Portuguese Visa for Non-EU Spouse

Portuguese Visa for Non-EU Spouse: discover what only the top, expert visas & immigration lawyer in Portugal know about portuguese visa for non-eu spouse

In Portugal it is possible for a non-EU spouse to obtain a residence visa in Portugal – if he or she is married to a Portuguese citizen or if resident in Portugal.

Firstly, the question of how to enter Portugal legally must be considered. A non-EU citizen has two ways of entering Portugal legally: they must apply for a visa for family reunification, at the local Portuguese consulate in their country of residence but there is nothing in the law that prohibits non-EU citizens from entering by means of a tourist visa. The important thing here is that, regardless of the particular method of entry, you must have entered Portugal legally, as this is a criterion for obtaining a residence permit.

Before leaving your country of origin, you must bring with you a birth certificate, marriage or divorce certificate and a certificate of no criminal record. All these documents must be legalised in accordance with the Hague Convention. Unfortunately, most consulates or embassies do not provide this service, but only provide translation and document certification services.  It can then becomes difficult to obtain them, when needed.

Application Procedure for Residency in Portugal

An application for residency in Portugal must be made under art. 98 and 99 of the Law of Estrageiros. This application has a cost of 98 euros and when it is submitted the following documents must be submitted to SEF:

  • Proof of the family member’s residence permit or the family member’s Portuguese nationality
  • Duly authenticated evidence of family ties invoked
  • Certified copies of the identification documents of the applicant’s family members
  • Proof of accommodation (does not apply to refugees)
  • Proof that he has sufficient means of subsistence to meet the needs of his family, as provided for in Ordinance No. 1563/2007 of 11/12 (does not apply to refugees)
  • Criminal record certificate issued by the competent authority in the country of nationality of the family member and the country in which he/she has resided for more than one year (except for children under 16)

In addition to these documents, the applicant must be registered with the Tax Administration, holding a TIN number.  It is already understood here that having the documentation apostilled is essential.

As far as proof of an income/subsistence is concerned, it is determined by reference to the national minimum wage. For this reason, you must have or prove that you have an amount equivalent to 6 times the minimum wage or the resident family member must present proof of salary. In addition, SEF takes on average 4 to 6 months to review the application.  Therefore, this whole procedure should be organised in advance. Once the application for family reunification has been granted, SEF informs the Ministry of Foreign Affairs to start the process of granting a residence visa to the respective Consulate.

Family Reunification Visas

To obtain a family reunification visa, which costs 90 euros (ninety euros), the following documentation must be submitted to a Portuguese Consulate:

  • Application in its own format
  • Passport or other travel document
  • Two identical photographs, passport type, updated and in good condition to identify the applicant
  • Transport ticket to ensure your return.
  • Valid travel insurance, which allows to cover the necessary expenses for medical reasons, including urgent medical assistance and eventual repatriation
  • Request for consultation of the Portuguese criminal record by the Aliens and Borders Service (SEF)
  • Criminal record certificate from the country of origin or the country where the applicant has lived for more than one year.

Housing conditions

  • Proof of the existence of means of subsistence as defined by an ordinance of the competent members of the Government
  • Notification of approval of family reunification by the Immigration and Border Service
  • Proof of kinship invoked: birth or marriage certificate

After entering national territory with the residence visa, the applicant’s family member must apply to SEF to be granted a residence permit in accordance with art. 107 of Law 23/07 of 4/7 as currently drafted.

5 Lawyers Offering Services in Portugal

Testimonials for Visas & Immigration Law
  • Ethan Flower
    Ethan Flower, Porto

    We are so happy with Tiago and his wonderful help. He made everything simple and made sure we accomplished all that we needed. He was very careful and went above and beyond. Everyone has to use Tiago!


    Nov 29, 2020
  • Michael Knight
    Michael Knight, Lisbon

    Simone has been extremely responsive in answering all my communications through email and Whatsapp. She managed to provide all my family members with NIF numbers very quickly.


    Simone has a professional and friendly manner, so she is approachable and able to supply needed information.


    Her fees are very reasonable and I feel very comfortable engaging her legal services. I would recommend her to any friends or colleagues that needed legal services.


    Aug 12, 2020
  • Jeroen van de Waal
    Jeroen van de Waal, Portugal

    Prompt and pro-active. Pleasant person to deal with.


    Jul 23, 2020
  • Nicholas Gennaro Sciasci
    Nicholas Gennaro Sciasci, Lisbon

    Since the beginning, Simone has be extremely helpful in answering our questions and concerns. She is friendly and knowledgeable and gets the work done quickly and efficiently!


    We highly recommend her!


    May 18, 2020
  • Mitra Karimpour
    Mitra Karimpour, Porto

    She is perfect person that i met in portugal.


    She provided all documents and information about my situation and informed me a lot about everything that i wanted to know.


    If i need help and more informations, definitely i will contact with her again.


    Mar 19, 2020
  • Mike Ananyin
    Mike Ananyin, Lisbon

    Simone was very helpful in providing all necessary information, tips and detailed advice.  She also helped to move on my questions to the action. She was very understanding professional, she adjusted her schedule to meet my timing demands, which was highly appreciated!


    Feb 04, 2020
  • Sarah Zeidi
    Sarah Zeidi, Lisbon

    Simone was really passionate about her job. She was always available to answer any concern or question.


    At the end, she was our best friend even. Definitely recommend her.


    Jan 22, 2020
  • Philip Heymann
    Philip Heymann, Germany

    Highly professional, straightforward and efficient. Everything was just fine.


    Jan 17, 2020
  • Radwan Khattab
    Radwan Khattab, Porto

    Professional and service is good.


    Nov 25, 2019
  • Francisco Larrauri
    francisco larrauri, Lisbon

    Simone was very helpful answered all our questions, very professional. We really would like her to help us to obtain the residence in Portugal

    service was excellent.


    Nov 19, 2019
  • Mamadu Djalo
    Mamadu Djalo, Lisbon

    I am really happy as Simone Marins really did help me get what I wanted. Everything was explained to me and the experience was good.


    Simone really made me believe in her work and experience. The way she dealt with me was really nice. She answered all my phone calls straight away and answered my questions. She was always willing to help me even out of hours. I am really pleased.


    Sep 07, 2019
  • Braulia Barbosa
    Braulia Barbosa, Lisbon

    Simone did an excellent job for me and my sister, she is very professional, reliable, with a lot of knowledge - every time I asked a question she had the answer for me.


    She was also very patient with me explaining how every situation works. I highly recommended her and will definitely use her services again. Many thanks to the lawyer Simone, you are a star!


     


    Mar 27, 2019