NataHH

I am an EU national but my other half is British and he went in December 2019 to the Camera to register for residencia.

We flew back to the UK in March 2020 and because of Covid haven't been back since which means he has already violated the conditions which states you have to stay over 183 days every year in Portugal. We are due to fly to Faro in a few weeks' time. He has not yet downloaded the QR code from the SEF website because he decided not to be a resident.

Question: Sould he come in as a tourist I assume he will need to show a return flight within 90 days? Or should he download the QR code and then unregister at the townhall?

Any advice would be greatly appreciated.

Shanorme

From what I can find, SEF states you can't be out of the country for more than 6 months - I have not yet seen anything stating you have to be there for more than 183 days. Are you thinking about tax residency, perhaps?

This is the information, I found, which applies to my own situation:

• The holder of a temporary Residence Permit who intends to be absent from Portugal, during the validity period, for a timeframe exceeding six consecutive months or eight unsequential months has a duty to inform SEF before leaving national territory

There is more information on here: https://imigrante.sef.pt/en/direitos-deveres/

dmu

Hi, just to clarify, are you and your "other half" legally bound (married or civil union)?
If so, I'm not sure that he can decide not to be a resident if you, his spouse, are.
A different matter if you're simply "partners", and therefore individuals.
Some one on the Portugal forum will advise on your situation, on the basis of your matrimonial status...

riv

I have not heard anywhere of tourist arrivals being required to show a booking of a return flight.

I personally generally leave my return date open and book nearer the time once in Portugal. But non retired persons may of course need the clarity of a return booked flight.

But you are unclear as to the current situation / intention..........Does he now ( June 2021 ) desire or not desire to become Resident in Portugal ?

In any event my suggestion would be to ascertain, from its website, the email address of the Câmara at which he registered.

Then email that address and explain the history and the present intention, whether to remain Resident ( if that is what he is - they will surely understand that Covid made it impossible for him to comply with the physical presence rules ) or not to remain Resident. If you do not have sufficient Portuguese then use a translation app ( but maybe include the original English underneath ).

Whatever the current intention it would be beneficial to have an email string showing his intention to comply with the Rules, and that he is following whatever advice the Câmara now provides.

NataHH

No we are not married but we are both retired and have medical insurance in Portugal. I am a resident (with settlement status) in the UK but because I am an EU national I have no problem moving around the Schengen area like the Brits did pre Brexit.

The aim is to stay in Portugal for about 5 or 6 consecutive months. The ruling for a visa waiver is only 3 (actually 90 days to be precise) consecutive months then leave 3 months then you can come back for another three.
Thanks for the link Sharon. Six months is 183 days and we haven't been there for over a year due to travel restrictions. Not only does he want to make annual tax return the main reason is he does want a Portuguese driving licence which means he cannot drive a foreign registered car unless it goes through the matriculation process.

Riv because he registered at the Camara in December 2019 he is classified as a resident but due to the reasons given in my previous paragraph he does not want to be a resident. If we can we would like to come in as tourist on a 3 months visa waiver and then apply for a 2 or 3 months extension visa which will probably cost money but that doesn't matter. Thanks for your suggestion re emailing the camera.

I thought if you are coming in as tourist you would get your passport stamped like in America otherwise how do you or the authorities keep track?

RichardHenshall

This has been discussed at length but one of your problems may be, given that you mention driving a foreign car, that a visa extension (if he can actually get one) will only apply to one country (Portugal). Your OH will have to fly back directly, though you may be able to drive the vehicle through other Schengen countries back to the UK.

I assume you intended to state that he doesn't want make tax returns or be forced to have a Portuguese licence?

Lou71

​​​​​​My partner and I are in a similar situation but we have a legal civil partnership. My partner is British but I am fortunate enough to be Irish. I wrote to the EU on this very issue and they confirmed that if my partner is travelling with me, they can stay in Schengen for six months. If my British partner is not resident in an EU state, they would have their passport stamped. UK nationals who are resident in EU states should never have their passports stamped.

You would need to prove that you are in a stable partnership and I'm not sure how you would do that.

RichardHenshall

But surely you would still need to register your residency and, by extension, so would your partner? This would then re-create the driving a foreign vehicle problem.

Red Eric

No, that won't come into it here.

It has been very commonplace for Portuguese to go abroad for work purposes and many of them have left families behind when they did, so the immigration and tax authorities will be completely au fait with the concept of families residing apart and there's nothing which obliges a couple to be considered inseparable residence-wise on either front.

Red Eric

Not required, necessarily but I've certainly read very recently indeed about the UK authorities taking it into account, in conjunction with other factors, when making decisions about whether to admit EU citizens as tourists. And, indeed, detaining and deporting some.

I don't know about how that goes here - gut feeling is they wouldn't be that bothered but you might, I suppose, be asked about the matter. I haven't been through an airport since 1st Jan so I've no idea what checks are being done on UK passport-holders.

NataHH

Richard
Yes you spotted the obvious mistake. I did mean DOESN'T. and thanks for pointing out that any visa extension would only cover Portugal.

Lou71

Tourists don't need to change their driving licences. There is nothing stopping EU nationals from spending six months in another member state, they don't have to take residency, these are the wonders of freedom of movement. An EU national can go travelling around different EU states for a year if they like and there is nothing stopping them from doing so, in normal times of course.

UK nationals can avoid the dreaded 90 day travel restrictions if their partner is an EU national as long as they travel with them.

NataHH

The dilemma is that after 3 months' stay everyone incl. EU nationals should register at the Townhall but pre-Brexit hardly anyone bothered. I have never found out if I should register after 3 months and, should I stay longer, deregister upon departure. So much for free movement !!
Lou I also read somewhere that one could get a spouse visa but not sure if they accept people who have been living in sin over 30 years. .but it would be great if they would be happy to accept a joint Portuguese bank account which we have for the past 20 years as proof.

Lou71

I agree, the EU have a very relaxed approach to freedom of movement and that is what I like about it, the flexibility.

The Portuguese bank statement should be sufficient proof that you and your partner have been living together for years - sorry, not clear on what you mean by "living in sin" and the significance of that?

​​​​​​I don't know about a visa but there is no doubt that your partner can stay in Schengen for 180 days as long as they are travelling with you and you both go through border control on entering Schengen together.

NataHH

It's a tongue in cheek remark. This gives my age away. Just Google the meaning.