General waiting period
Residence permit valid for at least two years
A detailed, evidence-led guide to the 2025 reform: the two-year default, the limited 15-month spouse exception, child and special-permit exemptions, AIMA proof, housing and 2026 family means.
Last researched: 19 October 2026 · Primary legislation and AIMA reviewed · No approval guarantees
Facts before promises
Article 98 as amended by Law 61/2025 establishes a general two-year residence-permit duration before family-reunification eligibility. It specifies a 15-month option for a spouse or equivalent who lived with the sponsor at least 18 months immediately before the sponsor entered Portugal. There are express exceptions for dependent minors/incapacitated family, certain spouses who are parents of such children, and family of holders under Articles 90, 90-A and 121-A. See Article 98 in the official sources below.
Residence permit valid for at least two years
15 months with 18 months proven prior cohabitation
Significant statutory exemptions apply
€920 minimum wage; scale 100% / 50% / 30%
The 2025 reform reshaped waiting periods, family eligibility, accommodation, financial evidence and case strategy. Here is a practical, evidence-led guide.
Do not assume every resident can apply immediately or that every relative qualifies. The correct route turns on sponsor status, relationship, age, dependency, location and the time at which proceedings began. F1, F2, F3
| Situation | Potential rule | What must be proved |
|---|---|---|
| Ordinary resident sponsoring family | Generally valid residence permit held for at least two years | Relationship, cohabitation or dependency, legal duration of sponsor permit and other conditions. F1 |
| Spouse / partner with established pre-entry cohabitation | 15-month provision, when its specific 18-month prior cohabitation test is satisfied | Duration and quality of shared residence before sponsor entered Portugal; valid recognised relationship. F1 |
| Minor or incapacitated dependent child | Express exemption from ordinary two-year waiting period | Relationship, age/incapacity, custody and other-parent authorisation where necessary. F1, F3 |
| Spouse/partner sharing a minor or incapacitated dependent child | Specific exception from general period | Parentage/adoption, valid relationship and evidence of family dependence. F1 |
| Sponsors holding Articles 90, 90-A or 121-A residence permits | Specific waiting-period exemption for covered families | Correct permit legal basis and eligible relatives; not a blanket exemption from financial/housing requirements. F1 |
| Other exceptional humanitarian cases | Potential ministerial reduction/waiver | Well-supported exceptional reasons and family/child welfare; not an automatic administrative entitlement. F1 |
This table maps requirements; it does not substitute for a case-specific immigration decision or current authority checklist.
Each chapter links a legal proposition to the evidence that would need to support it.
Family reunification enables qualifying family members of a legally resident non-EU sponsor to join or reside with that sponsor under Portugal’s Immigration Law 23/2007. It is not the same as a tourist visa, birth registration, a residence visa issued at the outset for accompanying family, or the rights of EU citizens and their families under a separate framework. F1, F2
The legal question is not simply whether two people are married. The assessment must identify the sponsor’s permit article and duration, the precise qualifying relationship, prior cohabitation or dependency, each relative’s current country, and any public-policy or documentation issues. F1, F3, F4
Law 61/2025 came into force on 23 October 2025 and applies its specified changes to administrative and court proceedings started after commencement. A historical file must be dated before the new criteria are assumed to govern it. F1
Under Article 98 as amended in October 2025, the ordinary rule requires the sponsoring residence-permit holder to have held valid residence for at least two years, subject to the listed exceptions. Cohabitation or dependency also forms part of the statutory framework. F1, F2
“Two years in Portugal” is imprecise. Analyse the validity and history of the sponsor’s residence authorisation rather than assuming the period begins on any arrival date, tax-registration date or informal stay. Residence-card renewal gaps or permit changes may require individual legal interpretation.
Waiting-period eligibility is only the first gate. Housing, means of subsistence, family relationship and procedural admissibility remain separate requirements.
Article 98(2) describes a 15-month sponsor-permit period for a spouse or equivalent partner who cohabited with the sponsor for at least eighteen months immediately before the sponsor entered Portugal. Both periods and their evidence matter. F1, F2
A marriage certificate alone does not establish eighteen months of prior cohabitation. Relevant evidence may include shared residence registrations, leases, utilities, bank records, official declarations, school or medical records and a coherent timeline; what is accepted depends on law and the authority.
Do not advertise this provision as “all spouses can apply after fifteen months”. The pre-entry cohabitation condition must be met and evidenced.
The two-year waiting period does not apply to dependent minors or incapacitated family members; spouses/partners who share a dependent minor or incapacitated child with the sponsor; and qualifying family members of sponsors holding residence authorisations under Articles 90, 90-A or 121-A. F1, F2
The exemptions are category-specific. A sponsor who holds a different residence article should not assume that being “highly skilled” in ordinary language is enough. Check the permit’s actual legal foundation.
Article 98 also allows a duly reasoned exceptional reduction or waiver by the competent authority in narrowly justified cases. The existence of this possibility does not create a guaranteed shortcut.
Article 99 generally covers spouses, dependent minor or incapacitated children, certain adoptees, defined dependent adult unmarried students, dependent first-degree ascendants and younger siblings under legally recognised guardianship, within the statute’s limits. F3
There are important limitations: for sponsors holding student, unpaid-traineeship or volunteering residence authorisations, the listed family categories are narrower. Under Article 99, certain adult-student conditions differ for investment-residence sponsors. F3
Both the sponsor and spouse or equivalent partner must be at least eighteen when the reunification request is made, and the relationship must be valid and recognised under Portuguese law. F1, F3
A legally valid marriage is usually evidenced through an official marriage certificate, appropriately authenticated and, where needed, translated. The authority may examine recognition, the relationship history and consistency across immigration records. F4
A de facto union requires persuasive proof of the partnership in accordance with Portuguese law. AIMA’s document guidance references evidence of a de facto union lasting more than two years. This is not equivalent to simply sharing a mailing address for a short period. F4
For a child of only one spouse or partner, a custody order or appropriate consent from the other parent may be required. A parent’s own residence status does not cancel another parent’s legal rights. F3, F4
Minor dependent children can fall within the exception to the general two-year wait, but parents still must establish parentage, guardianship or adoption, travel identity and any required consent. An approaching eighteenth birthday may change the legal category and the admissible evidence. F1, F3
Adult children do not qualify merely because their parents send them money. The statute specifies conditions such as dependency, unmarried status and formal education in Portugal; the treatment for ARI sponsors has its own particular wording. F3
Dependent parents and minor siblings under guardianship may be eligible in defined circumstances, but these cases require additional proof of financial dependence, guardianship and recognition of foreign decisions.
Where the family member is abroad, AIMA’s official guidance describes an application initiated by the sponsor in Portugal with specified identity, relationship, housing and subsistence evidence, followed by the relevant visa and post-entry residence steps. F4
For relatives already in Portugal, admissibility under current Article 103 and the applicable specific/transitional rules requires careful legal review. Law 61/2025 narrowed ordinary in-country pathways and introduced a temporary 180-day provision after entry into force for certain legally entered family members. By October 2026 that temporary period is no longer a general new-case route. F1, F5
Entering Portugal as a tourist does not automatically convert a person into an eligible in-country family-reunification applicant. Confirm legal entry, current status and the route before giving travel advice.
Article 101 as revised requires adequate housing that is owned or leased and considered normal for a comparable family in the same region, satisfying general safety and health standards under applicable implementing requirements. F1
AIMA describes a declaration of residence address and appropriate supporting proof: property-registration evidence for owners, or a landlord/accommodation-provider statement clarifying the legal basis of occupation for renters and other occupiers. The correct documents depend on the actual tenure. F4
A convenient hotel reservation or undocumented room arrangement should not be sold as a universally sufficient housing solution. Match household size, address evidence and legal occupancy.
AIMA’s means-of-subsistence guidance uses household percentage weights: 100% of the minimum monthly wage for the first adult, 50% for subsequent adults and 30% for children under eighteen or adult dependent children. The mainland 2026 statutory minimum wage is €920. F6, F7
An illustrative household of two adults and two dependent children yields 1.00 + 0.50 + 0.30 + 0.30 = 2.10 × €920 = €1,932 per month. For a sponsor, spouse and one child, the illustrative result is €1,656 per month. These are modelled reference values, not an official approval verdict. F6, F7
AIMA’s public means-of-subsistence page still reproduces a 2025 euro example. For 2026 calculations the actual current minimum wage should be used, while checking any new implementing decree, relevant benefits exclusions and the AIMA position for the specific filing.
A practical evidence bundle commonly includes sponsor residence title, family member passport copy, marriage or birth certificate, appropriate custody/adoption/guardianship decisions, criminal-record certificate when required, current housing evidence and documented financial means. AIMA details additional records for adult dependants, parents and de facto partners. F4
Foreign civil documents often require apostille or consular legalisation and translation in a form acceptable in Portugal. The language and certification approach can differ with the issuing state and the particular record; verify before spending money.
Review exact names, spelling, prior surnames, dates, birthplaces and chains of custody for contradictions. The difference between a plausible relationship and a legally evidenced relationship is usually documentary.
Law 61/2025 states that a family-reunification request should be decided within nine months. It also provides for extensions in specified exceptional circumstances, with special treatment for cases within the general waiting-period paragraphs. F1
A statutory decision window must not be conflated with actual appointment availability, complete-file confirmation, visa issuance after approval, subsequent AIMA attendance or postal delivery of a card. Each procedural stage has its own uncertainty.
The 2025 law removed older rules on presumed approval after administrative silence. Do not tell families that a missed deadline automatically grants a permit. Individual procedural remedies require advice from qualified counsel. F1
Following approval and the relevant visa/entry procedure, family members may receive residence authorisation linked to the sponsor’s status under the relevant statutory provisions; card validity, renewal and family circumstances must be checked in each case. AIMA describes the residence-permit step after entry. F4
The 2025 reform added integration-related obligations concerning Portuguese language, constitutional principles and compulsory schooling where relevant, with rules affecting renewal and possible humanitarian exceptions. Implementation must be checked against current secondary regulations. F1
Changes in marriage, separation, bereavement, domestic violence or age may raise a potential autonomous-residence question under the applicable law. These situations should not be addressed by telling a vulnerable family member to wait for the sponsor’s consent.
Cases involving children’s best interests, disability, medical vulnerability, guardianship, non-standard family arrangements or the sponsor’s humanitarian status require a wider review of statutory exceptions and constitutional protections. The 2025 law includes a discretion for reasoned exceptional reductions/waivers of waiting periods. F1
For recognised refugees and international-protection beneficiaries, family unity is subject to distinct legal provisions. The ordinary economic-resident checklist must not automatically be imposed without first classifying the protection status. F1
Age cut-offs, pending applications filed before 23 October 2025, legacy in-country files and legal status after separation are priority issues for qualified immigration counsel.
Intake should capture sponsor nationality, permit article, issue/renewal dates, city, income, housing and every family member’s identity, relationship, location and immigration history. Build a case-by-case eligibility matrix before recommending any consular or AIMA filing.
Create a chronology of cohabitation and dependency, calculate illustrative subsistence reference values transparently, document the legal right to occupy accommodation, and audit records for legalisation, translation and expiry. Flag complex custody or humanitarian issues for Portuguese counsel.
Our intended standard is precision rather than reassurance: explain the category, show the evidence, identify exceptions and never guarantee eligibility, appointment or approval.
AIMA uses weighting of 100% for the first adult, 50% for additional adults, and 30% for qualifying dependent children. 2026 mainland reference wage: €920. This tool is educational, not an eligibility check. F6, F7
AIMA’s older website example may still display 2025 currency values. This model uses the enacted 2026 mainland €920 wage and published weighting, subject to updated implementing rules and case-specific requirements.
Illustrative screening cases, not client testimonials, approval predictions or personalised legal advice.
Assessment: Generally short of the ordinary two-year rule; test whether any relevant exception fits.
Key risk
Misunderstanding the permit-duration rule. F1
Assessment: Check Article 98(2): potential fifteen-month rule, subject to verified pre-entry cohabitation and other requirements.
Key risk
Unproven continuity of cohabitation. F1
Assessment: Dependent minor falls within the waiting-period exception; parental consent/custody and other requirements remain.
Key risk
Assuming exemption eliminates documentary or housing obligations. F1, F3
Assessment: ARI-related exception may help with waiting periods, while adult student and partnership evidence demand precise statutory analysis.
Key risk
Misclassification of adult dependant and relationship. F1, F3
Residence article and validity; prior renewal; proof of lawful address; employment or other income records.
Passport; relationship category; age; location; immigration history; any criminal-record document.
Civil records; partnership/cohabitation chronology; dependency proof; custody/consent where needed.
Occupancy documentation, accommodation size, means-of-subsistence calculation, credible income trace.
Route abroad/in-country; current AIMA channel; translation/apostille; permitted application window.
Each factual assertion should be supported by a current, authentic document. Identity, chronology, legal basis, money flow and third-party verification must tell one consistent story. Specialist representation may be required.
Substantive answers, with references to the relevant primary source codes below.
It is a legal framework permitting defined relatives of a qualifying resident to seek residence based on family relationship, subject to sponsor status and other requirements. It is not the same as entering on a tourist visa or being a relative of an EU citizen. F1
Generally, a valid permit held for at least two years is the ordinary rule introduced in 2025. Several statutory exceptions and a narrower spouse rule exist. Check the exact permit and family category before concluding that a wait applies. F1, F2
Article 98(2) refers to a spouse/equivalent partner who lived with the sponsor for at least eighteen months immediately before the sponsor entered Portugal. The sponsor’s qualifying permit duration in that case is fifteen months; marriage alone does not prove cohabitation. F1
The general waiting period does not apply to dependent minors and incapacitated family members. Birth records, age, custody, any required consent and other substantive requirements still matter. F1, F3
Article 98(3) identifies spouses or equivalent partners who are a parent/adoptive parent with the sponsor of a dependent minor or incapacitated child as an exception. Their actual family relationship and parentage must be documented. F1
The statute includes family members of sponsors with residence permits under Articles 90, 90-A and 121-A. The legal article, not the everyday job title or visa label, controls this classification. F1
Article 98(4) permits a justified exceptional waiver or reduction after considering family bonds, integration, dignity and proportionality. It is discretionary and should be pursued only with a well-evidenced case, not treated as an ordinary shortcut. F1
Possibly, but the sponsor’s general waiting period or an exception still applies; the 15-month provision has the specific eighteen-month pre-entry cohabitation condition. A valid marriage certificate alone does not override every timing requirement. F1
A de facto partnership may be covered if properly evidenced. AIMA refers to documentation of a union lasting more than two years; proof and recognition are fact-sensitive. F4
Yes. The 2025 amendment to Article 99(6) requires both the sponsor and spouse/equivalent partner to be at least eighteen at the time of the reunification application. F1, F3
Only in qualifying circumstances. For certain adult unmarried dependent children, study in Portugal and other conditions matter; ARI-family wording differs. Age alone or financial help alone is not enough. F3
The law includes dependent first-degree ascendants of the resident or spouse, subject to the sponsor’s category and evidence of dependency. They are not automatically eligible solely because of age. F3
Potentially, but the statutory route normally requires guardianship recognised under applicable legal procedures. An informal family arrangement is not a substitute for a recognised guardianship decision. F3
No. Article 99(3) provides a narrower family-member definition for sponsors resident for study, unpaid professional internship or volunteering. Check the exact programme and permit category. F3
Parentage and legal custody are central. Portuguese law may require consent of the other parent or an appropriate legal decision authorising the child’s residence or travel. F3
Not automatically. The 2025 changes restricted ordinary in-country pathways and included a limited transitional window after commencement. A visitor’s lawful arrival does not independently establish present-day eligibility for an in-country filing. F1, F5
AIMA describes the sponsor-initiated process where the family member is abroad, followed by the relevant visa and post-entry residence steps if approved. Appointments and documentary requirements must be checked for the individual case. F4
Usually the sponsor’s residence permit, family passport, authenticated relationship records, accommodation evidence, subsistence evidence and criminal record when applicable; custody, adoption, dependency or partnership records can be additional requirements. F4
Often, foreign civil-status and criminal-record documents require legalisation/apostille and an accepted Portuguese translation or certification. Rules vary with the issuing jurisdiction and specific document; confirm before ordering. F4
AIMA uses household weights of 100% for first adult, 50% for additional adult and 30% per qualifying dependent child. The mainland 2026 minimum wage is €920. This yields an illustrative €1,656 per month for two adults plus one child, before case-specific verification. F6, F7
No. For two adults and two dependent children, €1,932 follows the published weighting formula using the 2026 wage, but AIMA still assesses actual resources, documentation and other requirements. F6, F7
It depends on the legal right of occupation, property suitability, number of residents and current AIMA evidence requirements. A hotel booking or informal room claim is not automatically sufficient. F1, F4
The 2025 law sets a nine-month decision period with specified provisions for extensions. This is not a guarantee of appointment or card delivery within nine months. F1
Do not assume so. Law 61/2025 revoked prior deemed-approval provisions. Procedural remedies depend on the facts and require qualified legal advice. F1
The 2025 reform introduced integration obligations involving Portuguese language, constitutional principles and schooling where relevant, with renewal consequences and potential humanitarian exceptions. Check implementation as applicable. F1
In specified situations, an autonomous residence permit may be available, depending on the relationship, timing and circumstances. Seek specialist advice promptly, especially where safety or domestic abuse is involved. F4
Article 98 names Article 90-A residence holders among the waiting-period exceptions, but relationships, documentation and other requirements remain applicable. F1
The 2025 law expressly sets application-in-time rules for proceedings begun after it entered into force. Review the actual filing date, type of proceedings and any later steps before applying new waiting periods retroactively. F1
No private provider controls AIMA’s decisions or appointment system. Be cautious of “guaranteed slot” claims and use documented official booking channels.
We propose a sponsor-permit audit, family eligibility matrix, case chronology, financial and housing assessment, and documentary authenticity/consistency review, with specialist legal referrals for exceptional cases.
No. The general Article 98 rule requires a qualifying residence permit held for at least two years, but statutory exceptions include dependent minors or incapacitated family, a spouse or equivalent who is a parent of a dependent minor/incapacitated person with the sponsor, and family of holders of residence under Articles 90, 90-A and 121-A.
It applies to a spouse or equivalent where the couple cohabited for at least 18 months immediately before the sponsor entered Portugal. The shorter time is not a general benefit for every marriage or partner relationship; contemporaneous records are important.
The statutory exception in Article 98(3)(c) covers family members of residence holders under Article 121-A, among certain other named categories. The exemption does not eliminate relationship, documentary, housing or other eligibility tests.
Using AIMA’s 100% + 50% + 30% + 30% reference scale and the €920 minimum wage fixed for 2026, the illustrative total is €1,932 per month. This is a reference calculation, not a binding guarantee or substitute for assessment of stability, availability and family composition.
Not necessarily. AIMA distinguishes family members outside Portugal under Article 98(1) from family members in Portugal under Article 98(2). The lawful-entry, procedural channel, document, status and scheduling requirements can differ.
No. AIMA currently describes restricted online filing categories and wider availability only as channels are expanded. Do not assume that every applicant can use an online portal or bypass appointments.
Reference labels in the copy map to these sources. Recheck live authority wording, implementing rules and portal instructions immediately before publication or filing.
This page is general educational information. It does not constitute legal, tax, regulated financial or investment advice. Only the competent authorities decide applications.
Authority documents may change. Verify the applicable consolidated law, live AIMA procedure and jurisdiction-specific consular instructions before submitting or making financial commitments.
Start with a route assessment, not a promise. We examine facts, documents, timing and real constraints before discussing the next step.