Reuniting the Family in Portugal: Residence Card for a Family Member of an EU Citizen, Family Reunification, D6 Visa and Accompanying Family Visa

There is a question that comes to the office almost every week, always phrased in the same way: “how do I do family reunification to bring my husband / my wife / my children / my parents to Portugal?”

The question seems simple, but it contains a misconception. In Portugal, “family reunification” is not the generic name for all processes used to reunite a family — it is the technical name of one of those processes, provided for in Article 98 of Law No. 23/2007, of 4 July (the so-called Immigration Law). Alongside it, there are other paths, with different laws, different requirements, different timeframes and different consequences.

Choosing the wrong path costs time and, often, money: some people spend months gathering documents for a process they would never have needed to undertake, while others submit an application that is bound to be refused because they lack a requirement that the law applicable to their case does not even require.

This article explains, in accessible language, the four figures that are most often confused:

the residence card for a family member of a European Union citizen, under Article 15 of Law No. 37/2006, of 9 August;

family reunification, under Article 98 of Law No. 23/2007;

the residence visa for family reunification (known as the D6 visa), under Article 64 of the same law;

the residence visa for accompanying family members of a residence visa applicant, provided for in Article 58(5) of Law No. 23/2007.

The Question That Decides Everything: Who Is the Person Who Is Already (or Will Be) in Portugal?

Before thinking about documents, forms or appointments, there is only one question to answer — and it is this question that determines the applicable legal framework:

What is the status of the person who serves as the “anchor” for the family in Portugal?

If that person is a Portuguese citizen or a citizen of another Member State of the European Union (or of the European Economic Area or Switzerland), Law No. 37/2006 applies — the path of the residence card.

If that person is a national of a third country (Brazil, Angola, India, Nepal, Cape Verde, Ukraine, etc.) and already has a residence permit in Portugal, Law No. 23/2007 applies — the path of family reunification under Article 98, which may subsequently lead to the D6 visa.

If that person is a national of a third country and is still applying for the residence visa, meaning that they have not even moved yet, the natural path is the accompanying family visa, applied for at the same time at the consulate.

Note: the nationality of the family member who wants to come is almost irrelevant for this choice. What matters is the status of the person who is already here.

Before Proceeding: “Residence Card” and “Residence Permit” Are Not the Same Thing

Both documents are cards, both are issued by AIMA and both serve to prove that the person legally resides in Portugal. That is where the similarities end.

The residence permit (or authorization of residence) is the document under Law No. 23/2007. It embodies an authorization: the State assesses the requirements — means of subsistence, accommodation, absence of criminal records, lawful entry — and, if they are met, grants it. It is a constitutive act: the right to reside arises with the decision. The temporary residence permit is valid for two years from the date the permit is issued and is renewable for successive periods of three years. After five years, it may give rise to permanent residence authorization, which has no validity limit — although the physical card must be renewed every five years or whenever identification details change. After compliance with the applicable legal rules, it is also possible to apply for naturalization (Portuguese nationality).

The residence card is the document under Law No. 37/2006, the legislation that transposes Directive 2004/38/EC. It does not embody an authorization, but recognizes a right that already exists by virtue of European Union law: the right of a family member of a Union citizen (or, by legal extension, of a Portuguese citizen) to reside with them. It is a declaratory act, not a constitutive one — AIMA verifies the family relationship and the situation of the Union citizen. The card is valid for five years and, after five years of legal and continuous residence, gives rise to the permanent residence card. After compliance with the applicable legal rules, it is also possible to apply for naturalization (Portuguese nationality).

This distinction is not academic: it determines the applicable requirements, the grounds for refusal, the means of defence in the event of a refusal and — as will be seen immediately below — the rules on travelling and remaining outside Portugal.

How Long Can I Stay Outside Portugal Without Losing the Legal Validity of My Residence Document?

It is one of the most frequently asked questions and one of those that can have the most serious consequences when answered incorrectly. The rules differ depending on the document.

With a residence permit (Law No. 23/2007, Article 85): the residence authorization may be cancelled when the holder is absent from national territory, without acceptable reasons, for:

temporary residence — six consecutive months, or eight non-consecutive months, during the total period of validity of the authorization (important note: this is not per year; it applies to the validity period of the authorization);

permanent residence — 24 consecutive months, or 30 non-consecutive months within a three-year period.

The law provides for exceptions that should be invoked before departure: an absence for a longer period may be justified by means of an application submitted to AIMA before leaving national territory or, in exceptional cases, afterwards. And there is no cancellation when the resident proves that, during the absence, they carried out professional or business activities, or activities of a cultural or social nature.

With a residence card for a family member of an EU citizen (Law No. 37/2006, Articles 10 and 15): the regime is considerably more generous.

Temporary absences of up to six consecutive months per year do not affect the validity of the card or the continuity of residence;

Longer absences for the fulfilment of military obligations are also protected;

An absence of up to 12 consecutive months is permitted for justified reasons: pregnancy and childbirth, serious illness, studies or vocational training, or a professional posting to another Member State or third country;

Once the right of permanent residence has been acquired, it is only lost through an absence from national territory exceeding two consecutive years.

	Residence Permit (Law No. 23/2007)	Residence Card (Law No. 37/2006)
Permitted absence — temporary status	6 consecutive months or 8 non-consecutive months during the validity period	6 consecutive months per year; up to 12 consecutive months for a justified reason; military obligations
Permitted absence — permanent status	24 consecutive months or 30 non-consecutive months within 3 years	An absence of more than 2 consecutive years results in loss of the right
How to safeguard a long absence	Application for justification to AIMA, generally before departure; proof of professional, business, cultural or social activity	The absence must fall within one of the legally provided grounds

In either case, the practical advice is the same: plan the absence before taking it and keep documentary evidence of the reasons and dates (tickets, contracts, medical reports, proof of enrolment) and of the communications made to AIMA (registered letter/sent with acknowledgement of receipt or use of other official means made available for this purpose by the authority itself). Reconstructing this evidence years later, in a renewal or cancellation process, is much more difficult.

Path 1 — Residence Card for a Family Member of an EU Citizen (Article 15 of Law No. 37/2006)

What It Is

Law No. 37/2006 transposes Directive 2004/38/EC, the European legislation on freedom of movement, into Portuguese law. The logic is radically different from the Immigration Law: here, this is not a favour granted by the State to the immigrant, but a right derived from European Union law. The family member does not “apply for authorization to reside” — they apply for the document that proves a right of residence that they already have.

This difference in philosophy explains almost all the practical advantages of this path.

Who It Applies To (Including Family Members of Portuguese Citizens)

The law applies to Union citizens who move to or reside in Portugal and to their family members. But there is a provision that many people are unaware of and that is decisive: Article 3(5) extends the applicable rules to family members of Portuguese nationals, regardless of the nationality of these family members.

In other words: the Brazilian spouse of a Portuguese citizen, the Angolan child of a Portuguese citizen or the dependent father of a Portuguese citizen do not have to go through family reunification under the Immigration Law. They follow the European regime, which is simpler and faster.

For this purpose, the following are considered family members, in particular:

the spouse;

the partner with whom the citizen lives in a de facto union, under the terms of the law;

direct descendants under the age of 21 or who are dependent (including those of the spouse or partner);

direct ascendants who are dependent (including those of the spouse or partner).

How to Apply, and Within What Timeframe

Article 15 is clear regarding the procedure:

Who applies: the family member who is a national of a third country whose stay in Portugal extends beyond the period allowed for tourism;

Where: with AIMA, I.P. (Agency for Integration, Migration and Asylum), which succeeded the former SEF;

Immediate proof: at the time the application is submitted, a certificate proving the application is issued — an important document, because it certifies that the process is pending;

Documents: valid passport; document proving the family relationship (marriage certificate, birth certificate, proof of de facto union); the registration certificate of the Union citizen with whom the applicant intends to reside or Citizen Card; and, where applicable, proof of dependency;

Issuance timeframe: the law establishes a maximum period of three months from the submission of the application;

Validity: five years from issuance, or the expected period of residence of the Union citizen, if shorter;

Absences: temporary absences that do not exceed six consecutive months per year do not affect the validity of the card; longer absences for the fulfilment of military obligations are also protected, as well as one absence of up to 12 consecutive months for important reasons (pregnancy and childbirth, serious illness, studies, vocational training or professional posting).

After five years of legal and continuous residence, the possibility of obtaining a permanent residence card becomes available and, after compliance with the legal rules, so does naturalization (Portuguese nationality).

What This Path Does Not Require

This is where the difference becomes evident. Under the regime of Law No. 37/2006, there is no:

minimum period of two years of prior residence of the “anchor” family member;

proof of means of subsistence according to the thresholds of the Immigration Law (what is required is that the Union citizen meets the conditions of Article 7 — working, having sufficient resources and health insurance, or being a student);

integration measures imposed as a condition of the right.

On the other hand, the right is derived: if the relationship with the Union citizen ends or if the Union citizen ceases to meet the residence conditions, the family member’s situation may be affected — the law does, indeed, provide rules for retaining the right of residence in the event of divorce, death or departure of the Union citizen, but these rules have their own requirements that must be analyzed on a case-by-case basis.

Path 2 — Family Reunification under Article 98 of Law No. 23/2007

This is the general regime for those who do not have a Portuguese or Union citizen in the family. It was profoundly amended by Law No. 61/2025, of 22 October, which entered into force on the day following its publication and introduced the most restrictive rules of the last two decades in this area.

Who Is Entitled: The Two-Year Rule

In its current wording, Article 98 establishes that the holder of a valid residence permit for at least two years is entitled to family reunification with family members who have cohabited with them or who depend on them, regardless of whether the family ties predate or postdate entry into national territory.

This is the central point of the 2025 reform: previously, the right arose with the residence permit; now, as a rule, two years of legal residence are required.

There are, however, exceptions and mitigations that are important to know, because they are what resolve most specific cases:

15 months instead of two years — the period is reduced to 15 months for the 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 national territory;

Without any waiting period, when the following are involved:

dependent minors or incapacitated persons;

the spouse or equivalent partner who is, together with the holder, the parent or adoptive parent of a dependent minor or incapacitated person;

family members of holders of residence permits granted under Articles 90, 90-A or 121-A;

Waiver or reduction of the period in exceptional cases, duly substantiated, by order of the member of the Government responsible for migration, taking into account the nature and strength of the family ties and the effectiveness of integration in Portugal, in light of the principles of human dignity and proportionality;

Refugees recognized under asylum law retain the right to family reunification without these time restrictions.

Who Can Be Reunified

Article 99 defines the family members:

the spouse;

minor children or incapacitated dependent children of the couple or of one of the spouses;

adopted minors, under the legally established conditions;

adult children who are dependent, unmarried and studying at an educational institution in Portugal;

direct ascendants in the first degree of the resident or the spouse, provided that they are dependent;

minor siblings under the guardianship of the resident, by means of a decision recognized by Portugal.

Article 100 extends the regime to the partner in a duly proven de facto union and to that partner’s minor or incapacitated children who have been legally entrusted to them.

Two requirements added in 2025 deserve particular attention because they result in refusals: the marriage or de facto union must be valid and recognized under Portuguese law, and both members of the couple must, on the date of the application, be at least 18 years old.

The Material Conditions: Accommodation, Means and Integration

Article 101 requires the applicant to have:

accommodation, demonstrably owned or rented, considered normal for a comparable family in the same region, and which meets general safety and health standards;

sufficient means of subsistence to support all members of the household, without recourse to social assistance.

The specific criteria for both requirements are established by ministerial order.

It is now also established that family members, after the residence permit has been granted, must comply with integration measures — namely attendance at Portuguese-language training and training on Portuguese constitutional principles and values and, in the case of minors, attendance at compulsory education, under terms to be defined by regulatory decree. More importantly than it may seem: renewal of the residence permit now depends on proof of compliance with these criteria. The law also provides for the possibility of an exceptional waiver for humanitarian reasons, by order of the competent member of the Government.

Where to Submit the Application: Family Member Outside or Inside Portugal

There are two procedural routes, and confusing them is a classic mistake:

Family member outside national territory (Article 98(1)): the application is submitted to AIMA by the resident in Portugal. Once the application has been approved, the family member obtains, at the consulate, the visa to enter Portugal (this is where the D6 visa, discussed below, comes in).

Family member already in national territory (Article 103): the holder of the right may also apply for residence for family members who are in Portugal, who entered Portugal and remain there on the date of the application. Attention should be paid to a restriction introduced in 2025 and frequently overlooked: this route was limited to the family members referred to in Article 98(3) — that is, dependent minors or incapacitated persons, a spouse or equivalent partner who is the co-parent or adoptive parent of a dependent minor or incapacitated person, and family members of holders of residence permits under Articles 90, 90-A and 121-A. It is therefore not a general route for regularizing those who are already in Portugal.

Two notes regarding dates. First: Law No. 61/2025 provided for a transitional period of 180 days to apply for residence for family members already present in national territory, provided that they had entered legally and met the requirements of Article 98 — a window that ended on 21 April 2026 and can no longer be invoked (applications submitted within that period naturally remain valid). Second: the new law applies to administrative procedures and judicial proceedings initiated after its entry into force, meaning that applications pending on 23 October 2025 continue to be governed by the previous regime — a decisive point for those who submitted their application in 2024 or at the beginning of 2025. ..

Decision Timeframes and Grounds for Refusal

Article 105 now establishes a decision period of nine months, extendable for an equal period in exceptional circumstances associated with the complexity of the assessment of the application, and the applicant must be informed of such extension — with the exception of the cases provided for in Article 98(1) and (2). This represents a very significant extension compared with the previous regime and must be taken into account in family and professional planning.

Article 106 provides for refusal on grounds of public policy or public security — taking into account the seriousness or type of offence — and on grounds of public health, considering the capacity of the healthcare services to respond.

Path 3 — The D6 Visa (Article 64): A Consequence, Not a Starting Point

This is perhaps where the greatest misunderstanding of all lies. Many people go to the consulate to “apply for the D6 visa” as if they were applying for a work or study visa. But Article 64 of Law No. 23/2007 says something different:

Whenever, in the context of processing an application for family reunification submitted under Article 98(1), AIMA, I.P., approves the application, the applicant’s family member must be provided with a residence visa for family reunification, in order to allow their entry into national territory.

The D6 visa is, therefore, the effect of a decision already made in Portugal. The correct sequence is:

the resident in Portugal submits the family reunification application to AIMA;

AIMA assesses the requirements (period of residence, family relationship, accommodation, means of subsistence) and approves the application;

the family member, in the country where they reside, goes to the Portuguese consular post and obtains the residence visa for family reunification (D6);

they enter Portugal with that visa and formalize their residence permit.

Anyone who reverses the order — trying to obtain the visa first without a decision from AIMA — will normally encounter a closed door and lose months.

A technical observation, useful for those handling cases: Article 64 refers to “Article 98(1)” using the numbering that existed before the 2025 reform, when that paragraph identified family reunification with family members who were outside national territory. The cross-reference was not updated, which creates interpretative doubts that should be anticipated when preparing the application.

Path 4 — Accompanying Family Visa (Article 58(5)): Travelling Together

There is a fourth option, very useful and frequently overlooked, for a specific situation: the family does not yet have anyone in Portugal. The family member who is going to work, study or invest is, at that moment, applying for their own residence visa (D1, D2, D3, D4, D7, etc.).

In this case, Article 58(5) of Law No. 23/2007 allows the residence visa to have as its purpose the accompaniment of family members of the applicant for a residence visa, within the meaning of Article 99(1), and the applications may be submitted simultaneously.

In consular practice, this is the visa identified in consular and application centre information sheets as the residence visa for accompanying family members of a residence visa applicant. Its essential characteristics are:

It is applied for at the consulate, at the same time as the main application, and not with AIMA;

It does not depend on the main family member already residing in Portugal — therefore, it is not subject to the two-year rule under Article 98, which presupposes a holder of a residence permit;

It typically covers a spouse or de facto partner, dependent minor or incapacitated children, unmarried adult children who are studying, dependent first-degree ascendants and minor siblings under guardianship;

It requires, among other elements, the appropriate application form, valid passport, proof of the family relationship, an apostilled criminal record certificate for persons over 16 years of age, travel/health insurance and proof of stable and regular means of subsistence sufficient for the entire household;

It makes possible the objective that almost every family wants and that the other routes do not guarantee: arriving in Portugal together, without months of separation.

Comparative Table

	Residence Card (Art. 15, Law 37/2006)	Family Reunification (Art. 98, Law 23/2007)	D6 Visa (Art. 64)	Accompanying Family Visa (Art. 58(5))
Who is the “anchor”	EU/EEA/Swiss or Portuguese citizen	Third-country national with a residence permit	Same as under Art. 98	Third-country national applying for a residence visa
Nature	Document recognizing an EU right	Application for authorization subject to requirements	Entry visa resulting from AIMA’s prior approval	Entry visa applied for simultaneously
Where to apply	AIMA, in Portugal	AIMA (family member abroad); or Art. 103, if the family member is already in Portugal and falls within Art. 98(3)	Portuguese consular post	Portuguese consular post
Minimum period of prior residence	Not required	2 years (15 months or none, under the legal exceptions)	Depends on Art. 98	Not applicable
Accommodation and means of subsistence	Not under the terms of Art. 101	Yes (Art. 101), without recourse to social assistance	Verified beforehand by AIMA	Yes, consular proof of means
Decision timeframe	Card issued within 3 months	9 months, extendable	After approval	Consular timeframes
Validity of the permit/card	5 years	Linked to the permit of the person applying for reunification	—	—

Mistakes That Cost Months (and How to Avoid Them)

Calling everything “family reunification”. If the spouse is Portuguese, the correct procedure is the residence card under Article 15 — simpler, faster and without the requirements of Article 101.

2. Entering as a tourist and counting on legalization. Since 2025, the route under Article 103 for family members who are already in Portugal has been reserved for the family members indicated in Article 98(3), and requires the family member to have entered and to remain in national territory on the date of the application. It is not a mechanism for regularizing irregular situations.

3. Miscalculating the two years. What counts is the length of time for which the residence permit has been valid, not the period of stay in Portugal nor the time since the first application.

4. Ignoring the exceptions under Article 98(3). Many families with minor children in common believe that they have to wait two years when the law exempts them from this period.

5. Underestimating the validity of the marriage or de facto union. The relationship must be recognized under Portuguese law — which almost always involves prior transcription or registration, with documents duly legalized or apostilled and translated.

6. Failing to meet the requirements for proof of accommodation and means of subsistence. In practice, these are the two most frequent grounds for refusal under the Article 98 regime.

Frequently Asked Questions

I am married to a Portuguese citizen. Do I have to apply for family reunification? No. You benefit from the regime under Law No. 37/2006, by virtue of Article 3(5), and what you should apply for with AIMA is the residence card for a family member of a Union citizen.

My husband has had a residence permit for only one year. Can we apply for family reunification? As a rule, the right only arises after two years of a valid residence permit. But check the exceptions: if you have a dependent minor child in common, or if a dependent minor is involved, the period does not apply. There is also the 15-month rule for spouses who cohabited for at least 18 months before entry into Portugal, and the possibility of a waiver by order in exceptional cases.

I submitted the application before October 2025. Do the new rules apply to me? No. Law No. 61/2025 determines that the amendments apply to administrative procedures and judicial proceedings initiated after its entry into force, that is, from 23 October 2025 onwards. Applications already pending remain subject to the previous regime.

How long does a family reunification application take? The law now provides for a decision period of nine months, extendable for an equal period in exceptional circumstances.

Can I apply for the D6 visa directly at the consulate? Not as a starting point within the scope of Article 98(1). The visa must be applied for after AIMA approves the family reunification application submitted in Portugal by the family member residing in national territory.

I am moving to Portugal on a work visa. Does my family have to wait two years? No. If the applications are submitted at the same time at the consulate, the residence visa for accompanying family members (Article 58(5)) applies, allowing you to travel together.

Who can be included in the accompanying family visa? Family members within the meaning of Article 99(1): spouse, dependent minor or incapacitated children, unmarried adult children who are studying, dependent first-degree ascendants and minor siblings under guardianship — to which consular practice adds the de facto partner, under Article 100.

Does the residence card for a family member of an EU citizen allow me to work?
The right of residence under Law No. 37/2006 includes access to professional activity on equal terms; the card is the document that certifies this status, with the certificate proving the application being issued immediately upon submission of the application.

How long is the residence card valid and what happens after five years? It is valid for five years (or for the expected period of residence of the Union citizen, if shorter). Once the conditions of legal and continuous residence for five years have been met, the permanent residence card may be applied for. After compliance with the applicable legal rules, it is also possible to apply for naturalization (Portuguese nationality).

Will being absent from Portugal cause me to lose my residence card? Temporary absences of up to six consecutive months per year do not affect its validity; absences for the fulfilment of military obligations are also protected, as is an absence of up to 12 consecutive months for a justified reason (pregnancy and childbirth, serious illness, studies, vocational training or professional posting). The right of permanent residence is only lost through an absence exceeding two consecutive years.

And with a residence permit, how long can I stay outside Portugal?
Article 85 of Law No. 23/2007 allows cancellation in the event of absence, without acceptable reasons, for six consecutive months or eight non-consecutive months (temporary residence), or 24 consecutive months or 30 non-consecutive months within three years (permanent residence). A longer absence must be justified to AIMA, as a rule before departure.

What is the difference between a residence card and a residence permit?
The residence permit embodies an authorization granted under the Immigration Law; the residence card merely recognizes a right of residence arising from European Union law, under Law No. 37/2006. This results in different requirements, timeframes and rules regarding absence.

Can the application be refused because of a criminal record? It can, on grounds of public policy or public security, taking into account the seriousness and type of offence; there are also grounds for refusal on public health grounds.

In Summary

Portuguese law does not have a single path for reuniting families: it has four, with different philosophies. The European regime under Law No. 37/2006 is based on a right of movement and is therefore simpler and more protective. The regime under Law No. 23/2007 is based on a conditional authorization and became considerably more demanding with Law No. 61/2025. The D6 visa is the key to entry that becomes available after AIMA makes its decision. And the accompanying family visa is the solution for those who have yet to depart and do not want to be separated from their family along the way.

Correctly identifying the path applicable to your case — and anticipating proof of the family relationship, accommodation and means of subsistence — is what separates a smooth process from prolonged family separation.

This text is for informational purposes only and reflects the legislation in force on the date of its publication, namely Law No. 37/2006, of 9 August, and Law No. 23/2007, of 4 July, as amended by Law No. 61/2025, of 22 October. It does not dispense with consultation of the applicable legislation nor does it replace legal advice regarding a specific case.

Legislation and official sources: Law No. 37/2006, of 9 August (Articles 3, 7, 10 and 15); Law No. 23/2007, of 4 July (Articles 58, 64 and 98 to 107), as amended by Law No. 61/2025, of 22 October, published in the Diário da República, 1st Series, No. 204, of 22 October 2025; Directive 2004/38/EC; Directive 2003/86/EC; service information from AIMA, I.P., the gov.pt portal and national visa information sheets from Portuguese consular posts.