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Residence Rights After Brexit

With the Conservative election victory in late 2019, the UK government obtained the parliamentary majority required to approve the UK's exit deal from the European Union. Officially the UK will leave the EU on 31st January 2020, although there will be a transition period from this date until the end of 2020. During this period, EU rules effectively still apply, both to EU citizens in the UK, and to UK citizens in EU countries.

There are thought to be a significant number of British citizens resident in Portugal who have never registered with the authorities as required for EU citizens under Portuguese law. While many have slipped under the radar because they are not stamped in or out of the country, this will likely change after the end of the transition period. UK citizens would be issued 90 day stamps, and would not be able to spend more than 90 days in any 180 day period in the country.

This transition period until the end of 2020 also provides the last window for UK citizens to immigrate to Portugal under EU freedom of movement terms. These give EU citizens a legal right to enter Portugal and become resident without the paperwork and prior approval that non-EU citizens such as Americans and Canadians need, which can take several months.

The transition period is supposed to allow the UK and EU to negotiate the longer term relationship post Brexit. But since the UK government has insisted it will leave the single market and will not accept EU immigrants on the present terms, it seems almost certain that the present easy route for UK immigrants to move to Portugal for work or retirement will end.

Therefore if you are a UK citizen contemplating a move to Portugal, now is the time to act.

The residence position of UK citizens in Portugal depends on whether they are protected by the EU–UK Withdrawal Agreement or fall under the general immigration framework.

UK citizens who were residing in Portugal before the end of the transition period on 31 December 2020 may qualify for protection under the Withdrawal Agreement, provided the applicable conditions are met.

Certain family members may also benefit from this framework.

Applicants may need to establish their residence history and continuity through documentary evidence.

Cases involving missing residence documents, prolonged absences or family members joining later require individual assessment.

UK citizens relocating to Portugal without Withdrawal Agreement protection generally need an appropriate visa or residence route, such as one based on income, remote work, professional activity or family circumstances.