My Article 15 residence card is about to expire and my spouse is a UK citizen. What can I do?
Danielle Avidago | Lawyer
Living in Portugal with a UK spouse. What happens when your Residence Card expires?
For UK nationals living in Portugal, expiring residence documents don’t have to create uncertainty. Family members of UK citizens can secure lawful status under the Withdrawal Agreement by showing continuous residence and a family relationship established before Brexit. With the right preparation and guidance, it’s possible to maintain long-term residence, stay fully compliant, and protect your rights.
Brexit may feel like old news, mixed up with the traumas the pandemic left on the world around five years ago. This timeline, however, is no coincidence. It corresponds to the entire
validity period of both the
Certificate of Registration of EU Citizens and the
Residence Card for Family Members of EU Citizens, also known as
Article 15.
This means that UK citizens who arrived in Portugal before Brexit, when the United Kingdom was still part of the European Union family, are now holding residence documents that are expired or about to expire.
For many UK citizens and their families living outside the UK, the forgotten legal consequences of Brexit are only now coming into sharp focus. Most UK citizens holding a CRUE requested, almost immediately, their residence card under the Withdrawal Agreement.
One of the most overlooked
post-Brexit scenarios, however, concerns family members of UK nationals who never applied for residence status under the
Withdrawal Agreement and who are currently still relying on an
Article 15 residence card that is now approaching expiry. Many relied on pre-existing EU residence cards or received inconsistent information from the authorities.
The contradictory information provided by different
AIMA
services created a true-crime scenario of legal uncertainty. Some officers stated that once an applicant acquired the right of residence in Portugal under Article 15 of Law no. 37/2006 of 9 August, their
right to permanent residence was already secured under Article 17 of that same diploma, provided the
continuous residencerequirement was met.
Other AIMA officers, however, stated that from the moment the Withdrawal Agreement entered into force, Law no. 37/2006 of 9 August was no longer applicable to UK citizens and their family members, and that all of them were required to transition their residence status to the new legal framework.
Both interpretations seemed plausible and aligned with the spirit of each regime. However, only one is correct and provides the legal certainty and long-term stability UK citizens and their families deserve.
The contradiction is now over. Family members of UK citizens currently holding an Article 15 residence card must apply for residence under theWithdrawal Agreement in order to regularise their immigration status in Portugal.
Because of this uncertainty, many family members of UK citizens
never submitted an application under the Withdrawal Agreement alongside their British relatives. This situation is neither unusual nor problematic.
The guiding principle of the Withdrawal Agreement is
“no one gets left behind”. This wording is not accidental. It reflects the European Union’s careful intention to
protect acquired residence rights and ensure
continuity of lawful stay, even after freedom of movement came to an end.
In practical terms,
UK citizens and their family members
may apply for residence under the Withdrawal Agreement at any time.
There are, however,
conditions that must be met to ensure a smooth and successful application. It is essential to demonstrate that the UK citizen and or their family members were
continuously residing in Portugal before and after Brexit.
If you are the kind of person who saves every grocery receipt, this is your moment to shine. In our experience, such documents are often one of the strongest ways to
prove real and effective residence in Portugal.
If you are more of a minimalist, do not worry. Together, we can coordinate a
tailored legal strategy to demonstrate continuous residence through alternative documentation, so you can keep enjoying your sangria by the beach while watching the pink and orange sunset.
Another condition concerns the
family relationship that gave rise to the
residence right. The applicant must demonstrate that the qualifying family relationship existed before Brexit.
This does not mean that the right is lost in cases of divorce or death of the UK citizen. It simply means that the family relationship must have begun prior to 31 December 2020.
Once the documentation is accepted by the designated
Brexit officer, an appointment will be scheduled for the collection of new biometric data and verification of original documents. The outcome is the
issuance of a residence card valid for ten years, safeguarding the right of residence in Portugal under the Withdrawal Agreement.
Brexit may no longer dominate headlines, but for many UK families, its legal story is still unfolding. Article 15 is not the end of that story, and ensuring that no one gets left behind remains one of our main goals.
Get in touch with us through our
contact form, and we will handle the rest.
