Since Brexit, Portuguese passport holders in the UK have experienced changes in residency and travel rules. While the UK is no longer part of the EU, Portuguese citizens who were residents before Brexit have options to stay, and those arriving now must meet new requirements. This guide covers the latest rules, including residency rights, travel, and work regulations for Portuguese citizens in the UK.
1. Overview of New Rules for Portuguese Passport Holders in the UK
Following Brexit, free movement between the EU and the UK ended on December 31, 2020. Portuguese passport holders must now follow updated immigration and residency requirements. Portuguese citizens who were living in the UK before Brexit had the opportunity to secure their status through the EU Settlement Scheme, while those arriving after January 1, 2021, must meet new entry requirements.
2. Residency Rights for Portuguese Citizens Already in the UK
For Portuguese passport holders who were residents of the UK before January 1, 2021, the EU Settlement Scheme (EUSS) allowed them to secure their rights to live, work, and study in the UK.
Settled and Pre-Settled Status
- Settled Status: Granted to Portuguese citizens who had been continuously living in the UK for five years or more. It provides indefinite leave to remain in the UK, with the ability to apply for British citizenship after one additional year.
- Pre-Settled Status: Granted to those who had not yet completed five years of residency in the UK by the Brexit deadline. After reaching five years of residency, they can apply for settled status.
Note: The deadline to apply under the EU Settlement Scheme was June 30, 2021. However, some late applications may be accepted under specific circumstances.
3. Visiting the UK with a Portuguese Passport: Short-Term Stays
Portuguese passport holders do not require a visa for short visits to the UK (up to six months) for tourism, family visits, or business meetings. However, these visits are restricted to certain activities and do not allow employment or long-term residency.
Allowed Activities on Short Visits:
- Tourism and sightseeing
- Attending business meetings or conferences
- Family visits and short social trips
- Certain study programs (short-term)
Portuguese visitors must demonstrate at the border that they intend to leave within the permitted six-month period and may need to show proof of accommodation, return tickets, and sufficient funds.
4. Portuguese Citizens Moving to the UK Post-Brexit
Portuguese passport holders planning to move to the UK for work, study, or family reasons after January 1, 2021, must apply for a visa under the UK’s points-based immigration system. Common visa routes include:
A. Skilled Worker Visa
The Skilled Worker Visa is for Portuguese citizens with a job offer from a UK employer approved by the Home Office. Applicants need to meet specific salary and skill requirements and must score at least 70 points based on factors like qualifications, salary, and English language skills.
- Minimum Salary: Typically £26,500 or the “going rate” for the job.
- English Language Requirement: Proficiency in English at a B1 level or higher.
B. Student Visa
Portuguese citizens accepted into a UK educational institution can apply for a Student Visa to study full-time.
- Confirmation of Acceptance for Studies (CAS): Required from a UK-accredited institution.
- Proof of Funds: Sufficient funds to cover tuition and living expenses.
C. Family Visa
Portuguese citizens can apply for a Family Visa if they have a family member who is a British citizen or a settled person in the UK.
D. Other Visa Routes
Other options include Start-Up and Innovator Visas, for entrepreneurs, and Youth Mobility Scheme Visas for young adults eligible under this program.
5. Travel Requirements for Portuguese Citizens Entering the UK
Although Portuguese passport holders do not require a visa for short-term visits, there are entry requirements that must be met upon arrival:
- Valid Passport: Portuguese passport holders must present a valid passport to enter the UK. National ID cards are no longer accepted for entry unless the individual has settled or pre-settled status.
- Proof of Return or Onward Travel: Proof of departure from the UK within six months may be requested.
- Financial Means: Evidence of sufficient funds for the duration of the stay.
6. Right to Work for Portuguese Citizens in the UK
Portuguese citizens who have settled or pre-settled status under the EU Settlement Scheme retain the right to work in the UK without restrictions. Those moving to the UK for work after Brexit need to secure a work visa under the points-based system.
Note: Employers in the UK are now required to verify that all workers, including EU citizens, have legal permission to work in the UK.
7. Healthcare Access for Portuguese Nationals in the UK
Portuguese citizens residing in the UK under settled or pre-settled status can access the National Health Service (NHS) in the same way as British citizens. Portuguese visitors to the UK can access urgent or emergency care but may need to pay for other services unless they hold a European Health Insurance Card (EHIC) valid in the UK.
8. Applying for British Citizenship for Portuguese Nationals
Portuguese nationals with settled status may be eligible to apply for British citizenship after residing in the UK for at least six years (five years to obtain settled status and one additional year of settled status). Requirements include:
- Knowledge of Life in the UK: Passing the Life in the UK Test.
- English Language Proficiency: Meeting the B1 English language requirement.
9. Frequently Asked Questions (FAQs)
1. Can Portuguese citizens still live and work in the UK without a visa?
Only Portuguese citizens with settled or pre-settled status under the EU Settlement Scheme can live and work in the UK without a visa. New arrivals must apply under the points-based system.
2. Do Portuguese passport holders need a visa for short visits to the UK?
No, Portuguese citizens can visit the UK for up to six months without a visa, but they cannot work or study for extended periods.
3. Can Portuguese nationals use their national ID to enter the UK?
No, only a valid passport is accepted for Portuguese citizens unless they have settled or pre-settled status.
4. What happens if a Portuguese citizen misses the EU Settlement Scheme deadline?
Late applications may be accepted under certain circumstances, such as medical issues or lack of awareness, but these are assessed on a case-by-case basis.
5. Can Portuguese citizens apply for British citizenship?
Yes, Portuguese citizens with settled status can apply for British citizenship after one year of holding settled status.
6. Are Portuguese students eligible to study in the UK post-Brexit?
Yes, but they need to apply for a Student Visa and meet financial and academic requirements.