transitional period, the EU citizens and the United Kingdom nationals will continue to travel freely by producing a valid passport or identity card only.
After the transitional period has ended, the EU citizens or the United Kingdom nationals living in a host State before the end of that period may leave the host State and return to the same State by producing his/her valid passport or identity card.
The family members who are not EU citizens will have the same rights by producing a valid passport.
No, as long as you have a valid document issued by Portugal proving your residence status under the Withdrawal Agreement.
The right of permanent residence for UK nationals residing in Portugal under the Withdrawal Agreement is not dependent on the residence document (although, in Portugal, registration is mandatory). However, it is advisable that, before the transition period ends, register your residence within the City Council of your area of residence (for residences under five years old) r within the Immigration and Borders Service (for residences with more than five years).