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Do we both need to be resident?

Do we both need to be resident?

Old Jun 30th 2020, 9:33 am
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Default Do we both need to be resident?

Now that we have a new security law here it's probably time to plan when to leave. If the quarantine restrictions come down in the UK and Portugal in the next few weeks I might have the opportunity to get on a plane and head to Portugal to try to get residence procedures before the clock ticks around to the end of the year and it all becomes a lot more difficult. Wife is generally busy all of the time so if I do get on a plane I will be doing so alone. If things work out and I can rent a property and then apply for residence, how would this apply to said wife, who probably won't be in a position to travel until some time next year? I'm guessing she won't automatically become a resident just because I've been accepted...?
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Old Jun 30th 2020, 11:28 am
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Default Re: Do we both need to be resident?

Originally Posted by sportpix View Post
Now that we have a new security law here it's probably time to plan when to leave. If the quarantine restrictions come down in the UK and Portugal in the next few weeks I might have the opportunity to get on a plane and head to Portugal to try to get residence procedures before the clock ticks around to the end of the year and it all becomes a lot more difficult. Wife is generally busy all of the time so if I do get on a plane I will be doing so alone. If things work out and I can rent a property and then apply for residence, how would this apply to said wife, who probably won't be in a position to travel until some time next year? I'm guessing she won't automatically become a resident just because I've been accepted...?
Check out the EU rule on "having a family life" where a non-EU spouse (etc) are allow to join their EU resident family member and become resident. Bit of a faff about but quite common.
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Old Jun 30th 2020, 1:03 pm
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Default Re: Do we both need to be resident?

Originally Posted by coleio View Post
Check out the EU rule on "having a family life" where a non-EU spouse (etc) are allow to join their EU resident family member and become resident. Bit of a faff about but quite common.


Also, with specific regard to Brexit & the agreements already in place :
Who is protected by the Withdrawal Agreement?

The Withdrawal Agreement protects those EU citizens residing in the United Kingdom, and UK nationals residing in one of the 27 EU Member States at the end of the transition period, where such residence is in accordance with EU law on free movement. The Withdrawal Agreement also protects the family members that are granted rights under EU law (current spouses and registered partners, parents, grandparents, children, grandchildren and a person in an existing durable relationship), who do not yet live in the same host state as the Union citizen or the UK national, to join them in the future.

Children will be protected by the Withdrawal Agreement, wherever they are born before or after the United Kingdom’s withdrawal, or whether they are born inside or outside the host state where the EU citizen or the UK national resides. The only exception foreseen concerns children born after the United Kingdom’s withdrawal and for which a parent not covered by the Withdrawal Agreement has sole custody under the applicable family law.

Which rights are protected?

The Withdrawal Agreement enables both EU citizens and UK nationals, as well as their respective family members, to continue to exercise their rights derived from Union law in each other’s territories, for the rest of their lives, where those rights are based on life choices made before the end of the transition period.
And etc, which is here on the SEF website : RESIDENCE RIGHTS IN PORTUGAL FOR UNITED KINGDOM NATIONALS AFTER THE UNITED KINGDOM’S WITHDRAWAL FROM THE EUROPEAN UNION (BREXIT)
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Old Jun 30th 2020, 3:32 pm
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Default Re: Do we both need to be resident?

I read this stuff and, I don't know, I must be thick because it seems to be clear then goes around in circles. and I'm no wiser at the end!
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Old Jun 30th 2020, 8:00 pm
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Default Re: Do we both need to be resident?

Originally Posted by bons View Post
I read this stuff and, I don't know, I must be thick because it seems to be clear then goes around in circles. and I'm no wiser at the end!
You think you've got issues! I'm an Irish citizen, but resident in the UK..... try sorting that out.
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Old Jun 30th 2020, 8:45 pm
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Default Re: Do we both need to be resident?

Originally Posted by bons View Post
I read this stuff and, I don't know, I must be thick because it seems to be clear then goes around in circles. and I'm no wiser at the end!
What it means is that sportpix has a get out of jail free card. He can come to Portugal, register as resident and tell his wife to stay in HK for as long as he likes.

If I were you, I'd concentrate specifically on matters that are of concern to you as opposed to trying to understand every question and response posted on this forum. If you haven't got a partner or spouse or other family member who wants to join you and isn't able to come in with you or do so pre December 31st, forget this one
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Old Jun 30th 2020, 8:55 pm
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Cool Re: Do we both need to be resident?

Originally Posted by Red Eric View Post
What it means is that sportpix has a get out of jail free card. He can come to Portugal, register as resident and tell his wife to stay in HK for as long as he likes.

If I were you, I'd concentrate specifically on matters that are of concern to you as opposed to trying to understand every question and response posted on this forum. If you haven't got a partner or spouse or other family member who wants to join you and isn't able to come in with you or do so pre December 31st, forget this one
Well you see, smarty pants, I do have a problem myself getting to Portugal - with my husband - by the end of the year. I read the post and thought it could apply to me. You see, I am not working, but my husband is, possibly into the New Year. If, if I can come and get residency, then come back now and again. It could be very beneficial. Maybe you should conentrate on matters that are of conern to you as opposed to trying to tell others what they should do.

None if the emojis came up.
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Old Jun 30th 2020, 9:04 pm
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Default Re: Do we both need to be resident?

Originally Posted by macliam View Post
You think you've got issues! I'm an Irish citizen, but resident in the UK..... try sorting that out.
No, my brain hurts already!
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Old Jul 1st 2020, 5:26 am
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Default Re: Do we both need to be resident?

Originally Posted by bons View Post
Well you see, smarty pants, I do have a problem myself getting to Portugal - with my husband - by the end of the year. I read the post and thought it could apply to me. You see, I am not working, but my husband is, possibly into the New Year. If, if I can come and get residency, then come back now and again. It could be very beneficial. Maybe you should conentrate on matters that are of conern to you as opposed to trying to tell others what they should do.

None if the emojis came up.
Ah, I'd forgotten that. Reading that back now it doesn't sound as helpful as I meant it to, either.

My apologies.

I think most of the information required about registering residency, continuity of residence, and now family reunion and protections afforded by the Withdrawal Agreement have been covered in some detail in recent days but if there's anything specific which is still unclear, ask away.
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Old Jul 1st 2020, 7:51 am
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Default Re: Do we both need to be resident?

Originally Posted by Red Eric View Post
Ah, I'd forgotten that. Reading that back now it doesn't sound as helpful as I meant it to, either.

My apologies.

I think most of the information required about registering residency, continuity of residence, and now family reunion and protections afforded by the Withdrawal Agreement have been covered in some detail in recent days but if there's anything specific which is still unclear, ask away.
No problem. I did try to put some smilie faces in to make my post seem less harsh but they wouldn't work. I just find these 'Government' type things not very imormative in that they seem vague and don't seem to address a specific issue.
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Old Jul 1st 2020, 10:14 am
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Default Re: Do we both need to be resident?

Originally Posted by macliam View Post
You think you've got issues! I'm an Irish citizen, but resident in the UK..... try sorting that out.
Isn’t that part of the CTA between Ireland and UK?
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Old Jul 1st 2020, 12:56 pm
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Default Re: Do we both need to be resident?

Originally Posted by Geronimal View Post
Isn’t that part of the CTA between Ireland and UK?
..... and how does that affect my status in Portugal?
As an Irish citizen I remain an EU citizen, so entry is no issue, but my DL and EHIC are issued by the UK. - but as I split my time between homes in the UK and Portugal, becoming Portuguese resident is not really an option for me. Just to add to the complications, my other half is Portuguese, so we now have to jump through hoops to get her settled status, even though she already has Indefinite Leave to Remain from 1989.....

Deep joy.
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Old Jul 1st 2020, 1:01 pm
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Default Re: Do we both need to be resident?

Originally Posted by macliam View Post
..... and how does that affect my status in Portugal?
As an Irish citizen I remain an EU citizen, so entry is no issue, but my DL and EHIC are issued by the UK. - but as I split my time between homes in the UK and Portugal, becoming Portuguese resident is not really an option for me. Just to add to the complications, my other half is Portuguese, so we now have to jump through hoops to get her settled status, even though she already has Indefinite Leave to Remain from 1989.....

Deep joy.
Sounds like you've got the best of all worlds to me

Does your wife have a document or other evidence of the granting of ILR?
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Old Jul 1st 2020, 1:19 pm
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Default Re: Do we both need to be resident?

Originally Posted by Red Eric View Post
Sounds like you've got the best of all worlds to me

Does your wife have a document or other evidence of the granting of ILR?
Yeah, I can lose out in several countries at once! There was fear, early on, that the UK would renege on the CTA too - that would have been interesting!

I've a photocopied letter and her old passport with the relevant stamp.... luckily. Of course, she doesn't have a new passport, because she didn't need one for travelling in Europe.... and I guess we now have to get a wiggle on before the shutters come down, not helped by the current situation.
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Old Jul 1st 2020, 1:29 pm
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Default Re: Do we both need to be resident?

I'm glad you said passport. My husband's has expired and mine expires in September, I'd better get onto the now...
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