bons

Do we have to have the residency in place by December 31st 2020? I think we need to get there, get a rental with lease agreement, open a bank account, maybe that first, toddle off to the local Camara and apply for and get residency , before December 31st 2020/ My husband thinks that as long as we get there before December 31st 2020 and start the process, all will be well. He thinks it should be like this so is working on that assumption, I'm taking nothing for granted.

Nobody seems to know. It states that if you are legal in a country by the end of the year, that will be enough. Define 'legal'. As EU citizens we are legal in that we are allowed to be there, but not by January 1st 2021.

Sorry for all of these questions and stuff, but as I said before, time is not on our side.

Moses2013

If you arrive now, everything remains how it was and you will be secure until the deadline passes. After that nobody knows and even if you are a resident, it's still only temporary residency, so would still have to meet the health/income requirements. I posted this in the Spain forum (from legal company) and I think it makes sense.

What if, after Brexit, you have not been in Spain for five years?

Of course, there will be a number of people who will have been in Spain for less than five years when the UK finally exits the EU. They will be able to rely on the time they have spent there and will need to continue to remain in Spain lawfully until they have resided in Spain for five years, at which time they will be able to apply for indefinite permission to reside.

As stated before, I still believe Portugal will make it very easy for Brits to move and D7 Visa regulations are clear too.

bons

I thought in that case, if you have the residency going through, it was being honoured as the UK is honouring settle status for EU citizens who get here before the end of December?

On another note, how do I turn of email notifications?

Moses2013

One has to understand that you will be protected but still have to acquire permanent resident rights, as explained here. Regardless if you move today or next year, the key is that you meet the income/health requirements, so I don't see a problem. Residence rights

The substantive conditions of residence are and will remain the same as those under current EU law on free movement.

In essence, EU citizens and UK nationals meet these conditions if they are: workers or self-employed; or have sufficient resources and sickness insurance; or are family members of some other person who meets these conditions; or have already acquired the right of permanent residence and are therefore no longer subject to any conditions.

The Withdrawal Agreement does not require physical presence in the host state at the end of the transition period – temporary absences that do not affect the right of residence and longer absences that do not affect the right of permanent residence are accepted.

Those protected by the Withdrawal Agreement who have not yet acquired permanent residence rights – if they have not lived in the host state for at least five years – will be fully protected by the Withdrawal Agreement, and will be able to continue residing in the host state and acquire permanent residence rights in the host state also after the United Kingdom’s withdrawal.

This would be more a problem for young people seeking work: https://europa.eu/youreurope/citizen...htm#shortcut-4

Can you be deported or requested to leave?

You may live in the other EU country as long as you continue to meet the conditions for residence. If you no longer meet these requirements, the national authorities may require you to leave.

In exceptional cases, your host country can deport you on grounds of public policy or public security - but only if it can prove you represent a serious threat.

The deportation decision or the request to leave must be given to you in writing. It must state all the reasons for your deportation and specify how you can appeal and by when.

Red Eric

Off the track of your original question but as you've mentioned it....

There are 2 categories for EU citizens applying for registration documents in the UK.

Settled status - for those who can satisfy the computer they've been there continuously for over 5 years. Pre-settled status - for those who can't but can satisfy the computer that they are currently resident in the UK.

I don't know how the UK authorities will be treating anybody who decides to up sticks and move to the UK during November and December 2020, in particular those without a contract of work or a place in a bona fide educational establishment as at 31st December. Does anybody, for sure? I can have a guess .......

bons

By the way, argument is a bit strong, more of a debate, but I can't edit it.

Moses2013

I think the key is to understand this: In essence, EU citizens and UK nationals meet these conditions if they are: workers or self-employed; or have sufficient resources and sickness insurance; or are family members of some other person who meets these conditions; or have already acquired the right of permanent residence and are therefore no longer subject to any conditions.

If you move today or next year, you still have a British passport and are subject to conditions, so have to meet the conditions until you are a permanent resident just like any other EU Citizen. All it means for retired people is that if you move today, you are a resident and will acquire the right of permanent residence after 5 years, as long as you meet these conditions (have sufficient resources and sickness insurance).
If you move after the transition period, you will still be able to live in Portugal if you meet the conditions (D7) and will also be able to acquire permanent residency after 5 years., as long as you meet these conditions.

Rosemary

If you mean the title of the thread I can edit it for you if you wish, just let me know, happy to help.

Rosemary

bons

OK thanks, I just want it to read 'debate' rather than 'argument'.

Thank you

Red Eric

From the blue menu bar above :


Select "My Profile", then choose "Edit Options" from there




and scroll down to "Messaging and Notification" on the screen you're then presented with, for the various options you can control.

BritInParis

They just need to provide evidence that they arrived before 11pm on 31 December 2020. Even a boarding pass would suffice.

Red Eric

Hmmmm ...... I thought the criteria was resident in the UK by 11 pm on 31st December

Is a boarding pass evidence of residence?

bons

Just seen this, thanks.

BritInParis

Sure. If you passed through immigration at 10.59pm, it’s all you can be reasonably expected to produce. The EUSS is a ‘will grant’ system; providing you can show some sort of evidence that you qualify then you’ll be given status. The only refusals so far have been a handful of hardened criminals.

riv

Can anyone summarise what the requirements are for a Portuguese national to acquire pre~settled status in the UK, eg if he moves to the UK in September or October ?

My understanding is that he has to make a specific application for the status ( is that online or at an office ? ) but then what ? Assuming pre settled status is granted, is there a further requirement to spend X months of a calendar ( ? tax ? ) year resident in the UK ?