What is the family reunification

Family reunification is a mobility program which is available to family members of non-EU individuals who have a residence permit in Portugal.

Who can apply for family reunification

According to nº 1 of article 98 of Law nº 23/2007, of 04 June, you are entitled to family reunification:

1 – A citizen with a valid residence permit has the right to family reunification with family members who are outside the national territory, who have lived with him/her in another country, depend on him/her or cohabit with him/her, regardless of whether the family ties are prior or subsequent to the resident’s entry.

This means that all family members who have legally entered national territory and who depend on or cohabit with the holder of a valid residence permit may themselves obtain their own residence card, as long as it is proven that they have no criminal record, have a home and have means of subsistence.

Article 99(1) of the Foreigns Portuguese Law indicates which family members are entitled to family reunification.

1 – For the purposes of the provisions of the previous article, the following are considered members of the resident’s family:

a) The spouse;

b) Children who are minors or incapacitated and are dependants of the couple or one of the spouses;

c) Minors adopted by the applicant when not married, by the applicant or by the spouse, pursuant to a decision of the competent authority of the country of origin, provided that the law of that country recognizes the adopted children’s rights and duties identical to those of natural parentage and that the decision is recognized by Portugal;

d) adult children who are dependants of the couple or one of the spouses, who are single and are studying in an educational establishment in Portugal;

e) adult dependent children of the couple or one of the spouses, who are unmarried and in education, where the holder of the right to reunification has a residence permit granted under Article 90a;

f) Ascendants in the direct line and in the first degree of the resident or his/her spouse, provided that they are dependent on him/her;

g) Minor siblings, provided that they are under the resident’s guardianship, in accordance with a decision issued by the competent authority of the country of origin and provided that such decision is recognised by Portugal.

In article 100 it also indicates the situations related to de facto union:

1 – Family reunification may be authorised with:

a) The partner who maintains, in national territory or outside it, with the foreign citizen, a de facto union, duly proved under the terms of the law;

b) Unmarried minor or incapacitated children, including adopted children of the de facto partner, as long as they are legally entrusted to him/her.

What’s the process

 

The application for family reunification involves the following steps:

  1. Submission: The resident in Portugal must submit the application on behalf of their family members. This can be done at any AIMA (Agency for Integration, Migration, and Asylum) office. The application should include:
    • Valid residence permit of the resident.
    • Authenticated copies of the family member’s passport.
    • Authenticated documents proving family ties (e.g., marriage or birth certificates).
    • Proof of adequate accommodation.
    • Proof of sufficient income to support the family.
    • Criminal record certificates from the country of origin or residence for over a year.
  2. Processing: Upon approval, family members residing abroad must apply for a residence visa at the Portuguese consulate in their country within 90 days.
  3. Residence Permit: After entering Portugal, family members should schedule an appointment with AIMA to obtain their residence permit.

Important Considerations

The granting of a residence permit requires:

  • No facts that, if known by the authorities, would prevent the issuance of the visa.
  • No conviction for a crime that in Portugal is punishable by imprisonment exceeding one year.
  • The applicant is not under a period of entry ban into national territory following a removal order.
  • No indication in the Schengen Information System for refusal of entry and stay.

In exceptional cases, such as legal separation, divorce, widowhood, death of an ascendant or descendant, indictment by the Public Prosecutor for domestic violence, or upon reaching adulthood, an autonomous residence permit valid for two years, renewable for three-year periods, may be granted before the usual period elapses.

Application Portal

Applications for family reunification can be initiated through the official AIMA portal. For more information and to start the application process, visit the AIMA Services Portal.

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