Regularization of Family Members of European Union Citizens in Portugal: The Residence Card Process for Family Members of EU Nationals
- Marcella Leandro Castellar Pinheiro
- Nov 12, 2024
- 3 min read
The regularization of the stay of family members of European Union (EU) citizens who are not nationals of the EU is an important topic in Portuguese legislation. Article 15 of Law No. 37/2006, which regulates the issuance of the residence card for family members of EU citizens, provides a clear process to ensure that family members can reside legally in the country. This article aims to clarify the procedures and requirements for the regularization of the residence of family members of EU citizens.
What Does Article 15 of Law No. 37/2006 Say?
Article 15 of Law No. 37/2006 addresses the right to residence for family members of European Union citizens who are nationals of non-EU countries and wish to live in Portugal. According to this article, family members of EU citizens who wish to stay in Portugal for more than three months must apply for a residence card. This document formalizes the right to reside and regularizes the family member's stay in the national territory.
Requirements and Process for Applying for the Residence Card
The process to apply for the residence card is well-defined but requires compliance with certain legal requirements. The application must be submitted within 30 days after the initial three-month period of stay in Portugal. To do so, the family member of an EU citizen must go to the Agency for Immigration and Asylum (AIMA) in their area of residence and schedule an appointment to formalize the application.
Necessary Documentation
The following documentation must be provided to apply for the residence card:
Valid passport of the family member applying for residence.
Proof of family relationship with the EU citizen (spouse, children, dependent relatives, etc.).
Registration certificate of the EU citizen, proving that the EU citizen is legally residing in the country.
If applicable, proof of dependency or serious health conditions, if the family member depends on the EU citizen for care or requires special medical attention.
Additional documents may be required depending on the applicant's circumstances, such as financial dependency or specific health needs.
Issuance and Validity of the Residence Card
After submitting all necessary documentation, the residence card will be issued by AIMA within a maximum period of three months from the application. This card will be valid for five years, unless the EU citizen's residence period is less than five years, in which case the card's validity will be adjusted to match the EU citizen's residence period.
Residence Rights and Permitted Absences
The right to residence of family members is not affected by temporary absences from Portugal, as long as these do not exceed six consecutive months per year. Longer absences, such as those due to military obligations, health issues, study, professional training, or job assignments, do not affect the right to residence.
Conclusion
The process of regularizing the residence of family members of EU citizens in Portugal, as established in Article 15 of Law No. 37/2006, is essential to guarantee the legality of the stay of these family members in the country. To obtain the residence card, family members must meet the legal requirements, submit the necessary documentation, and follow the correct procedure with AIMA. The residence card ensures that the family member's stay will be legalized and that they will enjoy the same residence rights as the EU citizen.
Understanding and following the guidelines of the regularization process is crucial to avoid legal complications during the stay in Portugal. Therefore, it is highly recommended that family members of EU citizens seek guidance and legal assistance to ensure that all steps are correctly followed.
The information provided is of a general nature and does not substitute legal advice. Please consult a lawyer and adopt a preventive approach in legal matters.
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