17 Apr Residence Card for Family Members of EU citizens

The law No. 37/2006, of August 9th, establishes the right of free movement and residence of European Union citizens and their family members within national territory, transposing into Portuguese law Directive 2004/38/EC of the European Parliament and of the Council. This legislation represents a key element in consolidating the rights of EU citizens and protecting their families, ensuring their integration and mobility within the Union.

In this context, Article 15 of the aforementioned law is of particular importance as it establishes the rules for issuing the Residence Card for family members of European Union citizens who do not hold the nationality of a Member State, thereby guaranteeing their legal and stable stay in Portugal.

This article, in parallel with others, regulates one of channels to issuing the well-known Residence Card – an essential document for ensuring legal stability, access to rights, and effective integration of family members in Portugal. Such card can be issued to family members who are not nationals of a Member State and who reside with the Union citizen in national territory for more than three months. This document is valid for five years, except in cases of temporary stay, where a shorter validity period may apply.

Article 15 is clearly setup to facilitate family reunification and avoid disproportionate administrative or legal barriers to joint residence in Portugal. It is a direct reflection of the fundamental principles of free movement of people and the right to family life, protected both in European Union law and in the Constitution of the Portuguese Republic (CRP).

In a country such as Portugal, which has seen significant growth in its immigrant community, the correct application of Article 15 helps prevent situations of undocumented status, which can negatively affect access to the labor market, healthcare, education, and even international mobility. To address this, recent legislative changes have been introduced to streamline the management of these processes and respond to the growing demand for reunification.

Nevertheless, and despite the clear legal provisions, many applicants face significant administrative delays, especially following the compounded impact of the pandemic and the transfer of responsibilities from SEF to AIMA. These delays, when not addressed, endanger the exercise of fundamental rights, which has been resulting in the pursuit of administrative and judicial litigation.

If you want to learn more about the Residence Card for family members of EU citizens, click here to schedule a meeting with one of our professionals.