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Using a solicitor to obtain residency permit

Using a solicitor to obtain residency permit

Old May 20th 2022, 7:02 am
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Default Re: Using a solicitor to obtain residency permit

Originally Posted by GrahamF
Before 31/12/20 lots of people did just that, they arrived in a marina, declared that as an address and were given 5 years temporary residence. They will of course have problems when that residence expires and can't prove settled status, most having just used it to avoid 90/180. These days it's not so simple but depending on personal contacts the solicitor may have within SEF (or whatever they're called these days) could still be doable. As is often the case in Portugal, success often depends on who one knows.
That is a registration of presence certificate for an EU citizen - an entirely different thing from a resident permit.

It doesn't bestow the right of 5 years' residence. The right is already there, subject to certain provisos, in the EU treaties. Getting a certificate after being present for the time you are considered a visitor merely formalises the fact that you are exercising that right. It is the certificate that has the validity period, not the person. The right doesn't expire with the certificate, nor does the certificate alone prove that one has exercised that right.

None of that is true for 3rd country nationals, who must apply from country of current residence for a visa which allows them to apply for a resident permit once in Portugal. With certain exceptions, without that visa one can't request permission to reside in Portugal after arrival.
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Old May 20th 2022, 8:40 am
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Default Re: Using a solicitor to obtain residency permit

Originally Posted by Red Eric
None of that is true for 3rd country nationals, who must apply from country of current residence for a visa which allows them to apply for a resident permit once in Portugal. With certain exceptions, without that visa one can't request permission to reside in Portugal after arrival.
Does that mean that when we eventually find a buyer for our HK property and my wife buys a one-way ticket to Portugal she first needs to apply in HK? I was under the impression that as my wife she somehow automatically gets residency when she gets here.

Last edited by Rosemary; May 20th 2022 at 8:50 am. Reason: corrected quote
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Old May 20th 2022, 1:35 pm
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Default Re: Using a solicitor to obtain residency permit

Originally Posted by sportpix
Does that mean that when we eventually find a buyer for our HK property and my wife buys a one-way ticket to Portugal she first needs to apply in HK? I was under the impression that as my wife she somehow automatically gets residency when she gets here.
Normally, 3rd country nationals who are holders of a residency permit have to approach SEF to initiate the process, which leads to a visa being issued for the family member(s) abroad (see here)

As you were a registered resident prior to the end of the Brexit transition period the procedure may be different and possible to apply for after arrival - not sure on that, though.
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Old May 20th 2022, 8:08 pm
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Default Re: Using a solicitor to obtain residency permit

Originally Posted by sportpix
Does that mean that when we eventually find a buyer for our HK property and my wife buys a one-way ticket to Portugal she first needs to apply in HK? I was under the impression that as my wife she somehow automatically gets residency when she gets here.
As RedEric says, your case is different from the OP in that you did get your Residency within the timescale of the Brexit Withdrawal Agreement so YOU as the applicant have to make the request on behalf of your family member and it is you that is asking for Family Reunion. Here is the PT, SEF website with all (and I mean really lots of ) details on how to go about it. https://imigrante.sef.pt/en/solicitar/residir/art98-1/
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Old May 20th 2022, 8:36 pm
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Default Re: Using a solicitor to obtain residency permit

Originally Posted by GrahamF
These days it's not so simple but depending on personal contacts the solicitor may have within SEF (or whatever they're called these days) could still be doable.
Or maybe not.

SEF makes defendants two lawyers, one physician and one former employee
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Old May 21st 2022, 4:50 am
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Default Re: Using a solicitor to obtain residency permit

Originally Posted by Rambling archer
As RedEric says, your case is different from the OP in that you did get your Residency within the timescale of the Brexit Withdrawal Agreement so YOU as the applicant have to make the request on behalf of your family member and it is you that is asking for Family Reunion. Here is the PT, SEF website with all (and I mean really lots of ) details on how to go about it. https://imigrante.sef.pt/en/solicitar/residir/art98-1/
Many thanks RE and RA. I will follow up with this and try to make plans in the hope we find a buyer for our HK property.
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Old May 23rd 2022, 1:09 pm
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Default Re: Using a solicitor to obtain residency permit

I've just spoken to the guy who did all of my paperwork and he told me that I cannot apply for my wife to join me until I have the biometric ID card. This is a disappointment as the process for getting the card seems to have gone into hibernation. The only good news from the phone call was that my wife does not have to swap her UK driving license before the end of the year but will have 90 days to do so once she finally gets her residency ID card, when ever that might be.
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Old May 23rd 2022, 3:34 pm
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Default Re: Using a solicitor to obtain residency permit

google translate on their official website?
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Old May 23rd 2022, 8:50 pm
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Default Re: Using a solicitor to obtain residency permit

Originally Posted by sportpix
I've just spoken to the guy who did all of my paperwork and he told me that I cannot apply for my wife to join me until I have the biometric ID card.
That surprises me.

Your protected status under the WA shouldn't (in Portugal's case, at least) rely on the issuance of a new document.
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Old May 23rd 2022, 8:56 pm
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Default Re: Using a solicitor to obtain residency permit

Originally Posted by SgtTroy
google translate on their official website?
SEF site in English option.
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