Residence Rights for Family Members of EU Citizens in Portugal
Overview
Family members of EU citizens benefit from specific residence rights in Portugal under Law no. 37/2006, which transposes the EU Free Movement Directive (Directive 2004/38/EC). These rights apply whether the EU citizen is already living in Portugal or intends to join a family member here. Family members may be EU/EFTA nationals or non-EU nationals, with slightly different procedures depending on nationality.
Who Qualifies as a “Family Member”?
Under Portuguese and EU law, the following are considered family members:
• Spouse of the EU citizen
• Partner in a civil union (união de facto), provided the relationship is stable and lasting (typically 2 years of cohabitation)
• Children of the EU citizen or spouse/partner
• Dependent relatives in the ascending line (parents) or other dependents
• Other relatives in specific circumstances (dependency or serious health conditions)
Residence for Up to 3 Months
• EU citizens may stay in Portugal for up to 3 months with no formalities beyond holding a valid ID or passport.
• Non-EU family members accompanying or joining the EU citizen may also stay up to 3 months with a valid passport.
Residence for More Than 3 Months
After 3 months, formal registration is required.
If the family member is also an EU citizen, they must obtain a Registration Certificate (CRUE) from the local municipality.
If the family member is a non-EU national, they must apply for a Residence Card for Family Member of an EU Citizen (Cartão de Residência de Familiar de Cidadão da União) under Article 15 of Law 37/2006.
Key points:
• Application must be submitted within 30 days after the initial 3-month period
• Application is filed with AIMA (Agência para a Integração, Migrações e Asilo)
• The EU citizen must first hold a CRUE certificate (unless the EU citizen is Portuguese)
Required Documentation (Non-EU Family Members)
According to Article 15 procedures, applicants must provide:
• Valid passport
• Proof of family relationship (marriage certificate, birth certificate, civil union proof, etc.)
• CRUE certificate of the EU citizen (if applicable)
• Proof of dependency or health conditions, when relevant
• Additional documents depending on circumstances (e.g., financial dependency)
Issuance and Validity of the Residence Card
• AIMA must issue the residence card within 3 months of application
• The card is valid for 5 years, or for the duration of the EU citizen’s residence if shorter
Permanent Residence
After 5 years of continuous legal residence, both EU citizens and their family members may obtain permanent residence in Portugal.
Loss of Rights
Permanent residence may be lost after absence from Portugal for more than 2 consecutive years, or in cases of fraud or public-order concerns.
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