Diddion

OK - let me clarify and check my understanding on this. Are the following statements correct, would you say?

1. If the withdrawal agreement fails, in order to secure existing rights, you would have to be resident in Portugal by the end of January 2020
2. If the withdrawal agreement passes both UK and EU, in order to secure existing rights, you would have to be resident in Portugal by the end of December 2020
3. The statement from Portugal does not substantially alter the provisions of no.1 above, though perhaps slightly strengthens them.

mfesharne

Perhaps better to remove the word 'resident' & replace it with the word 'present' in each question & add that the person be 110% able to prove they were present on those dates then the answer would be yes.

At least, that's how I read it & I think we also need to remember that PT & the UK have enjoyed a really friendly & co-operative relationship for centuries & I see no reason that will change.

RichardHenshall

Lei n.º 27-A/2019 covers your first statement and extends the period for regularisation until 31 December 2020.

If the Withdrawal Agreement is ratified by the UK & EU, then existing rights (and obligations with regard to registration etc) apply until 31 December 2020.

As I read it, in the event of ratification, someone arriving by 31st January must register as normal during the 4th month.

The law quoted above refers to those who have established residence, not just been present.

mfesharne

Richard Henshall

I think something is being lost in translation there..................... They DON'T say 'registered resident' or 'registered residency' but rather simply 'resident' so I think that means 'be present in Portugal' instead especially as if it meant 'registered resident' or 'registered residency' then the applicant would already be a registered resident & would therefore not need to register residency again.

If that makes sense?

RichardHenshall

I didn't say it did! The word I used was established.

The law refers to those 'que tenham residência estabelecida' in article 2.1. It seems clear to me that this is referring to those who have 'made their home' in Portugal, whether or not they have completed an administrative formality.

Euroguy

Here's something for you 3 to chew over, it seems to be explained in layman's language!

https://www.blevinsfranks.com/news/a...sh-expatriates

dingg

Is it still current news though?

That article was from a year ago.

Euroguy

Yes l know, but it's still interesting & keeps this topical debate stewing in the crock pot!!!

PS, l can't get their publications sent to me over here (yeh, 2020 & they don't post to the USA!) but l've contacted them for a more up-to-date online guide to the current situation.

RichardHenshall

I prefer to make statements by citing primary sources when possible, rather than secondary sources such as you mention.

If layman's language was good enough, we wouldn't need legalese.

Euroguy

Thanks again for your valuable input Richard....................even if as you admit you may not always be 100% accurate with your "legalese" sourced from "primary documents!"

RichardHenshall

I don't recall admitting that. Perhaps you could remind me by linking to the source?

Euroguy

Richard, let's me & you just agree to disagree, so shall we & leave it at that!!

Diddion

Many people ,myself included, are (shall we say) "cautious" with respect to statements from Blevins Franks.

mfesharne

So in other words........ in Portugal by 30th January 2020..................... Which is what I said on several occasions.

Glad we got that one cleared up.

Euroguy

lol, some people just like to debate for the sake of it!
So Mr Sharne, do l need to establish myself with ATM receipts & hotel bills etc BEFORE the 31st Jan in Portugal??
What would the outcome be if l left it till later in the year?..(pre Dec 2020)