If you’re planning to relocate to Portugal with your European spouse — especially if you are a non-EU citizen — you’re probably wondering whether the new immigration law reforms might affect your family’s plans.
Here’s the good news: you’re protected.
While the Portuguese government is currently reviewing changes to the immigration law known as Law 23/2007 (the general regime for third-country nationals), these changes do not apply to family members of EU citizens. Your rights remain fully covered under a separate law: Law 37/2006, which transposes the EU Free Movement Directive into national law.
Let’s break down what this means — and what you actually need to do.
👩❤️👨 First Things First: Has Your Marriage Been Registered in Portugal?
If your marriage took place outside Portugal, and your spouse is a Portuguese citizen, there’s a very important step you must complete before going to AIMA:
📝 Transcribe your marriage into the Portuguese civil registry.
This is not optional. Portuguese citizens have a legal obligation to keep their civil records updated — including marriage certificates. Without this registration, the Portuguese government won’t recognize your marriage for legal purposes, and you won’t be able to apply for your residence card as a spouse or for nationality.
This process can take several weeks, so we recommend starting it as early as possible. FLOW Legal can assist you with the documentation and formalities required.
🛂 Can You Apply for a Residence Visa Before Arriving in Portugal?
This is one of the most common misunderstandings:
If you’re married to an EU citizen, do you need to apply for a D6 Family Reunification visa?
The answer is no — not if your spouse is a citizen of the EU and not covered by the general immigration law.
Portugal does not issue D6 visas for family members of EU citizens. Instead, the process follows EU Free Movement rules — and your residence rights are exercised directly in Portugal, not through the consulate.
✈️ So how do you enter Portugal?
If you are from a country that requires a visa to enter the Schengen Area (e.g., India, Pakistan, South Africa), you should apply for a short-term Schengen visa (Type C) for family members of EU citizens.
Under Directive 2004/38/EC, this visa should be fast-tracked, free of charge, and processed as a priority.
Once you’re in Portugal, you can then apply directly to AIMA for your EU family member residence card (Art. 15, Law 37/2006).
🧾 What Is Article 15 and How Does It Work?
Article 15 of Law 37/2006 allows non-EU family members of EU citizens who are residing in Portugal to apply for a residence card valid for 5 years, as long as:
- The EU spouse is living in Portugal, and
- Is exercising their Treaty rights (e.g., working, studying, or having sufficient resources).
You’ll need to provide:
- Proof of the EU spouse’s residence and status in Portugal (CRUE)
- Marriage certificate with apostille (except for portuguese nationals, as explained above)
- Your passport and proof of lawful entry
- Proof of cohabitation, if applicable
⏳ What If You Can’t Get an AIMA Appointment Before Your Schengen Visa Expires?
This is a common concern in 2025 due to the ongoing backlog at AIMA.
👉 Don’t worry — you’re not considered illegal as long as:
- You are already in Portugal,
- You have entered legally,
- And you’re applying under EU law as the spouse of an EU citizen.
EU law protects your right to reside in the country with your family, even if there are delays in securing an appointment.
That said, it’s wise to document your entry date, keep all communication with AIMA, and consider speaking with a legal advisor to ensure your case is properly registered.
❗ Do the Proposed Law Changes Affect You?
No. The changes currently under parliamentary discussion affect only Law 23/2007 — the general immigration regime — and do not apply to those covered under Law 37/2006, which governs EU family reunification rights.
So if you’re moving to Portugal with your EU spouse or family member, your rights remain intact.
This content is for informational purposes only and does not replace legal consultation.
📅 Book a consultation today and let us simplify the process for your family.
