Moving to the UK after Brexit as a Portuguese citizen

Following the end of the Brexit transition period and the UK’s departure from the European Union, immigration between Portugal and the United Kingdom has changed drastically. The main change is that freedom of movement between the UK and the EU countries officially ended on the 31 December 2020. This means that to move to Britain, Portuguese citizens must now secure a UK visa that grants them entry into the country.

Although it is more difficult for Portuguese citizens to make the United Kingdom their home now, it is still very possible and there is a wide range of visas that citizens from Portugal could be eligible for.

EU citizens who were already living in the United Kingdom before the 1 January 2021 however, may not be affected by the immigration changes. The Withdrawal Agreement ensures that the rights of Portuguese citizens, alongside other EU citizens living in the UK, are protected. If you were resident in the UK before this date, then you could be eligible for the EU settlement scheme.

If you are granted leave to remain under the EU settlement scheme, you will not need a visa to continue living in the country. EU citizens can apply for pre-settled or settled status under the EU Settlement Scheme on the gov.uk website. Settled status will usually be granted to those who have lived in the UK for more than 5 years, pre-settled will be granted to those who have lived in the UK for less than 5 years. Those with pre-settled status will later be able to apply for settled status after they have met the 5 year requirement.

Citizens of Portugal must now apply for a visa to come to the country under the new points-based immigration system recently introduced by the UK government. If you are planning to visit as a tourist for no more than 90 days, you do not need to apply for a visa.

The points-based system requires you to score a specific number of points depending on the type of visa you are applying for. These points can usually be achieved by meeting requirements such as understanding the English language or proving that you can support yourself financially whilst in the country.

Many visas are open to citizens of Portugal, the one you will need will depend on why you want to come to the United Kingdom and how long you intend to stay. Some of the most common visas include:

• The Skilled Worker Visa – for those who have a job offer at the appropriate skill level in the UK
•  The Spouse Visa – for those who would like to join a British partner in the country
• The Student Visa – for those with an offer to study on a course in the UK
• The Fiance Visa – for those planning to marry their British partner in the UK
• The Temporary Workers Visa – for those planning to work in the UK temporarily, such as a seasonal worker

These visas are used to work, study and join partners in the UK. There are also visa options for those intending to start a business in the UK, such as the Startup Visa, Innovator Visa and Investor Visa.

Portuguese nationals can usually become permanent residents in Britain after living in the country on a valid visa for at least 5 years. To be able to live in the country permanently you will need to apply for settled status under Indefinite Leave to Remain (ILR). Many routes lead to ILR, just a few of these include:

• The Spouse Visa
• The Skilled Worker Visa
• The Ancestry Visa

As well as meeting the residency requirement, there are a few other requirements that you will need to meet to be granted ILR, these include:

• Passing the Life in the UK test
• Demonstrating your knowledge of the English language

Indefinite Leave to Remain is also a key step for Portuguese nationals who are hoping to become a British citizen. Once you have held ILR for at least 12 months, you could be eligible to apply for British citizenship via naturalisation. Having British citizenship will give you the freedom to live, study and work in the UK free of immigration restrictions. As well as this, you will have the rights of anyone else with British citizenship, including the right to a British passport and the right to vote in all UK elections.

There are also other routes to becoming a British citizen. These include:

• Citizenship by marriage – for those who are married to or in a civil partnership with a British citizen or someone with settled status in the UK
• Citizenship by Descent -For those who have British parents of grandparents
• Citizenship by Birth – Those who were born in the UK may be able to register as a British citizen

Over the past few years thousands of Goans have moved to the UK using their Portuguese nationality. Portuguese immigration law states that those born before Goa’s liberation in December 1961 and two generations following this can opt for Portuguese nationality and be granted Portuguese passports. Many Goans have taken advantage of this law, which makes it much easier for them to settle in the UK.

The Withdrawal Agreement protects the rights of all Portuguese citizens in the UK, including those of Goan-origin. So, those living in the UK prior to the 1 January 2021, will be able to remain in the UK under the EU settlement scheme. Goan-origin Portuguese nationals will either be granted pre-settled or settled status, depending on how long they have resided in the UK. The deadline for applying is the 30 June 2021. As well as this, Goans that hold Portuguese passports will be able to move to the UK in the same way that Portuguese citizens can, by applying for one of the many UK visas.