Recent Amendments to the Foreigners’ Law
The recent amendments to the Foreigners’ Law approved by the Portuguese Parliament introduce new rules for the exercise of the right to family reunification, with particular emphasis on the waiting period and mandatory requirements.
Waiting Period
A two-year waiting period is now required for the exercise of the right to family reunification when the family members are ascendants (parents and parents-in-law), minor siblings under the resident’s guardianship, or adult children.
Exceptions to this rule apply to holders of the following residence permits:
Residence permit for highly qualified activity
Residence permit for investment activity (Golden Visa)
EU Blue Card holders
These individuals will not be subject to the two-year waiting period for the reunification of the abovementioned family members.
Mandatory Requirements (Without Exception)
To exercise the right to family reunification, proof of the following is mandatory:
Adequate accommodation: owned or rented, considered standard for a comparable family in the same region, and compliant with safety and health standards.
Means of subsistence: sufficient to support all family members without resorting to social assistance.
Post-Grant Obligations
After the residence permit is granted, the applicant’s family members must demonstrate:
Integration measures: participation in Portuguese language training and training on Portuguese constitutional principles and values.
Compulsory education: for minors, attendance at mandatory schooling.
The renewal of the residence permit will depend on proof of compliance with these criteria and measures.
Duration of Residence Permit
The duration of the residence permit for family reunification will be 15 months for a spouse or equivalent partner who has cohabited with the holder for at least 18 months in the period immediately preceding the holder’s entry into Portuguese territory.
Decision Deadlines
The decision period for family reunification applications will be extended from 3 to 9 months, and may be further extended in exceptional circumstances, particularly when the analysis of the application proves to be especially complex.
Article 6 – Transitional Provision
During the 180 days following the entry into force of this law, the following transitional provisions shall apply:
Holders of residence permits for subordinate or independent work, who meet the requirements of paragraph 1 of Article 90, may request the conversion of their permit into one of the following: teaching activity, highly qualified activity, or cultural activity, under the terms of Article 90.
The holder of the right to family reunification may request residence for family members who are already in Portuguese territory, provided they have entered legally and meet the requirements of Article 98 of Law No. 23/2007 of July 4.
