IF YOU ARE A UK NATIONAL FAMILY MEMBER
I am a family member of a UK national who is living in Portugal, will I be able to join him/her?
See below the situations in which family members of UK nationals covered by the Withdrawal Agreement can join them in Portugal:
Partner in a registered partnership, recognised as such by Portuguese law (upon two years of common residency and registration with the local Parish Council);
Partner in a registered partnership, recognised as such in the UK, upon presentation of a duly legalised document (more information on the legalisation of documents available here);
Direct descendants under the age of 21 or if they are dependants. The same situation also applies to direct descendants under the age of 21 or if they are dependants of spouses or partner;
The dependant’s direct relatives in the ascending line and those of the spouse or partner;
Any other family members, regardless of their nationality, who (in the country they came from) are dependants or members of the household of a UK national or people which serious health grounds strictly require the personal care of a UK national.
I am living in Portugal and I have a daughter living in the UK who is turning 18 in 2021, will she still be protected by the Withdrawal Agreement?
Family members of UK nationals protected by the Withdrawal Agreement are eligible, provided they meet one of the following conditions:
Living in Portugal, according to EU legislation, before the transition period and continuing to do so after that period;
Directly related to a UK national who lived in Portugal before the transition period and continues to do so after that period or to a UK national frontier worker;
Born or adopted by a UK national who lived in Portugal before the transition period and continues to do so after that period or by a UK national frontier worker.
My husband has been living in Portugal since April 2020, but I am still in the UK. I wish to move to Portugal in 2021 to join him. How should I register?
As a family member of a UK national protected by the Withdrawal Agreement (WA) , you will be able to join your husband in Portugal and apply for family reunification.
You may apply for family reunification with the Immigration and Borders Service (SEF).
If your husband is living in Portugal since before the end of the transition period and he is a WA beneficiary, we recommend that you contact SEF through the general contacts and Brexit portal contacts, both, in order to proceed with family reunification process.
If your husband is not yet registered, but is covered by the WA, you should wait for him to regularise his residency. Once this process is complete, you may apply for family reunification as described above.
*Please note that the regularisation process for UK nationals who move to Portugal from 1st January 2021 onwards, will fall under the legislation covering third-country nationals and, therefore, residence rights are different from those granted by the Withdrawal Agreement. As a third country national you have the right to stay in Portugal for three (3) months. Within thirty (30) days after the first three (3) months of entry into the national territory you must apply for residence.
For more information, please visit SEF's website.
For more information, please visit Ministry of Foreign Affairs' website.