bons

I know of somebody who has bought a house in Portugal. She is retired and visits it from time to time, her husband has another three years to work before he retires and goes there on holiday. They say that they have residency and as soon as he retires, they will be able to go and live in Portugal as residents. I'm panicking because time is running out, with other added complications. Can I not do this too? Would I be able to get residency then put my husband on after he has left work next year? Do you really have to have proof of an income to become a temporary resident. I'm almost giving up the dream, but I so want to live in Portugal.

Andyj100

it sounds like the golden visa route...a EUR 500k house and you're in as an NHR. (No longer available in Greater Lisboa or Porto)
there are other Golden visa options, and one assumes these will continue to be available after 31 December.

Pulaski

Without more information it's impossible to be sure - maybe they have the paperwork sorted, maybe it's a golden visa, maybe they're trying to skate by, maybe they're deluding themselves. Who knows which it is but them?

bons

Well I want one of them too.

Red Eric

The Golden Visa : - ARTICLE 90-A – RESIDENCE PERMIT FOR INVESTMENT PURPOSES

Whilst it's true that once acquired it remains valid with a minimum of physical presence in Portugal demanded on the part of the holder (7 days in the first year, 14 in years 2 - 5), the GV requires a substantial investment before it can be applied for. And if the fuss made by the well-known popular entertainer who goes by the name of "Madonna" is anything to go by, there can be a frustrating delay before its issuance.

Also note That rules out UK citizens having already obtained one, or getting one prior to 31st December, so I think it's most unlikely the OP's acquaintances have one of those.

That only leaves the usual EU (etc) Citizens' residence registration document as previously discussed. In itself it doesn't "prove" residence, nor confer rights once the Brexit Transition Period is over, although it is one of the things which should be acquired in order to formalise the fact in the case of persons transferring their residence to Portugal prior to that date.

What is also important after the end of the transition period, is that those who wish to enjoy the benefits of residence in Portugal (and to ensure that they are covered by the terms of the Withdrawal Agreement) ensure that they can demonstrate to the satisfaction of the authorities, if required, that they remain continuously resident. There's plenty of scope within that for absences (as very recently discussed on another thread).

Looking to the future, unless some completely unforeseeable miracle occurs, we seem to be staring straight at some rather drastic changes to the relationship between UK and EU which will potentially entail much closer scrutiny of UK citizens entering EU and / or Schengen states, and which could make things a little less easy than previously for those who wish to come and go as they please, dividing their time between 2 countries. 3rd country nationals are supposed only to be in Schengen States for a maximum 90 days in 180, for example. It's possible that the PT authorities will take a residence registration certificate at face value and give an exemption to all holders should that become something that's strictly applied. On the other hand, it's also possible that, having at their fingertips a record of comings and goings, they review whether or not they can consider the bearer resident in Portugal in the light of the provisions for absence within the continuous residence stipulations pertaining to it.

There are, of course, some other formalities besides the obtaining of a registration certificate to be observed by those establishing their residence in Portugal (and some of those imply the cutting of some ties with the UK, since one can't be resident in 2 countries at the same time).

Nobody on here is going to be able to say for sure what the likely attitude of the immigration authorities is going to be towards those holders of resident registration certificates who think it amounts to a free pass in and out when the transition period ends and counts towards the 5 years' continuous residence required before a permanent resident document can be obtained. The OP's acquaintances may find it works a charm with the authorities here but then again, they may not, and they may find themselves having to satisfy some quite other requirements in order to establish residence from scratch. I can't take a view as a complete neutral about other peoples' chances but I know which way I'd be viewing it if I were applying it to my own situation and that would be that I would want to establish, clearly, that I was complying with the requirements for continuous residency. Good luck (and I mean that sincerely) to all those who think it'll work the other way.

There is also another side to this, which is the UK's future responsibilities and commitments under the Withdrawal Agreement with regard to UK citizens resident in the EU prior to 31st December and how they'd view things with regard to UK citizens later claiming to have been resident elsewhere when in fact they hadn't yet left the UK.

bons

I've never undertood how they have done this, but if we can, I want to be there at the beginning of November and stay there.

Red Eric

They haven't really done anything yet, other than to obtain a document which is fairly readily issued with a minimum of bureaucracy. They are making assumptions about its worth to them in the future but their current circumstances make it quite clear that they are, in fact, not resident in Portugal.

If you want to be absolutely sure of being considered resident in Portugal, you must spend the requisite amount of time here in addition to acquiring the registration certificate. And to comply with the other obligations that go with that - as far as my reading of the allowable absences under continuous residence goes, it leaves no room for doubt that that also means being considered tax resident in Portugal, for example, amongst other things.

BillBullock

Good, clear information and advice from Red Eric.

toots sweet

There is no "temporary" residency. You still have to comply with the rules as if you are a permanent resident. It is like a forerunner to being a permanent resident.You apply for a residence certificate.

Lou71

I'm aware of quite a few EU nationals who have taken residency in Portugal but spend most of their time in their home country. That said, they are in the Schengen area and nobody is keeping tabs on their movements. Some of them rent properties in Portugal and some of them buy properties. They are particularly keen on the NHR scheme but how this stacks up with their employment status in their home state, I don't know. I would imagine it's easier if they are self employed or retired.

I would guess that the people you are referring to have registered as residents at the town hall, obtained their certificates and probably secured NHR. Perhaps they have not changed anything else yet and leaving it for a later date.

My advice is seek the help of a professional if your case is complex. Find a decent lawyer and a tax adviser.

qianh

Just want to add it is not impossible for British to gain residency in Portugal after this year, the financial threshold for third country nationals is low in Portugal compared to other European countries.

RichardHenshall

There is no temporary residency for EU nationals - they are resident or they're not (terms & conditions apply). An EU national who gains a permanent resident card doesn't gain much in the way of enhanced privileges but a 3rd country national definitely does.

bons

I don't understand any of it. Can I come or not, that's all I want to know.

toots sweet

You would best then getting in touch with SEF. Getting it from the horse's mouth as it were.

bons

I didn't know about them, but I'll look into it, thanks.