Driving in PT over 60 years old with UK licence
 

1) PT Decree-Law No. 46/2022, of 12 July

States a holder of a licence issued by a OECD country (UK) can drive in Portugal until that licence expires as long as the holder is under 60 years of age.

2) Agreement between UK and PT in 2023 PT Decreto n.º 29-A/2023

Has no mention of age limit of person.


Does the latest agreement overrule the Decree of 2022?

Whilst in the UK recently, and aware that my UK licence expires in October 2024, I contacted DVLA and asked the question......
If,I, a UK license holder, (but resident of Portugal, who, nevertheless spends a good time in the UK, pays tax in the UK, owns a property in the UK (same as licence)), can apply renew their UK license?
After consulting with colleague I was told that I could apply for a UK licence.
So I did and a new licence was issued that expires in 2027.

I am still unsure about my situation and validity of said UK licence in Portugal.
I have spoken with my normal lawyer, who has said, well you have a valid UK licence until 2027, so no problem.
Another firm I spoke with said that the agreement with UK in 2023, is overruled by the general decree of 2022, and therefore, being over the age of 60 I would need to change.

I must admit that I cannot see the point of the UK having agreed a `special` arrangement with PT that,in effect, already existed in decree 46/2022.

What do any learned members think?

Re: Driving in PT over 60 years old with UK licence
 

"Another firm I spoke with said that the agreement with UK in 2023, is overruled by the general decree of 2022, and therefore, being over the age of 60 I would need to change."

How can a 2022 decree overule a decree(2023) that didn't exist?

Is this just a PT thing or does it apply to the rest of the EU?

Re: Driving in PT over 60 years old with UK licence
 

Prior to the 2023 agreement I did understand the reason for exchanging a UK licences if over 60 years, that being that PT requires a medical at 60 years, whereas the UK does not need that.
But my assumption was that the newer agreement was specifically designed to overcome that, and is reciprocal, such that a PT licence holder does not need a medical when driving as a UK resident over the age of 60. Meaning that the 60 year condition is waived.

Re: Driving in PT over 60 years old with UK licence
 

We have a house in the UK and are UK (tax) resident, as well as Portuguese residents, spending roughly equal time in each country. When looking at changing licenses, DVLA advised that as dual residents, we can keep our UK licenses. UK insurance company also advised premiums would be loaded if on foreign licenses. I have been stopped at Portuguese routine roadside checks and had no problems. Rightly or wrongly, we're keeping UK licenses.

Re: Driving in PT over 60 years old with UK licence
 

Your situation sounds similar, if not the same as me. I `m assuming that you are over 60. DVLA clearly gave you the same info as they did me (recorded phone call).
Again like you, when back in the UK driving the same UK car, with same address as last 10 years, when you mention an overseas licence they either wont insure at all or add a premium.
Have you managed to register your UK licence in PT??

Re: Driving in PT over 60 years old with UK licence
 

Not bothered and by the way I'm 78.

Re: Driving in PT over 60 years old with UK licence
 

LOL....man after me own heart.....only 75

Re: Driving in PT over 60 years old with UK licence
 

This what the UK government says. Nothing about the drivers age, but that you can register a UK licence. However, the system may not accept it.:huh:
You should note that to drive outside Portugal you will need an IDP. But that can only be obtained from Portugal.
https://www.gov.uk/guidance/living-i...ng-in-portugal
Confusingly the UK government says But will that ever happen? Doubt it.

Re: Driving in PT over 60 years old with UK licence
 

I think the important thing here is that if you still have a permanent address in UK, which is registered as your address with DVLA (in other words it is still your approved address in UK, then there is no change of address for the UK licence.

Re: Driving in PT over 60 years old with UK licence
 

The law that you refer to in point 2 prevails. As long as you have a valid UK licence then there is no need to exchange it regardless of age if you are a Portuguese resident. If you are a Portuguese resident you shouldn't have renewed your UK licence as there is a declaration to tick stating that you are UK resident and risk a £1000 fine - I'm not going to say anything though and I don't care that you've done that.
IMT have said that they want UK licence holders to register the licence with them but their system isn't capable of doing this and needs a change - this is rather odd as registering a UK licence has always been necessary and was previously possible.

Re: Driving in PT over 60 years old with UK licence
 

As I said in the OP........whilst in the UK I spoke personally to the DVLA foreign desk. I explained my position fully, told then I am resident in Portugal, but also said thatg I spend almsot same toime in UK as I do in Portugal (it can vary). But even if you are a resident elsewhere, but spend 90days a year in a property that you own in UK, you are then considered a tax resident (SRT),,,that is what I do. So after I explained all of that as I said the person I was speaking to consulted with a colleague, and I was told that I could apply for a UK licence. So I did, of course it came to my own address in UK, which has been my UK property for over a decade, and have renewed my licence 2 times before.
At the end of the day, a DL is a permit to drive a vehicle, whether that is in PT or UK makes no difference, I am guessing that with the new agreement there is an exchange of info on any offences committed in either country, the same for a PT DL holder driving in the UK. If not then there should be.
If and when I sell my UK property, then I would of course be obliged to exchange for a Portuguese DL.

Re: Driving in PT over 60 years old with UK licence
 

How can you be a UK (tax) resident, as well as Portuguese resident?

Re: Driving in PT over 60 years old with UK licence
 

Quite easy, dual residence. Our main home is UK.

Re: Driving in PT over 60 years old with UK licence
 

So I assume that the UK address is registered with HMRC. In that event of course any PT property will be subject to UK second home CGT if and when its sold, and that is about to get a hammering by all accounts. In addition to CGT in Portugal payable first, we will see which country has the highest rate of CGT after the Socialist Budget in October.

Re: Driving in PT over 60 years old with UK licence
 

UK does not have any official residency papers, at least not for British people.
But as far as UK tax is concerned then the SRT rules apply, regardless of where a person lives.
This is a series of tests to be completed to understand whether or not HMRC considers a person to be Tax resident..
If you have no property in the UK and only return to UK for brief holidays then no problem, but it gets more complicated if you do own a property.
Attached is a flowchart of the types of Tax residency that exist in UK
https://cimg7.ibsrv.net/gimg/british...a6b9a9b00a.jpg