Family reunification in Portugal: requirements, timelines and practical impact
- May 7
- 9 min read
Author: Lidiane de Carvalho
Family reunification is a foundational right within European migration policy, as it enables certain holders of residence permits to be joined by their close family members.
It is an area of shared competence between the European Union and the Member States: there is a European regulatory framework that lays down minimum standards which each Member State must observe when defining and applying its national legislation on family reunification.
For those who are still in their country of origin, the law also allows the residence visa to be used for family accompaniment, enabling the principal applicant and their qualifying family members to apply for residence visas simultaneously. At this visa stage, the requirement of having held a residence permit for 2 years does not yet apply; that requirement is mainly relevant for people who already reside in Portugal and wish to bring their family at a later stage.
The legal framework governing family reunification has undergone relevant changes following the latest amendment to the Portuguese Immigration Law, within the broader context of a more restrictive immigration policy, as we explored in A new era for immigration in Portugal (and beyond)
Who can apply and who can be reunited
In general terms, the following may apply for family reunification once already in Portugal:
Holders of temporary or permanent residence permits in Portugal who:
Have, as a rule, held a valid residence permit for at least 2 years; and
Have a reasonable expectation of remaining in Portugal for a further period.
Holders of qualified residence permit categories (for example, highly qualified activity, research, teaching, certain specific regimes), under the conditions laid down by law.
The law allows exceptions and flexibility regarding the 2-year residence permit requirement, in particular:
Situations involving minors or adult dependent children lacking legal capacity who are dependent on the residence permit holder.
Where the spouse or de facto partner of the person residing in Portugal is a joint parent of minor children with that resident.
Certain family members of holders of residence permits granted under specific regimes (for example, some permits for highly qualified activity or under international instruments).
Waiver or reduction of the 2-year period by a reasoned decision of the competent member of Government, in exceptional circumstances. This is a discretionary power of the Administration, not an automatic right of the applicant.
Family members eligible for reunification (general rule)
The law sets out an exhaustive list of who may be considered a “family member” for family reunification purposes. As a rule, the following can be reunited:
The spouse of the residence permit holder.
The de civil partner, provided that the partnership is proven and recognized under Portuguese law (see the section on Civil Partnerships).
Minor or adult children lacking legal capacity:
Minor children or adult children lacking legal capacity who are dependent on the applicant or on the spouse/de civil partner, including adopted children.
Minor adopted children provided the adoption is recognized under Portuguese law.
Adult unmarried children, dependent and in education:
Adult unmarried children who are dependent on the couple or on one of the spouses/partners, provided they are enrolled in an educational institution in Portugal.
Ascendants (parents) in the first degree in the direct line of the residence permit holder or of the spouse/de civil partner, where they are effectively dependent and do not have their own means of subsistence in the country of origin.
Minor siblings, where they are under the guardianship of the applicant pursuant to a decision of the competent authority in the country of origin, recognized in Portugal.
For holders of residence permits issued for study, professional traineeship or voluntary work, the scope of family reunification is narrower: as a rule, the law allows the spouse or de civil partner and minor or adult dependent children lacking legal capacity (including adopted children) who are dependent.
Civil Partnerships
A Civil Partnership is recognized for family reunification purposes where:
There is evidence of a stable and enduring relationship, comparable to a marital relationship; and
Adequate supporting evidence is submitted.
The de civil partner, as well as his or her minor or adult-depending children lacking legal capacity, may fall within the scope of family reunification, provided all other legal requirements are met.
Note: The list of family members entitled to reunification is closed. As a general rule, there is no broad clause allowing “other relatives” to qualify solely on the basis of economic dependence, except for the specific situations expressly provided for in the law.
General requirements and documentation
Requirements for the applicant (holder of the residence permit)
In addition to holding a valid residence permit (and, as a rule, for at least 2 years), the applicant must demonstrate:
Sufficient means of subsistence for themselves and for each family member to be reunited, based on stable and regular income.
Adequate accommodation for the entire household.
Regular tax and social security status, where applicable.
Health insurance, where required, or the ability to register with the National Health Service (SNS) after entry and grant of the residence permit.
As regards means of subsistence, the regulations require that resources be stable and regular, and that they be secured, as a rule, for a minimum period of 12 months, taking into account the total number of household members.
Procedure and timelines
Preparation of documentation for the applicant and family members, including verification of requirements concerning income, accommodation and criminal records.
Submission of the application, distinguishing two moments:
At the residence visa application stage (family accompaniment)When the applicant is still outside Portugal, the law allows the residence visa to also serve the purpose of family accompaniment, and the principal applicant and qualifying family members may submit their residence visa applications simultaneously at the consulate.The possibility of submitting simultaneous applications always depends on the practice of the specific consulate and on demonstrating that all applicable requirements are met; it is not an absolute right compelling the consulate to approve in every situation.At this stage:
The concept of “family members” under the Portuguese Foreign Nationals Law applies (spouse, minor children, etc.);
The applicant is not yet required to have held a residence permit for 2 years – the objective is to enter Portugal already accompanied by the family.
At the family reunification stage (applicant already holds a residence permit in Portugal)
If the family member is outside Portugal, the family reunification application is submitted by the residence permit holder to AIMA, I. P. in Portugal. Once approved, the decision is communicated to the consulate for the issuance of the residence visa.
If the family member is already in Portugal, it is only possible to apply for a residence permit on family reunification grounds in specific situations laid down by law (for example, certain dependent minors, a spouse/partner who is a co-parent of minor children residing in Portugal, family members of holders of certain categories of residence permits). In many other cases, the typical route remains applying for a residence visa at the consulate of the country of origin or of lawful residence.
Examination of the application by AIMA, including checks in relevant databases and possible security or migration risk assessments, as well as any other relevant impediments.
Decision by AIMA:
If the application for family members abroad is approved, AIMA notifies the Ministry of Foreign Affairs so that the competent consulate can issue the residence visa.
The consulate issues the residence visa for family reunification or family accompaniment within a relatively short period after the application, except in special circumstances (for example, where further clarification is required).
Entry into Portugal and issuance of the residence permit:
With the visa, the family member enters Portugal and the necessary steps with AIMA are scheduled (biometrics and submission of any updated documentation).
After the process is completed, the residence permit is issued, either based on family reunification or on the visa for family accompaniment.
Practical timelines
Consulates: processing times vary significantly depending on the consulate, its workload and possible requests for additional information. A well-prepared file tends to reduce delays.
AIMA, I. P., in Portugal: timeframes for analysis, appointment scheduling and issuance of residence permits depend on the availability of appointments and on how complete the applications are.
Planning tip:
If the goal is to move to Portugal from the outset with the family, it is worth assessing whether it is possible to apply for residence visas simultaneously (family accompaniment) at the consular stage, whenever the applicant’s and the family members’ profiles meet the legal requirements.
If the applicant moves alone and only later wishes to bring the family, the in-country family reunification regime applies, which normally requires that a residence permit already exists and, as a rule, that 2 years have elapsed, subject to the exceptions and waivers provided for by law.
Rights and conditions of reunited family members
Family members who are reunited (or who enter with a visa for family accompaniment) under the PortugueseForeign Nationals Law:
Obtain their own residence permit, issued on the basis of family reunification or family accompaniment.
Enjoy the right to reside in Portugal, as long as the conditions that justified reunification/accompaniment remain in place.
Have access to:
Education and training;
The National Health Service (SNS) and other essential services;
The exercise of professional activity, as employees or self-employed, except for exceptional restrictions laid down by law or associated with specific residence permit categories.
As a rule, the duration of the family member’s residence permit is aligned with the duration of the sponsor’s residence permit. After a certain period of residence (typically 2 years), and subject to specific conditions, the reunited family member may obtain an autonomous residence permit, no longer depending directly on the sponsor’s status, particularly in cases of:
Dissolution of marriage or termination of the Civil Partnership ;
Widow(er) or orphan status;
Children who reach adulthood and consolidate their own integration in Portugal.
The loss of the sponsor’s residence permit may affect the residence permits of reunited family members, unless they have already obtained an autonomous residence permit or meet independent conditions for maintaining or renewing their status.
Special situations and practical notes
Custody of minors:
Court decisions on custody or guardianship;
Express consents from the other parent (where required);
Evidence that the minor is effectively dependent on the applicantare crucial for a successful application.
Adult children in education:
Must prove enrolment and effective attendance at an educational institution in Portugal;
Economic dependence must be demonstrated (money transfers, regular financial support, absence of sufficient own income).
Ascendants (parents):
These cases are generally more demanding;
Evidence of economic dependence, absence of own means of support and strong ties to the applicant must be particularly robust.
Refugees and international protection:
Specific rules apply, with greater flexibility regarding proof of family ties and documents, taking into account the typical difficulties in obtaining certificates and records in conflict-affected countries.
CPLP and mobility agreements:
Some residence permits under CPLP and mobility agreements can simplify entry and stay in Portugal;
However, family reunification remains governed by the general rules of the Portuguese Aliens Act, especially as regards means of subsistence, accommodation and eligible categories of family members.
Interaction with other channels (VPTQ, Via Verde, D1/D2/D3, StartUP Visa)
Several programmes and “entry routes” to Portugal (for example, work or entrepreneurship visas) can be the first step towards later family reunification. It is, however, crucial to distinguish between:
The entry visa (VPTQ, D1, D2, D3, StartUP Visa, Via Verde, among others), which allows entry into Portugal and the subsequent application for a residence permit; and
The residence permit (AR) itself, which is the relevant title for family reunification in Portugal.
Some guiding points:
VPTQ (Qualified Job Seeker Visa):
Does not in itself confer a right to family reunification in Portugal;
Family reunification only becomes possible after the residence permit is granted, under the general rules of the Aliens Act (including, as a rule, the 2-year temporal requirement, subject to exceptions/waivers).
Via Verde, D1, D3, Tech Visa:
These channels typically apply to employees and highly qualified professionals;
In many cases, it is possible to assess family accompaniment visa applications in parallel with the principal residence visa application;
Once the residence permit is granted, the holder may also prepare an in-country family reunification application, provided the requirements on means of subsistence, accommodation and eligible family members are met.
D2 and StartUP Visa (entrepreneurs, founders and self-employed):
Here too, in-country family reunification in Portugal only becomes possible after the residence permit is granted;
Given the nature of income (which is sometimes variable), it is often necessary to provide particularly strong evidence of stable and regular means of subsistence and suitable accommodation for the entire household;
In some cases, it may be possible to consider simultaneous family accompaniment visa applications, provided that income and accommodation requirements are sufficiently demonstrated.
In all cases, family reunification (in Portugal) and family accompaniment (at visa stage) are assessed under the general regime of the Portuguese Foreign Nationals Law, and there are, as a rule, no “special family reunification rights” solely by virtue of the visa category used to enter the country.
This information is of a general nature and does not replace a tailored legal analysis of each specific case.
Other related publications that may be of interest:
By Lidiane de Carvalho
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