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Language requirement for permanent residency

Language requirement for permanent residency

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Old Dec 5th 2021, 4:56 pm
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Default Language requirement for permanent residency

My temporary residency expires early next year. I was planning to apply for permanent residency and then try to get citizenship the following year.

However, I've missed the November exam for the language requirement and the next one isn't until May. Is there some other option and, if not, can I just renew my temporary residency and apply for citizenship as planned?
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Old Dec 5th 2021, 5:45 pm
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Default Re: Language requirement for permanent residency

Hi, and welcome to the forum from me

I'm assuming you're not a UK national but are a citizen of another non EU country, in which case failing all else, no, there's no obligation on you to request permanent residency after 5 years and you can just renew the temporary for another 2.
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Old Dec 6th 2021, 5:57 pm
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Default Re: Language requirement for permanent residency

Originally Posted by Red Eric
Hi, and welcome to the forum from me

I'm assuming you're not a UK national but are a citizen of another non EU country, in which case failing all else, no, there's no obligation on you to request permanent residency after 5 years and you can just renew the temporary for another 2.
Thanks! I'm a UK national. Been here for nearly five years now working on a temporary residency visa. Now need to renew. Does that make a difference?
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Old Dec 6th 2021, 8:05 pm
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Default Re: Language requirement for permanent residency

Originally Posted by Ferretofthemata
Thanks! I'm a UK national. Been here for nearly five years now working on a temporary residency visa. Now need to renew. Does that make a difference?
Yes it does. A great deal of difference.

You shouldn't be on "a temporary residence visa" at all because if you arrived almost 5 years ago, you should have merely registered your presence at your Câmara Municipal under the process that applies (still) to EU nationals, who have special rights. That would have got you issued with a EU Certificate of Registration. Is it the case that you have that and are just using incorrect terminology or did you actually go through some unnecessary visa application process?

The correct process now is to apply for a replacement residence document as outlined on this link : Brexit - protect your rights

That will ensure that you are explicitly identified as having been living here prior to the end of the transition period and gives you protection of rights as laid out in the Brexit Withdrawal Agreement, which is considerably better than the standard non EU citizen arrangements and will also future-proof you against any changes of heart on the part of the UK government about which of the ongoing arrangements they might suddenly decide they don't like any more.
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Old Dec 6th 2021, 8:12 pm
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Default Re: Language requirement for permanent residency

One of the differences, by the way, is the absence of any obligation to satisfy a language requirement for permanent resident status.
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Old Dec 7th 2021, 12:36 pm
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Default Re: Language requirement for permanent residency

And you need to do your registration via the Brexit SEF line NOW and before end December as your benefits under the Brexit Withdrawal arrangements may come to an end at the end of the year.
From Red Eric's link - look at the Frequently asked questions to check your exact status. For example this might be you ... ?

HOW CAN I APPLY FOR THE CERTIFICATE OF REGISTRATION?Considering that the transition period ended December 31st, it is no longer possible to apply for the certificate of registration at the City Hall. You should now request the issuance of a new document. Please send an email to [email protected], attaching your identity documents and proof of your stay in the country before December 31st 2020.
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Old Dec 7th 2021, 5:13 pm
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Default Re: Language requirement for permanent residency

Thanks very much for the info. I already have the document from the SEF Brexit site. I called them a couple of times and they told me that someone will contact me to arrange the appointment to change it to a card, but it's been a year now.

I'm happy that the process is simpler than I thought it was. I've been trying to get through to SEF to get some answers but no one picked up. After googling online I got the impression that I had to go through the permanent residency application with SEF instead of just going to the Camara again. I'm glad to hear that's wrong, and that the language requirement isn't a thing.

That's taken a weight off! Thanks so much!
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Old Dec 7th 2021, 6:16 pm
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Default Re: Language requirement for permanent residency

Originally Posted by Ferretofthemata
Thanks very much for the info. I already have the document from the SEF Brexit site. I called them a couple of times and they told me that someone will contact me to arrange the appointment to change it to a card, but it's been a year now.

I'm happy that the process is simpler than I thought it was. I've been trying to get through to SEF to get some answers but no one picked up. After googling online I got the impression that I had to go through the permanent residency application with SEF instead of just going to the Camara again. I'm glad to hear that's wrong, and that the language requirement isn't a thing.

That's taken a weight off! Thanks so much!
As you may have seen on other threads here and in the press and in Facebook (Safe Communities and Brits in Portugal) there are huge delays with SEF processing the Brexit WA applications - basically we are all waiting for our Biometric appointments or processing meetings to discuss anomalies like yours, so as long as you have something from the SEF you can rest easy with the rest of us! SEF seem not to answer the phone and emails rarely get a response!

You will only need the language test if you decide to apply for Portuguese citizenship which you do not need at this time!
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