Family member of an EU citizen

Law no. 37/2006 transposes Directive 2004/38/EC into Portuguese law and governs the right of free movement and residence of citizens of the European Union and their family members. It also applies to nationals of the European Economic Area states and Switzerland, and the AIMA page adds Andorra. Anyone who relies on it as a third-country family member, including many Brazilians married to European citizens, follows a different route from the ordinary residence permit.

Who counts as family

Under article 2(e), family members are:

• the spouse of a Union citizen;
• the partner with whom the citizen lives in a de facto union formed under the law, or with whom the citizen has a permanent relationship certified by the competent authority of the Member State where they live;
• the direct descendant under 21 or dependent on the citizen, and that of the spouse or partner;
• the direct ascendant dependent on the citizen, and that of the spouse or partner.

The AIMA and gov.pt pages on the residence card list only spouse, descendants and ascendants, but AIMA’s list of documents provides for the de facto union case. Other family members who in their country of origin are dependent on the citizen or live with them, or whose personal care is imperatively needed for serious health reasons, have entry and residence only facilitated, after an analysis of personal circumstances (article 3(2)).

Article 3(5) extends the rules that apply to family members to family members of Portuguese nationals, whatever their nationality. If your spouse is Portuguese, this law may therefore be relevant to you, and AIMA accepts the Cartão de Cidadão as the identity document of the person you accompany. For the general foreigners’ regime, see Family reunification.

Entry into Portugal

• A third-country family member is admitted to national territory on presentation of a valid passport, and is subject to an entry visa only under European Union rules. If a visa is required, the law provides that it is granted free of charge, with a special procedure to ensure speed (article 4(2)).
• Brazil appears in Annex II of Regulation (EU) 2018/1806, which exempts stays of up to 90 days in any 180-day period from the visa requirement (see the consolidated version to confirm the list in force). That exemption is the short-stay rule; it does not replace the residence card.
• AIMA recommends that family members who are outside Portugal contact the Portuguese consular post or mission before entering, to confirm the requirements.
• For up to three months, the Union citizen and the family member with a valid passport may reside in Portugal without further conditions or formalities (article 6). After that, there is registration and a card.
• With a valid residence card, a family member who would otherwise need a visa may enter without one (article 4(3)).
• A family member who is not a national of a Member State must report their presence in national territory in accordance with the law (article 4(5)).

Step by step

1. Registration of the EU citizen

A Union citizen staying longer than three months registers at the Câmara Municipal for their area of residence, within 30 days after three months have passed since entry (article 14). They bring an identity document or valid passport and a declaration on honour that they work in Portugal, or that they have sufficient resources and health insurance, or that they are enrolled in an educational establishment with sufficient resources. The registration certificate is valid for five years or for the intended period of residence, if shorter.

The law says the certificate is issued at the time of registration; the AIMA page states “minimum issue time, 1 month”. Check with your Câmara. The registration in article 14 is that of the “Union citizen”, which the law defines as a national of a Member State other than Portugal; where the citizen is Portuguese, AIMA accepts the Cartão de Cidadão as the identity document of the person you accompany.

2. Residence card at AIMA

A third-country family member staying longer than three months must apply to AIMA for the residence card, within 30 days after three months have passed since entry (article 15(2)). Service is in person, at AIMA stores, by prior appointment through the contact form, choosing the subject “Cartão de Residente da União Europeia (CRUE)”. When the application is submitted, a certificate proving the request is issued, and the card must be issued within three months at most (article 15(3) and (5)).

The card is valid for five years, or the intended period of residence of the Union citizen, if shorter (article 15(6)). If the first card was issued for less than five years, the next application is made before it expires.

3. Documents

The AIMA page lists, among others:

• an identity document of the citizen the family member accompanies or joins (registration certificate, residence card, identity card, Cartão de Cidadão or valid passport), and the family member’s valid passport, with a photocopy of the pages with stamps;
• a declaration of responsibility signed by the EU citizen;
• if married, a full narrative birth certificate or marriage record, with the Hague Convention apostille;
• if in a de facto union, both birth certificates and proof of living together for at least two years;
• for descendants and ascendants: the birth record and, as applicable, proof of dependence (for example, for ascendants up to 65, the IRS return listing dependants, bank transfers or a declaration from the state of origin);
• the application form, available on the AIMA site.

The AIMA page for this card does not list proof of address. AIMA’s March 2026 answer on proof of accommodation states that certificates from the Juntas de Freguesia are not accepted, but the note does not say which regimes it applies to. A parish council certificate should therefore not be treated as a substitute for a document AIMA asks for. Confirm at the appointment what to bring.

Costs

Portaria no. 13/2024 sets, per document, €15 for applications through a digital channel and €18 for in-person service, for those over 25, with different amounts for under-25s and an in-person exemption for children up to one year old. AIMA points to its fee table, which you should check.

Rights and deadlines

Family members with a right of residence may carry on an activity as an employee or self-employed (article 19), and the certificate or card is in no case a precondition for exercising a right (article 21). Permanent residence is acquired, as a rule, after five consecutive years of legal residence (articles 10 and 13). Not registering or not applying for the card (articles 14(1) and 15(1)) is an administrative offence, with a fine of €400 to €1,500 (article 30). In cases of fraud or of a sham marriage or union, or one of convenience, the rights are refused or withdrawn (article 31).

If something goes wrong

If you are told your case follows another procedure, cite Law no. 37/2006 and the AIMA page on the residence card for family members of EU nationals, and ask for the legal basis. Service points lists the counters, and the Path shows the next steps. For NIF and bank account, see NIF and Bank account.