Hi All. I hope you are all keeping well and safe. I came across the statement below regarding the withdrawal agreement and how it impacts UK citizens who had residence status prior to January 1st 2021. It seems to infer that previously proven residence status (blue permit?) automatically guarantees residence post brexit.
Interesting post by the admin of British in Portugal, who contacted the Europe Direct Contact Centre (didn't know of its existence!) on holding two statuses. Portugal is a declaratory country like Greece, so the same holds for us.
'"Thank you for contacting the Europe Direct Contact Centre.
In Member States which opted for declaratory schemes, United Kingdom nationals and their family members who fulfilled the conditions for residence obtained their new residence status in the host State on 1 January 2021 automatically, by operation of law.
The host EU state may still require, as an administrative formality, that United Kingdom nationals and their family members register with national authorities or apply for a new residence document so they can certify existence of their new residence status under the Withdrawal Agreement.
Unlike the rules applicable to EU citizens in the UK and to United Kingdom nationals living in a host EU state with a constitutive scheme, United Kingdom nationals living in a host EU state with a declaratory scheme cannot lose their rights under the Withdrawal Agreement if they fail to register with national authorities or to apply for a new residence document. The penalty for not registering/applying in time is a financial sanction, at worst. It cannot lead to a loss of rights under the Withdrawal Agreement.
Declaratory schemes operate according to national laws. As such, we recommend that you contact the Portuguese authorities with any questions about the residence documents they issue: https://imigrante.sef.pt/en/solicitar/
Applying for Residence in Portugal – The Official Website of Portuguese Immigration - Portal Serviço de Estrangeiros e Fronteiras
general regime l startup visa l investment l family reunification l others. employed l self-employed l highly qualified l transferred workers
The Withdrawal Agreement does not prohibit UK nationals and their family members from holding additional statuses under other instruments of EU or national law at the same time, provided they meet the conditions attached to these statuses.
A dual EU/UK national who is a Withdrawal Agreement beneficiary, can therefore also be a mobile EU citizen exercising free movement rights in the host State.
*In order to be able to evidence dual status (Withdrawal Agreement beneficiary and EU citizen exercising free movement rights), we suggest that citizens apply for both a document certifying permanent residence under the Free Movement Directive and for a new residence document to be issued under Article 18(4) of the Withdrawal Agreement.*
For the sake of completeness, please be informed that both under EU free movement law and under the Withdrawal Agreement the right of permanent residence is had automatically after having legally resided for a continuous period of five years in the host Member State.
However, the right of permanent residence provided for in the Withdrawal Agreement is more beneficial compared to the right of permanent residence under EU free movement law in that Article 15(3) of the Withdrawal Agreement provides that the right of permanent residence is lost only through absence from the host State for a period exceeding five consecutive years.
This goes beyond the allowed two-year absence for loss of the right of permanent residence under Article 16(3) of the Free Movement Directive. Therefore, Withdrawal Agreement beneficiaries can remain absent for a longer amount of time than EU citizens exercising their free movement rights, before losing their residence status. This is because once lost, the status of Withdrawal Agreement beneficiary cannot be recovered. In contrast, an EU citizen can always start a new period of legal residence in the host State, be it with a non-permanent residence right.
We hope you find this information useful. Please contact us again if you have other questions about the European Union, its activities or institutions."
I’ve come across several instances of folk going to their police stations to register for their biometric permit being asked for a wide variety of ‘evidence’ of residence based on what the particular official feels is required. The above statement seems quite clear to me but I am not well versed in EU legislation around this topic.
Does anyone with more experience regarding this issue have an opinion on the validity of this.
Best wishes to all and sorry for the long post.