Question:

In order to become a Portuguese Tax Resident, you need to spend 183 days in Portugal.  Does that mean 183 days in one stretch or is that spread over one year whereby we could travel in and out of Portugal?

Also for how many years does one need to maintain the 183 days per annum residency in Portugal?

Answer:

In order to be considered a tax resident in Portugal you need to spend 183 days in Portugal (in total throughout the year) or be an habitual resident in Portugal i.e. treat Portugal as your main address worldwide.

The NHR tax programme is valid for 10 year, this said, you must be considered a tax resident within those 10 years.


 

Answer supplied supplied on 20th October 2020 by Chamber member Edge International, ggraham@edge-il.com

Question:

If I apply for citizenship after 5 years residency in Portugal, are there any other conditions about speaking Portuguese I should be aware of?

Answer:

It is worth mentioning that, among the documents that will be required for applying for citizenship, an applicant requires a certificate of basic language proficiency (A2). There are a number of language schools that provide individual tutoring or classes to prepare for this certificate.

If a UK citizen applies for higher education in Portugal before 31 December 2020, he or she will be allowed to maintain the same status as citizens from any EU member state for the duration of their course (i.e. the fees for the course).


Answer supplied on 15 August 2020 by Chamber member, lawyer Cristina Silva Dias, cristina@silvadias-legal.com

Question:

Can we travel back to the U.K. before December 31st 2020 and still get the residency?

Answer:

As soon as you obtain your residency rights, you will be entitled to live in Portugal and you can travel freely. Nonetheless, please bear in mind that as a tax residence you should spend 183 days per year in Portugal or, in alternative, you have to treat Portugal as your main centre of interests.


Answer supplied on 23rd September 2020 by Chamber member Edge International, ggraham@edge-il.com

Question:

Do we all need a Fiscal number?

Answer:

Yes, all of you will need to have a Portuguese Tax Number, because you will be considered tax resident in Portugal.


Answer supplied on 23rd September 2020 by Chamber member Edge International, ggraham@edge-il.com

Question:

Do we need a tenancy agreement or can we rent via Airbnb to get the residency?

Answer:

You have to conclude a rental contract. As you should have your main interest centre in Portugal, rent via Airbnb is not suitable.


Answer supplied on 23rd September 2020 by Chamber member Edge International, ggraham@edge-il.com

Question:

Which Portuguese government department handles immigration and visas for British people who want to register their living arrangements in Portugal, or who want to research what they need to do?

Answer:

(As at 5th Nov 2020) The Portuguese government department which handles these issues is called SEF (Servico de Estrangeiros e Fronteiras) and they supply information

in Portuguese and in English. See below the SEF contacts and website details.

sef.pt/en

imigrante.sef.pt/en


 

Answer supplied on 1st October 2020

Question:

How long does the residency last?

Answer:

Usually, the UE Residency Certificate is valid for 5 years.


Answer supplied on 23rd September 2020 by Chamber member Edge International, ggraham@edge-il.com

Question:

If we get residency can we travel back to the U.K. freely and can we also travel to Europe after 31. 12. 20, as we have been so far?

Answer:

As referred, you will be able to travel freely. However, you need to pay attention on the number of days you spend in other countries in order to avoid being considered tax resident elsewhere.


Answer supplied on 23rd September 2020 by Chamber member Edge International, ggraham@edge-il.com

Question:

If my wife and I register by 31 December 2020 our intention to reside in Portugal, can you advise how much time thereafter we would get to then actually move and begin living there? (The information is not available as yet on your “Essential Business” website page)

Answer:

If you and your wife obtain residency rights in Portugal until the end of the current year, you shall become tax residents as soon as possible since these are only obtained with the intention of moving and living in Portugal.


Answer supplied on 20th October 2020by Chamber member Edge International, ggraham@edge-il.com

Question:

Is there a minimum investment that needs to be made by British citizens to qualify for residency in Portugal?

Answer:

There is no minimum investment that needs to be made in order to acquire residency rights since you will apply as an EU citizen.


 

Answer supplied on 20th October 2020 by Chamber member Edge International, ggraham@edge-il.com

Question:

Is there a set number of days we need to be in Portugal before we can get residency?

Answer:

In order to acquire residency rights in Portugal it’s not necessary you stay a set number of days in Portugal before it. However, to be considered tax resident in Portugal, you should spend 183 days per year in Portugal or, in alternative, you have to treat Portugal as your main centre of interests.


Answer supplied on 23rd September 2020 by Chamber member Edge International, ggraham@edge-il.com

Question

I am a British resident and I am thinking of moving to Portugal in 2021.  Now that the UK is out of Europe, does applying for Portugal’s Golden Visa make sense for me?  What other options are there?

Answer

It will depend on your individual circumstances.  The Portuguese government’s Immigration Service (SEF) explains on its website the benefits of the Golden Visa and also what you need to do to qualify for it.

Article 90-A – Residence Permit for investment purposes – The Official Website of Portuguese Immigration (sef.pt)  

This is a special programme designed to attract foreign investment into Portugal. The scheme speeds up the process for foreign investors from non-EU countries to get residence in Portugal, if they buy Portuguese real estate or invest up to a certain value. Provided they meet the conditions, under this scheme non-EU citizens will receive a Portuguese residence permit and can later apply for full Portuguese citizenship.

You will have to invest a minimum of 350,000 euros in Portugal under one of the qualifying routes, but in return your Golden Visa will allow you to live and work in Portugal and move freely within the Schengen countries. You will need to be in Portugal 7 days a year.  So it may suit you if you are in a hurry to secure your residency in Portugal, have significant business and family interests in Europe and need the freedom to travel around.

If you are planning to move to Portugal to retire, or live permanently there, there are several other visa options available, which do not involve the same investment costs as the Golden Visa.

Non-EU/EFTA nationals moving to Portugal for more than three months will first need a long-term Portuguese residence visa to allow them to later apply for a Portuguese residence permit from the SEF in your area,  Usually, a permit (Autorização de Residência) is granted to allow Portuguese residency for one year. This can be renewed every two years for a total of five years. After this, you can also apply for a permanent residence permit.

All non-EU citizens applying for a Portuguese residence permit will need to demonstrate evidence of sufficient funds and accommodation. There are additional documents and requirements, depending on the reason given for requesting a Portuguese residence permit; find details here, as well as details of fees payable. Information on renewing your Portuguese residence permit is available here.

The Portuguese Immigration Service (SEF) deals with all issues relating to residence permits for non-EU/EFTA nationals.

Residents who are from non-EU/EFTA countries can apply for Portuguese permanent residence after having lived in Portugal for five years if they have a valid temporary residence permit and can prove that they have had a legal and uninterrupted residence in Portugal for the five year period.

Foreign residents can apply for full Portuguese citizenship after six years of residence, although exceptions apply; for example, it’s only three years for spouses of Portuguese citizens and considerably easier for children born to at least one Portuguese citizen or a foreign permanent resident holder.


Information supplied on 7 Jan 2021

 

Question

My parents own a house in Portugal and spend several months each year there. But they have never registered with the authorities as residents, should they do that before 31 December 2020?

Answer

Any British person living in Portugal or who spends a lot of time each year there should proceed to register at the local Camara where they live in Portugal without delay, and certainly before 31 December 2020.

For more information see this section of the Portuguese governments website


 

Answer supplied on 1 October 2020

Question:

I am British but I already live in Portugal.  However, I didn’t yet update my permit – what do I need to do?

Answer

The Portuguese government has updated all its advice on its main portal to reflect the recent completion of Brexit.  For more information click here General guidance on the new residence permits for UK nationals under the Withdrawal Agreement – BREXIT (sef.pt) and see the general guidance on the new residence permits for UK nationals under the Withdrawal Agreement

The new residence permit will be issued to UK nationals residents in Portugal before 31 December 2020 and confirms their status as beneficiaries of the Withdrawal Agreement between the United Kingdom and the European Union.

This new residence permit replaces the EU residence documents previously issued (Registration Certificates issued by the town halls and Certificates of Permanent Residence issued by SEF – Portuguese Immigration and Borders Service).

The current residence EU documents will be accepted after 31 December 2020 and until the new residence permit is issued.

After registering on this Portal and submitting the form, the UK nationals can download digital proof of their registration – a document, with a QR code  – which can be printed and used when travelling to prove residence in Portugal.

General guidance on the new residence permits for UK nationals under the Withdrawal Agreement – BREXIT (sef.pt)


Information supplied 7 January 2021

Question:

What conditions should I be aware of in order to obtain residency in Portugal? As far as I’m aware I should be able to support myself without being a burden to the Portuguese state. Are there any specific numbers in terms of income or savings which would represent being self sufficient?

Answer:

An EU citizen (which the British will be until 31 Dec 2020) will have to sign an affidavit confirming that he or she has sufficient financial capacity to be self-sufficient, but there are no minimum requirements.


Answer supplied on 15 August 2020 by Chamber member, lawyer Cristina Silva Dias (cristina@silvadias-legal.com)