Family Reunification Update: What Changed
Introduction
Family reunification remains one of the most important immigration pathways in Portugal. However, the amendments introduced to the Portuguese Immigration Law (Law 23/2007, of July 4) have significantly changed the legal framework governing family reunification.
For individuals planning to relocate to Portugal with their families, understanding these changes has become increasingly important.
New Waiting Period for Certain Family Members
One of the most significant changes introduced by the recent amendments is the implementation of a waiting period before certain family reunification applications can be submitted.
As a general rule, residence permit holders must complete two years of legal residence in Portugal before becoming entitled to apply for family reunification for:
▪ Parents and parents-in-law;
▪ Minor siblings under the resident's legal guardianship;
▪ Adult children;
▪ Spouses or equivalent partners, except where they are, together with the residence permit holder, the parent or adoptive parent of a dependent minor or incapacitated person.
A specific exception also applies to spouses or equivalent partners who have cohabited with the main applicant for at least eighteen months immediately prior to the applicant's entry into Portugal. In such cases, the required period is reduced to fifteen months.
Exemptions to the Waiting Period
Certain categories of residence permit holders continue to benefit from a more favourable framework when applying for family reunification. This includes:
▪ Holders of a residence permit for Highly Qualified Activity (HQA);
▪ Golden Visa investors;
▪ EU Blue Card holders.
These applicants may request family reunification without being subject to the waiting periods described above.
Accommodation and Financial Requirements
The recent amendments reinforce the importance of demonstrating adequate accommodation and sufficient financial means when applying for family reunification.
Applicants must provide evidence of accommodation that is suitable for the size of their family and complies with the applicable health and safety standards.
In addition, applicants must demonstrate that they possess sufficient financial resources to support all family members included in the application without relying on public assistance.
These requirements are now expressly established within the family reunification framework and should be carefully considered when preparing an application.
Integration Measures
Another important development is the introduction of integration-related obligations following the granting of residence permits.
Family members may be required to demonstrate:
• Attendance of Portuguese language courses;
• Participation in programmes concerning Portuguese constitutional principles and values;
• Compliance with compulsory education requirements for minors.
Compliance with these measures may become relevant when residence permits are renewed.
Longer Processing Times
The legal deadline for a decision on family reunification applications has increased substantially.
Previously, the authorities were expected to issue a decision within ninety working days. Under the current framework, the deadline has been extended to nine months, with the possibility of further extensions in particularly complex cases.
Applicants should therefore anticipate longer processing times when planning a family reunification application.
Final Remarks
The recent reforms have not removed the right to family reunification, but they have introduced new requirements and timelines that applicants should take into account when planning their relocation to Portugal.
Understanding the applicable rules from the outset and preparing the necessary documentation in advance can help make the process more efficient and predictable for all family members involved.
As each family's circumstances are unique, seeking tailored legal advice remains an important step in ensuring compliance with the current Portuguese immigration framework.
This Informative Note is intended for general distribution to clients and the information contained herein is provided as a general and abstract overview. The contents of this Informative Note may not be reproduced, in whole or in part, without the express consent of the author. If you should require further information on this topic, please contact us at info@reispintolaw.com.
