HELP! I'm going round in circles re registry.
 

(Sorry about going back to a much discussed subject!)

OK, so we think we have found our Portuguese home and have made an offer. I have gone back over threads that might be relevant as what to do next and have now found myself not knowing my right from my left.
My situation is... me British OH Portuguese(both retired). Marriage registered here, have joint bank account. I have my Nif.
We intend to spend approx 6 month here and 6 months UK(give or take). I think I will eventually apply for Portuguese nationality sometime in the future.
Being married to a Portuguese do I need to apply for residency (before 29/3/19?) or not need to at all.(Have gotten differing answers from different camaras.) Will I need to apply for NHR, due to splitting our time in the 2 countries.
If I do where do I apply(camara?)
Any help on this subject gratefully received.

Re: HELP! I'm going round in circles re registry.
 

I think you're confusing residency with citizenship or nationality .................. Until Brexit is complete the UK passport holder has the right to register residency but that might/probably will change after Brexit.

However, as your partner is Portuguese, he/she obviously has the right to enter, remain & work in Portugal and once he/she has registered residency then he/she has the right to get you entry, residency & right to work under the reunification of family rules (even after Brexit)

You then can claim citizenship after you've been here for either 3 or 5 (I can't remember which) years & I seem to remember there's a language test to pass as well

Re: HELP! I'm going round in circles re registry.
 

On NHR I think you are getting confused by the name of it, Non Habitual Residency doesn't mean you need it because you aren't here all the time. You have to be Tax resident somewhere, and if you choose Portugal with NHR you can benefit from 10 years without paying Tax on your income, in Portugal and maybe the UK too, T&Cs apply!

You apply for it on the Financas website, having first registered with them. You can only apply if you have not been resident before and up to March of the year following your arrival, but best check that.

Regarding residency, as a UK citizen, it may be advisable to apply for residency anyway regardless of the necessity due to your husband. Having a Certificate of Residency of the EU may be very beneficial after Brexit.

Re: HELP! I'm going round in circles re registry.
 

As I see it, you need to decide which country you want to be considered your home (taking into account tax, eligibility for healthcare etc etc) and once you've made that decision there will be necessary steps to be taken to achieve and maintain that situation. Given that you seem so confused about what you are or should be doing, it seems quite likely that you could inadvertently become a resident (and/or tax resident) of the 'wrong' country.

Re: HELP! I'm going round in circles re registry.
 

No. I am talking about residency that you have to apply for before 29 March,and after having been in the country over 'x' amount of time,which is being advised by Portuguese govnt. Why does my OH have to register for residency if he has the right to work etc.? (No language test to pass if you are married to Portuguese national. Would choose Uk for home probably for healthcare and we would be keeping our house there.
So does that mean I don't have to register if I stay over 183 days?

Re: HELP! I'm going round in circles re registry.
 

If you want to remain UK resident (and tax-resident) you should probably keep your visits to less than 90 days at a time and less than 183 days in any 365. There will therefore be no requirement to register residency in Portugal.

Re: HELP! I'm going round in circles re registry.
 

Is it correct that you can be a resident of Portugal, (ie have a Residencia of Portgal) but not a tax resident of Portugal?
I ask that because anyone remaining in the country for more than 3 months is expected to register for residencia.
But if one only spends 5 months a year in Portugal and the rest in the UK, it means that tax liability is in the UK, as more than 183 days in a year is spent there.
In this instance does Portugal have any Tax claim on that individual? (on earnings out of Portugal)

I appreciate that if you sell property in Portugal, then tax is payable in Portugal regardless of where resident, and presumably in the UK as well under double taxation (capital gain tax for second home for example) in the UK

Re: HELP! I'm going round in circles re registry.
 

Will this apply post Brexit, hard or soft? If soft, even after any transition period.
Would a quick return to the UK after say 89 days and stay for a month in UK before returning to Portugal for another 89 days?
Is that simple 365 days or in any one year Jan - Dec

Re: HELP! I'm going round in circles re registry.
 

I'm not plugging these guys, but it is probably worth seeking professional advice.

https://www.blevinsfranks.com/news/a...dency-Portugal

Re: HELP! I'm going round in circles re registry.
 

The requirement to register residency is a Portuguese law that applies to all 'EU citizens' exercising their rights of free movement and I see no reason for the UK's withdrawal from the EU to change that law, though it's not entirely clear how Portugal will treat UK citizens in the future if/when they lose the right to move freely within the EU.

Similarly the thresholds for being considered tax-resident by Portugal are not going to change just because of Brexit, though the double-taxation treaty between Portugal and the UK might.