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Camara residency certificate 90 days or under?

Camara residency certificate 90 days or under?

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Old Sep 2nd 2020, 9:50 pm
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Default Re: Camara residency certificate 90 days or under?

Originally Posted by Red Eric
Without wishing to appear too much of an argumentative so-and-so (and with apologies to the OP, who probably just wants a straightforward answer to what is obviously seen by some of us as a can of worms), assurances given by anybody on here about the impossibility of a Câmara refusing to issue a certificate of residence within 90 days, or at all after 31st Dec (when they might well refer you to the SEF, who will apply an entirely different process by then), are worthless. Given the varied experiences on here, both scenarios are entirely possible, regardless of interpretations of what normally applies to EU citizens.

It is best that those who intend to arrive within that period are aware of the possibility and, if it's of concern to them, contact someone who can speak with a little more authority on the matter than commenters on this forum, some of whom do not live in Portugal or have experience of dealing with awkward situations such as those hypothetical scenarios above and, as is very likely for a newcomer, with a language barrier to contend with to boot.
The problem is that the Camara won't know the regulations. The official document states arrive before, as you are still under EU law. British citizens currently living in Portugal can consider themselves lucky. While other member states are waiting to see what happens to their citizens who live in the UK (there isn’t much trust in the so-called “settled status” for EU citizens), Portugal has passed legislation which says that British citizens legally residing in Portugal before Brexit day — the end of the transition period or no-deal (whichever applies) — will be allowed to stay in Portugal. You can read more about it here.

If you don’t register as a resident before Brexit but you can prove that you had lived in Portugal before the UK left the EU, you can still legalise your residency.
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Old Sep 3rd 2020, 5:13 am
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Default Re: Camara residency certificate 90 days or under?

Originally Posted by corleycraig147

UK citizens in the EU https://www.bbc.co.uk/news/uk-49973387

The number of UK-born people living in the EU - workers and their dependants, pensioners, students and others - is estimated at 1.3 million.

For UK citizens who are currently living in one of the EU's other 27 countries, nothing will change during the transition - that is, until the end of 2020.

But they may need to apply for a residence status to confirm that they were already resident in the EU country before 31 December 2020. They will, like EU citizens in the UK, have until at least 30 June 2021 to do so.
What that says is that some EU member states, in common with the UK, are decreeing that a new status must be applied for by all of those resident by end of transition period, even if already fully compliant with previously issued documents.

Under those circumstances, they will have at least 6 months after the end of the transition period to do so.

Portugal is not in that group of countries as it has decreed that existing registration documents will continue to be valid for the time being, so the period to 30th June is irrelevant for all of us here. At some point in the future, we will apparently be required to get new documents but that process has yet to be announced.
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Old Sep 3rd 2020, 5:22 am
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Default Re: Camara residency certificate 90 days or under?

Originally Posted by corleycraig147
Hi thanks for your reply, who would you suggest i contact to give me a bit more clarity on the matter?

Many thanks
If you know which Câmara you'd be applying to, you could try emailing them.

The SEF would also be worth a try for an authoritative answer which would apply all round.

And the British Embassy in Lisbon.
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Old Sep 3rd 2020, 7:04 am
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Default Re: Camara residency certificate 90 days or under?

Originally Posted by Red Eric
What that says is that some EU member states, in common with the UK, are decreeing that a new status must be applied for by all of those resident by end of transition period, even if already fully compliant with previously issued documents.

Under those circumstances, they will have at least 6 months after the end of the transition period to do so.

Portugal is not in that group of countries as it has decreed that existing registration documents will continue to be valid for the time being, so the period to 30th June is irrelevant for all of us here. At some point in the future, we will apparently be required to get new documents but that process has yet to be announced.
Surely It means if you have been in the EU country and have proof of residence such as rental agreement and bank statements, income etc and they haven't processed the residency certificate you have until the 30th of june be issued?

Where is it stated that Portugal isn't in that list?
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Old Sep 3rd 2020, 8:05 am
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Default Re: Camara residency certificate 90 days or under?

The problem with emailing SEF is (they do reply fairly quickly) is that the don't answer your question and refer you to a telephone number to speak to someone direct,(I wrote my query in Portuguese) which is a big problem if you don't speak PT and the person at the other end doesn't speak English. My basic PT is OK for day to day stuff, but a discussion over residency etc would be beyond me.If an email reply ,I would be Ok translating it.
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Old Sep 3rd 2020, 8:11 am
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Default Re: Camara residency certificate 90 days or under?

Originally Posted by corleycraig147
Surely It means if you have been in the EU country and have proof of residence such as rental agreement and bank statements, income etc and they haven't processed the residency certificate you have until the 30th of june be issued?

Where is it stated that Portugal isn't in that list?
Some of us here are trying to get the 90days under our belts before 31 Dec, even though there's a theoretical possibility to establish residency up to June '21.
I
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Old Sep 3rd 2020, 8:18 am
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Default Re: Camara residency certificate 90 days or under?

Originally Posted by Red Eric
What that says is that some EU member states, in common with the UK, are decreeing that a new status must be applied for by all of those resident by end of transition period, even if already fully compliant with previously issued documents.

Under those circumstances, they will have at least 6 months after the end of the transition period to do so.

Portugal is not in that group of countries as it has decreed that existing registration documents will continue to be valid for the time being, so the period to 30th June is irrelevant for all of us here. At some point in the future, we will apparently be required to get new documents but that process has yet to be announced.
Originally Posted by campos
Some of us here are trying to get the 90days under our belts before 31 Dec, even though there's a theoretical possibility to establish residency up to June '21.
I
According to Red Eric that isn't possible?

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Old Sep 3rd 2020, 8:26 am
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Default Re: Camara residency certificate 90 days or under?

Originally Posted by campos
Some of us here are trying to get the 90days under our belts before 31 Dec, even though there's a theoretical possibility to establish residency up to June '21.
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Old Sep 3rd 2020, 8:46 am
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Default Re: Camara residency certificate 90 days or under?

Originally Posted by campos
What is your answer to this?
British citizens who are currently living in the EU, or who move there during the transition period, will need to apply for residence status in the country they are residing in. They will have until at least 30 June 2021 to apply though the exact terms and procedures vary between EU countries
https://www.instituteforgovernment.o...e-after-brexit

So much negativity on here from certain individuals.
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Old Sep 3rd 2020, 9:07 am
  #25  
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Default Re: Camara residency certificate 90 days or under?

Originally Posted by campos;12905194[s
]
I tried to strikeout this but I couldn't
If you think that's my being negative, you should catch me before my morning double espresso...
I was deferring to Eric's closer reading and expertise. If you want to go by the guidance in that link, all well and good. This subject has had lot of discussion here recently. Posting same question over at least two expat sites should give some inkling as to the confusion and different interpretations around this area
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Old Sep 3rd 2020, 9:14 am
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Default Re: Camara residency certificate 90 days or under?

Originally Posted by campos
I tried to strikeout this but I couldn't
If you think that's my being negative, you should catch me before my morning double espresso...
I was deferring to Eric's closer reading and expertise. If you want to go by the guidance in that link, all well and good. This subject has had lot of discussion here recently. Posting same question over at least two expat sites should give some inkling as to the confusion and different interpretations around this area


"confusion and different interpretations around this area"

Hence the reason I'm posting and asking the questions, to get some more clarity and information. Have another espresso it might help.
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Old Sep 3rd 2020, 9:20 am
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Default Re: Camara residency certificate 90 days or under?

Originally Posted by corleycraig147
"confusion and different interpretations around this area"

Hence the reason I'm posting and asking the questions, to get some more clarity and information. Have another espresso it might help.
Will do thanks.

Hope you get the definitive answer you're after. Report back.
Have a good one!
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Old Sep 3rd 2020, 9:29 am
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Default Re: Camara residency certificate 90 days or under?

Originally Posted by corleycraig147
"confusion and different interpretations around this area"

Hence the reason I'm posting and asking the questions, to get some more clarity and information. Have another espresso it might help.
To be honest all you need to do is send an email to the Câmara. Not only is that proof that you wanted to apply for residency before the deadline but at least you are on the safe side. These people just get paid to do what they have to do, so for them you are an EU Citizen and have no need to apply for residency but just do it.
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Old Sep 3rd 2020, 10:08 am
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Default Re: Camara residency certificate 90 days or under?

Originally Posted by Moses2013
To be honest all you need to do is send an email to the Câmara. Not only is that proof that you wanted to apply for residency before the deadline but at least you are on the safe side. These people just get paid to do what they have to do, so for them you are an EU Citizen and have no need to apply for residency but just do it.
Thank you I appreciate that.
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Old Sep 3rd 2020, 1:33 pm
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Default Re: Camara residency certificate 90 days or under?

Originally Posted by corleycraig147
Surely It means if you have been in the EU country and have proof of residence such as rental agreement and bank statements, income etc and they haven't processed the residency certificate you have until the 30th of june be issued?

Where is it stated that Portugal isn't in that list?
No, it means what I said, ie that some member states are doing things one way and some another. It isn't explicitly stated right there in your quote and is easily missed, particularly if you're wanting to read something else but I'm surprised you can't see it when pointed out.

Here is a more explicit reference from the EU Commission website :
UK nationals’ residence rights in the EU27

To benefit from these rights, citizens may need to apply for a new residence status, according to each country’s decision to opt for a so-called constitutive or declaratory system.

Choices each countries made for their residence system, and deadlines by when UK nationals and their family members resident in countries with constitutive system must apply for a new residence status, can be found in the file below, together with key national websites.
Withdrawal Agreement - Citizens' Rights

Note : First para - may, 2nd para defines to whom that "may" applies ie those living in countries which have opted for a constitutive system. They must apply for a new residency status (like the settled or pre-settled status in the UK), regardless of whether they already hold a residence document and they have up until at least 30th June to do so (not explicitly stated there but clearly established already).

The other countries operate a declaratory system and existing residents in those need do nothing unless or until further advised. 30th June not relevant in these countries.

Here is the list of countries and which system they're operating :

Residence rights of UK nationals and their family members under the Citizens' Rights part of the Withdrawal Agreement - overview of implementation

Portugal :



So, that leaves the question of at what point do Câmaras cease to issue EU citizen registration of residence certificates to UK citizens and what happens if someone has been "put on hold" for 90 days and that period ends after the 31st December?

I am going to desist now because I don't want to be sowing confusion, perceived as "negative" or seen as arguing for arguing's sake and I don't want this or other threads going round in never-ending circles. Just for clarity, I do not disagree with a lot of what Moses2013 has said and I agree with you that a trail of activity indicating your arrival and establishment should serve as proof of your intentions. I would add to that little list of yours, by the way, an atestado de residência which you should obtain from your local junta de freguesia as soon as you can once you have an address.

I am merely posing the above questions to which a definitive answer would be extremely useful because of a possibility that it might be a situation in which someone finds themselves. In fact, I'll stick my neck out and say I'll be very pleasantly surprised if it doesn't happen that someone gets fobbed off by their local Câmara post 31st December, despite having approached them prior. And the reason I added the SEF to the Câmara as people to contact is because they have the ultimate authority and you would therefore be able to pose that very question of what recourse you have under those circumstances to them where you couldn't to the Câmara. I accept what toots sweet said on the matter but it might still be worth a go emailing them in English - you've nothing to lose and you never know, they might just give a simple but comprehensive response.
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