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INC
INC, Solicitor-Advocate
Category: European Law
Satisfied Customers: 95
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I am a US retiree living in Portugal with wife and son for

Customer Question

I am a US retiree living in Portugal with wife and son for the past three years and we want to reside in France. We have residency in Portugal until Oct. 2015. Can we live in France and apply for residency there in October from France or should we first get a residency renewal from Portugal?
Submitted: 1 year ago.
Category: European Law
Expert:  Thegonnec replied 1 year ago.
Hello,You can apply for residency in France only from a country where you are a legal resident. This means you need do so before your Portugal residence expires in October, or you will have to move back to the USA to do so. You cannot apply for residency from France, if you enter France on a tourist visa. You should apply for residency in France rather quickly as the process usually takes 3+ months.
Customer: replied 1 year ago.
Wouldn´t we be entering France as Portuguese residents rather than on a tourist visa if we did so before October?
Customer: replied 1 year ago.
In other words, can we apply for French residency in France as legal Portuguese residents?
Expert:  Thegonnec replied 1 year ago.
It's the same. You would be Portuguese residents, but not Portuguese, i.e. EU citizens. Only EU citizens can avoid apply for residency from abroad. As Portuguese legal residents, you need apply, AND OBTAIN, a long stay visa for France, BEFORE, you leave Portugal. Otherwise you would risk deportation to the US.
Customer: replied 1 year ago.
Alternatively, can we as Americans live in France with Portuguese long-term residency?
Expert:  Thegonnec replied 1 year ago.
No. Short-term are valid throughout the 28 countries adhering to the Schengen Treaty. Your Portuguese residency status is of no use whatsoever in France, or any other EU country for that matter (except that you can apply from Portugal instead of having to go back to the US to file an application at a French Consulate General there).

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