Before Brexit, this was not an issue as Britons, with or without a residence card, would obviously join the EU queue because they were part of the EU. However, now that they are out, problems are starting to arise for many people who were used to joining the EU queue.
The Portugal News asked SEF to clarify which queue a non-EU citizen residing in Portugal should enter, to which they replied that they should enter the queue for non-EU citizens, because they are not from the EU. In other words, for SEF officials this is not an issue.
According to the Association of Foreign Property Owners in Portugal (AFPOP), “this is something that has been back and forth for some time. The initial answer was that UK citizens who can show a valid residency card can use the EU passports lane, and then it was altered to say that they must comply with the EU directive and use the ‘all passports’ lanes”.
However, the fact is that there are reports of some Britons with a valid residence card who seem to be authorised by SEF officials to use the EU citizens' queue. “Personally, I have always found I was able to use the EU lanes, simply by showing my Residência and not my passport and asserting my right to use that channel”, said Michael Reeve, CEO of AFPOP.
Following the rules
Although this experience is common among many British citizens, this is not what the law states. “Earlier this year I did take this up in a conversation with the head of the SEF delegation at the airport and she, very apologetically, said that they had to follow the EU directives and UK citizens had to use the non-EU channels, but - and this is just my feeling – it seemed to me that she and her deputy were following the guidelines that they had been told to follow, rather than any desire to enforce the regulation”.
According to Michael: “It seems to me that if the SEF leaders are feeling that they have to publicly follow the rules, perhaps they are less emphatic about directing their staff, which does seem to be evident given that the SEF staff at the booths are happy to allow UK passport holders through if they are resident.”
In his personal view: “As far as I am concerned I simply don’t ask the question. I just join the EU Passports queue without having my passport on display and then speak to the SEF officer at the booth. The rules though are that UK passport holders are to use the non-EU booths”.
“As for the rights of residents, that materialises in the fact that UK passport holders with Portuguese residency don’t get their passport stamped on entry and exit at Portuguese border controls, thereby not activating any Schengen travel restrictions, the so called 90/180 day rule. That is where the right lies, rather than the right to use EU entry booths”, he added.
It is also important to mention that the right of using EU passport booths for residents in Portugal “should really apply to all nationalities and not just UK citizens. There are others who could equally, and quite rightly, claim the same right of access (...) a resident is a resident, whatever the colour their passport”, he said.
Paula Martins is a fully qualified journalist, who finds writing a means of self-expression. She studied Journalism and Communication at University of Coimbra and recently Law in the Algarve. Press card: 8252
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Travelling from the UK to Portugal I’m March the queues were very busy a SEF official was directing non EU passport holders regardless of Statius to the non EU passport queues, and one officer stood up in her booth and informed non eu passport holders could not use these lanes unless they were spouses of Eu citizens, it was great having an EU passport and laughing all the way to baggage reclaim .
By Paul from Algarve on 12 Jul 2023, 22:12
That was a helpful srticle clarifying entry queues into Portugal. I have Portuguese residency, but I am a USA citizen not British. So similarly, the rules would apply to me as they do to the BRITs. When it comes to getting your visa renewed, however, it appears that the Brits were moved to the front of the line, which is a bit disconcerting. That must have something to do with their long-standing “special relationship” in Britain has with Portugal. Britain also has it with the USA.
By Patrick Ohearn from USA on 13 Jul 2023, 04:44
Hi Paula, m
My experience, in practice, as a UK expat and Portuguese resident has always been straightforward using the EU Passport Lanes.
If for no other reason it is because my Certificate of Portuguese Residencia states: "Resident of Portugal and rights as an EU Citizen".
This EU Citizenship was a major factor in my decision to relocate to this wonderful country.
By Rod Clifford from Algarve on 13 Jul 2023, 08:46
What about Portuguese residents with dual nationality say Uk and an EU country? If the residency was gained using a UK passport?
By James from Algarve on 13 Jul 2023, 09:10
Let's take this news story up a level, focusing on the thousands of non-EU citizens who are residence cars holders in Portugal, not just Brits. Michael Reeves explains clearly the perspective of the rights of all residence card holders, so can this be validated with border control? We.kmow that 'SEF' border and passport control authorities dislike being put to a decision, yet that is where the heart of the answer lies. As does the answer to 'can I use my residence card alone, or must I present a passport as well' in these cases?
By Susan from Lisbon on 13 Jul 2023, 10:26
I am British with a post-Brexit Residencia card. I travel very frequently and, on re-ntry to Portugal, I always try to use the EU channel. I would say that 80% of the time, the border agent lets me through without a problem. Occasionally I get turned away but it always worth trying, especially when there are long non-EU queues. By the way, I have only been able to use the e-gates once in the past six months as they are generally all RED each time!
By Robert Lambert from Algarve on 13 Jul 2023, 10:42
Somebody needs to educate the SEF officers who work at Faro airport. Every time I enter or leave Portugal via Faro, despite handing over my residence card they always stamp my passport in direct contravention of EU Regulation 2016/399 (even ignoring the copy of the regulation that refers to not stamping passports which I provide to them in Portuguese).
This is in contrast to the SEF officers at Lisbon who never stamp my passport.
By Mark Barber from Algarve on 13 Jul 2023, 11:18
I travelled back to the UK last year and was told at SEF passport control to use the EU lane as I'm a resident. I've done this countless times since and never had a problem. If it arises I'll revert to the third country lane.
Brexit the gift that keeps giving!
By Simon Hickman from Porto on 13 Jul 2023, 12:37
Portugal is the first country I have lived in where I have been given residency that discriminates against residents. In HK, NZ, and other countries, residents are residents and are treated with a lot more respect than in Portugal. It's shocking to see how residents are not deemed residents here in the eyes of SEF if they have a non EU passport. Very bizarre!
By Min from Lisbon on 13 Jul 2023, 13:41
Wow, another instance of UK entitlement. You are out and we hope you never come back! Dirty Brits must be kept out of EU lanes, as is the law in this country.
By Geert from Lisbon on 13 Jul 2023, 15:15
Twice this year a seriously aggressive woman in Faro has stopped my husband (Irish passport) and me (holder of residência) as we have approached the EU booths, saying ‘British, British’ and pointing to the non-EU queue. Meanwhile on another occasion when I asked a young female SEF employee at the booth whether, if I was travelling alone I could enter through the EU lane as a resident, she said no. So far the occasion hasn’t arisen but the sight of that queue over to the right isn’t appealing.
By Alison Cochrane from Algarve on 13 Jul 2023, 15:18
Surely, pre brexit residence was done under the withdrawal agreement and therefor pre brexit rights were retained so, brits should be able to use the eu lane. Passports do not need stamping, this would also help clear the passport channels quicker.
By Ian from Algarve on 13 Jul 2023, 16:54
Airports in the EU have made it very clear: follow the sign " EU passports "
- or the sign "All other passports"
By Annie from Algarve on 13 Jul 2023, 20:12
This is a none issue... Just follow the rules, portuguese residents in the uk dont have special previleges, why the british are allways so complicated?
By Humberto from Lisbon on 14 Jul 2023, 09:33
Whist the rules were clarified by the official in your interview, the "rules" and reality are some distance apart. As a resident of portugal with British passport I have been reprimanded by the SEF staff at the booths for joining the wrong queue and sent to the back of the other one on two different occasions in the past few months. Once at Lisboa for joining the "other" queue when I should be in the EU queue and once at Faro for then joining the EU queue when I should be in the "other" one. Your comment that the rules may not have been clearly and forcibly passed down to the passport booth officers is the real issue here. The reality of this is that it very much depends on which airport, which individual officer and whether they are having a good or bad day. I just need to know the rules that are actually being applied. Queueing at one booth for 20 mins and then being reprimanded and sent to the back of the other one for another 30 min plus wait does nothing for stress levels especially when the officers concerned seem to find it amusing.
By David Greenslade from Algarve on 14 Jul 2023, 12:33
I happen to be a British passport holder with full residency in Portugal. The fact I am British is irrelevant. ANY resident of Portugal who does not hold an EU passport should be allowed some sort of priority in gaining access to the country where they live. This is NOT an EU issue. I recently wrote to the EU Commissioner on this subject. The response was clear. It is within the “host” countries gift to have a “no visa required” lane for residents. This is similar to the UAE that also has a very high number of residents….they have taken a pragmatic approach by including UAE residents with UAE/GULF citizens. A fair reflection on how they value their residents!
Remember, next year, visas and collection of biometric data starts - imagine the queues then at the “other” passport lanes.
By Chris from Algarve on 04 Aug 2023, 10:32
I happen to be a British passport holder with full residency in Portugal. The fact I am British is irrelevant. ANY resident of Portugal who does not hold an EU passport should be allowed some sort of priority in gaining access to the country where they live. This is NOT an EU issue. I recently wrote to the EU Commissioner on this subject. The response was clear. It is within the “host” countries gift to have a “no visa required” lane for residents. This is similar to the UAE that also has a very high number of residents….they have taken a pragmatic approach by including UAE residents with UAE/GULF citizens. A fair reflection on how they value their residents!
Remember, next year, visas and collection of biometric data starts - imagine the queues then at the “other” passport lanes.
By Chris from Algarve on 05 Aug 2023, 11:21