Introduction
What might an immigrant in Portugal wish for most during the festive season?
Naturally, the list of hopes and desires could be long. Yet, I dare to suggest that securing an appointment – particularly when no new slots have been opened for two months to apply for or renew residence permits – would rank highly on the priorities of many foreign residents.
However, there is a right that is often overlooked or practically limited in Portugal, one that could transform the lives of countless individuals who have chosen this country as their home: family reunification.
In this informative article, I aim to outline key aspects of the right to family reunification in Portugal and how it is currently applied, with the hope that, by Christmas 2025, more foreign residents can enjoy the company of their families in a regular and orderly manner.
The Right to Family Reunification
International human rights instruments impose significant limitations on states’ actions to protect the family, recognised as the cornerstone of society.
As noted by Professor Ana Rita Gil in this article, the Universal Declaration of Human Rights (UDHR) and the International Covenants on Civil and Political Rights (ICCPR) and Economic, Social and Cultural Rights (ICESCR) recognise the family as a natural and fundamental unit of society, deserving state protection. However, they do not explicitly establish an individual right to family reunification. Similarly, ILO Convention No. 143 encourages states to adopt measures to facilitate family reunification for migrant workers but does not impose binding obligations. The 1989 Convention on the Rights of the Child (CRC), though not directly addressing family reunification, contains key provisions that are highly relevant. These include protecting children from separation from their parents against their will (except in exceptional circumstances), mandating the swift and humane handling of family reunion requests, and prohibiting arbitrary interference in the family life of children. Furthermore, the principle of the best interests of the child must guide all decisions affecting them.
Despite the significance of these instruments, as Professor Gil highlights, their practical applicability is often limited. Many lack effective enforcement mechanisms, suffer from low ratification rates, or include derogation clauses that weaken their impact. Nevertheless, they enshrine a general principle: family reunification must not be arbitrarily restricted.
In the European context, as Professor Constança Urbano de Sousa explains in this chapter, Directive 2003/86/EC regulates family reunification for third-country nationals, limiting it primarily to the nuclear family and subjecting it to additional conditions such as sufficient resources, adequate accommodation, and integration requirements. In Portugal, third-country nationals enjoy similar rights, encompassing spouses, minor or dependent children, dependent ascendants, and, in certain circumstances, de facto partners.
As Professor Urbano de Sousa highlights, decisions denying family reunification must be justified and proportionate, taking into account the strength of family ties and specific case circumstances.
Family Reunification in Portugal
Under Portuguese Immigration Law (Law No. 23/2007, of 4 July), the right to family reunification is granted to individuals holding residence permits valid for one year or longer, as you can see in this link.
This right applies to family members already in Portugal and those residing abroad.
However, it is not absolute: the law allows for restrictions based on specific criteria, such as eligible degrees of kinship or integration requirements. That said, legal limitations must not result in arbitrary or disproportionate restrictions.
Who Qualifies as Family Members for Family Reunification in Portugal?
Under Portuguese legislation, the criteria for determining who qualifies as a family member for the purposes of family reunification are clearly defined. Below is an overview of the family members who may be eligible:
The Spouse: The resident can apply for the reunification of their spouse.
Minor or Dependent Children: This includes minor children or those who are incapacitated and dependent on the couple or one of the spouses.
Adopted Children: Adopted children of the resident or their spouse may qualify, provided the adoption was granted by the competent authority in the country of origin, recognised by Portugal, and the law of the country-of-origin grants adopted children rights and duties equivalent to those of biological children.
Unmarried Adult Children in Education: Unmarried adult children who are dependent on the couple or one of the spouses and are studying in Portugal may also qualify.
Dependent Parents: The parents of the resident or their spouse may benefit from family reunification if they are financially dependent on the resident.
Minor Siblings Under Guardianship: Minor siblings under the guardianship of the resident are eligible, provided the guardianship was granted by the competent authority in the country of origin and is recognised by Portugal.
Challenges to Family Reunification in Portugal
Currently, family reunification procedures in Portugal face significant practical challenges.
The electronic platform created for family reunification requests has encountered issues since its implementation. Initially, it only allowed applications for family members already in Portugal, provided there was at least one child under 15 in the household. This was later adjusted to include minors under 18, rightly prioritising the best interests of the child.
However, families consisting solely of adults remain excluded, with no clear legal justification for this restriction. Furthermore, the platform does not accept Portuguese Citizen Cards, barring Portuguese nationals from using it to reunite with foreign family members.
For family members abroad, the process is more complex. Applicants must secure an in-person appointment with the Agency for Integration, Migration and Asylum (AIMA). Once approved, Portuguese consulates in the family member’s home country are informed, enabling the issuance of visas with pre-set appointment dates in Portugal, if all goes well. Upon arrival, family members can then apply for residence permits.
While theoretically straightforward, the process is hindered by a lack of transparency regarding available appointment slots and their release dates. Applicants frequently rely on informal channels to track updates and repeatedly call AIMA’s helpline in hopes of securing an appointment.
The last round of appointment openings occurred in late October 2024. Since then, throughout the holiday season, many applicants – both foreign nationals and Portuguese citizens – have been left waiting to initiate the family reunification process, hoping to reunite with loved ones in 2025.
This delay, without a clear legal basis, has been deemed unacceptable by Portuguese courts.
On 19 December 2024, in this judgement, the South Central Administrative Court delivered a ruling addressing a situation where an application for a residence permit had been left “in limbo, without legal justification”. The delay, which was not attributable to the applicant, arose due to inaction by AIMA, without whose intervention the application process could not proceed. The court determined that this constituted an arbitrary limitation on the applicant’s right to apply for a residence permit for themselves and to request family reunification for their relatives. In their judgment, the appellate judges concluded that AIMA must facilitate and schedule an appointment at one of its in-person service centres to enable the formal submission of the applications.
Although the ruling in question pertains to a family reunification request linked to an investment residence permit - a category with a distinct preliminary procedure compared to other types of permits - it is crucial to underscore the importance placed on family reunification. Administrative inertia, as highlighted in this case, can constitute an arbitrary and disproportionate limitation on the principle of family unity and the fundamental right to family reunification.
Final Considerations
Family reunification is a right enshrined in Portuguese Immigration Law, yet significant practical barriers persist. These include limited access to platforms and appointments, as well as a lack of transparency in scheduling. Such challenges directly impact the lives of immigrants, expatriates, and their families, often preventing them from celebrating special occasions together.
The recent ruling by the South Central Administrative Court offers hope that disproportionate practices may be rectified. It underscores the importance of ensuring transparent, efficient, and fair processes for those seeking to exercise this fundamental right.
As we look to future Christmases – and beyond – we hope that more foreign residents in Portugal can reunite with their families, realising their right to family reunification with dignity and in accordance with the law.
The Human Rights Litigation Department at FiO Legal remains committed to supporting its clients through administrative and judicial channels, ensuring their rights are upheld in Portugal.
By Emellin de Oliveira
