FAMILY REUNIFICATION

REAGRUPAMENTO FAMILIAR

🔗 KEY LINKS

https://eportugal.gov.pt/en-GB/servicos/pedir-um-visto-de-residencia-para-reagrupamento-familiar

COMMON-LAW UNION

Family reunification can be authorized with:

  • The partner who maintains, in the national territory or abroad, a common-law union with the resident foreign citizen, proven according to the law;

  • Unmarried or incapacitated children, including adopted children of the common-law partner, provided that they are legally entrusted to them.

WHO HAS THE RIGHT?

According to Article 99 and 100 of the Foreigners Law

The spouse;

Minor or incapacitated children under the care of the couple or one of the spouses;

Adopted minors by the applicant.

  • when not married, by the applicant or the spouse, by the effect of a decision from the competent authority of the country of origin, provided that the law of that country recognizes adopted individuals' rights and duties identical to those of natural filiation and that the decision is recognized by Portugal;

Adult children, under the care of the couple or one of the spouses, who are unmarried and studying at an educational institution in Portugal;

Adult children, under the care of the couple or one of the spouses, who are unmarried and studying, provided that the right holder of family reunification has a residence permit granted under Article 90-A;

Direct ascendants in the first degree of the resident or their spouse, provided they are dependent on them;

Minor siblings, under the guardianship of the resident, in accordance with a decision issued by the competent authority of the country of origin and recognized by Portugal.

Also considered family members for the purpose of family reunification of the unaccompanied minor refugee:

  • Direct first-degree ascendants;

  • Legal guardian or any other relative if the refugee has no direct ascendants or if they cannot be located.

Considered family members for the purpose of family reunification of the residence permit holder for study, unpaid professional internship, or volunteering:

  • The spouse;

  • Minor or incapacitated children under the care of the couple or one of the spouses;

  • Adopted minors by the applicant, when not married, by the applicant or the spouse.

STEP BY STEP GUIDE

The application for the granting of a residence permit is made by appointment, submitted in person by the family member to be reunited or by the holder of the right to family reunification with a specific form signed by the applicant or their legal representative.

It can be submitted at any AIMA store, which may forward it, after processing and decision, to the residence services of the applicant's area.

Important note: the family member must always go to an AIMA store for biometric data collection during the application.

DOCUMENTS REQUIRED 

Article 98 n.1 with Family outside National Territory:

  • Residence Permit of the individual residing in Portugal;

  • Authenticated copy of the passport of the family member to be reunited;

  • Properly authenticated evidence of the claimed family ties (type of documents required are indicated below; dependent on each situation)

  • Declaration, under solemn promise, of the residential address, stating the terms under which the applicant resides at the indicated residence (e.g., owner, tenant, subtenant, usufructuary, borrower, among others); and

  • In cases where the applicant resides at the location as an owner or usufructuary, they must provide a land registry certificate or provide the respective access code to prove ownership or usufruct right, or

  • In cases where the applicant resides at the location as a tenant or lessee, among others, a declaration from the landlord or hosting entity, mentioning the legal situation underlying the right to use the property;

  • Proof of means of subsistence;

  • Criminal record from the country of nationality of the family member to be reunited or criminal record from the country where they resided for more than one year before residing in Portugal, duly authenticated.

Article 98 n.2 with Family in National Territory

  • Residence Permit of the individual residing in national territory;

  • Valid passport or another valid travel document;

  • Proof of legal entry into Portugal;

  • Properly authenticated evidence of the claimed family ties (see specific documents);

  • Two identical passport-size color photos with a plain background, updated and in good identification conditions (if the appointment is made at AIMA stores in Odivelas or Aveiro);

  • Declaration of the residential address, stating the terms under which the applicant resides at the indicated residence (e.g., owner, tenant, subtenant, usufructuary, borrower, among others). The form can be found here.

    • In cases where the applicant resides at the location as an owner or occupant, they must provide a land registry certificate or provide the respective access code to prove ownership or usufruct right, or

    • In cases where the applicant resides at the location as a tenant or lessee, among others, a declaration from the landlord or hosting entity, mentioning the legal situation underlying the right to use the property;

  • Proof of means of subsistence (details can be found here)

  • Criminal record from the country of nationality of the family member to be reunited or criminal record from the country where they resided for more than one year before residing in Portugal, duly authenticated.

Properly authenticated evidence of the claimed family ties, dependent on the situation

    • Authenticated marriage certificate;

    • Medical report certifying the incapacity, or the judicial declaration of interdiction/disability;

    • Decision decreeing adoption, duly authenticated; or

    • Authenticated birth certificate, and in the case of adult children under care, a document proving economic dependence and enrollment in an educational institution in Portugal;

    • Written authorization from the non-resident parent authenticated by the Portuguese consular authority or a copy of the decision granting legal custody of the minor son or daughter or guardianship of the incapacitated to the resident or their spouse, see the declaration; or

    • Evidence of economic dependence and family relationship, including transfers made to the country of origin; or

    • Decision decreeing guardianship, accompanied by a certificate of the decision of the national authority that recognized it, duly authenticated; or

    • Presentation of documents proving the existence of a common-law union for more than 2 years

    FREQUENTLY ASKED QUESTIONS

    What if my documents are written in a foreign language?
    They must be accompanied by their respective translation, which can be done by one of the entities listed in the Notary Code such as:

      • Portuguese notary;

      • Portuguese Consulate in the country where the document was issued;

      • Consulate of that country in Portugal.

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