I am planning on retiring in Portugal on the D7 Visa with qualifying pension income. I have a child who is currently 16. If I obtain the D7 Visa, can I automatically obtain a residence permit for my child during the first year and subsequent 2-year renewals of my D7 visa? Also, if my child under 18 obtains a residency permit based on family unification, what happens to his residency status when he reaches 18? Lastly, can children over 18 also obtain a residency permit based on family unification?
Thank for any insight.
D7 Residence Visa and Family Unification
AZExpat1965
04 November 2020 18:04:54
4
JohnnyPT
05 November 2020 01:14:45
3854
D7 visa grants the main benefits of residence in Portugal:
- Free entry and movement within the Schengen area, composed of 26 European countries
- Freedom to live in Portugal and, if you wish, to exercise a professional activity there
- Option to obtain the status of non-habitual resident in Portugal (for tax purposes)
- Grant to residents's rights in Portugal, such as education, recognition of diplomas and qualifications, access to the national health service, access to the law / courts
- Once the visa is issued, the closest family members (descendants or ascendants) will also be entitled to enter the residence permit programme, under the "family reunification" rule of the visa holder.
https://imigrante.sef.pt/solicitar/residir/art98-1/
ARTICLE 98, PARAGRAPH 1 - FAMILY REUNIFICATION, WITH FAMILY MEMBERS OUTSIDE NATIONAL TERRITORY
These are all the requirements for your child to be able to live with you in Portugal.
Take particular note of some of the requirements written there:
- The application (or renewal) is always made by the D7 holder under request (it is not an automatic authorisation).
- If the application request is made when your child is under 18 years of age (majority in Portugal = 18), it must be followed by written authorisation from the non-resident parent certified by a Portuguese consular authority (in the USA) or a copy of the decision granting the minor's legal trust to the parent who is resident in Portugal, where applicable.
- If the application request is made when your child is = or over 16: his criminal record certificate must be added to the application request.
- If the application request is made when your child is = or + 18 years of age: a proof of economic dependence and a document of registration at the educational establishment in Portugal are required in the case of adult, unmarried, dependent children.
AZExpat1965
05 November 2020 20:43:28
4
Thank you Johnny, this is very helpful. I have one follow-up question.
If I apply for and obtain a residence permit for my minor (under 18) child, does he have to meet the 18+ (financial dependence, student, etc) upon renewal of the residency permit?
JohnnyPT
06 November 2020 17:54:00
3854
RENEW RESIDENCE IN PORTUGAL
ARTICLE 78.2 - RENEWAL OF TEMPORARY RESIDENCE PERMIT (GENERAL REGIME)
https://imigrante.sef.pt/renovar-residencia/art78-2-rg/
From what I've seen on this link about required documentation, it is mentioned all that, except the school... I can't answer to you with certainty, but by logic, it seems to me that they can require it...
In any case, you should get more information from a Portuguese consulate in the USA.
Additional info:
1. Online Renewal
The application for renewal of the residence permit can be made through the electronic platform of the SEF:
https://www.sef.pt/pt/Pages/pre-marcacao-online.aspx
2. Application for Family reunification
If the application for family reunification (made by a family member, in this case your child) is authorised, a residence permit of the same duration as that of the resident (i.e. you) is granted.
If you already have a permanent residence permit (note 3), for your family member is issued a renewable residence permit (for three years). After that period, and
- if such family ties persist or,
- regardless that period, if the holder of the right to family reunification (you) has minor children residing in Portugal,
the members of your family are entitled to an autonomous residence permit, valid for three years.
3. What is a permanent residence permit?
https://www.acm.gov.pt/pt/-/o-que-e-e-q … irect=true
The permanent residence permit (ARP - autorização de residência permanente) is a residence permit allowing foreign nationals to reside in Portugal for an indefinite period.
To apply for a permanent residence permit the following requirements are necessary:
- They must have held a temporary residence permit for at least 5 years;
- During the last 5 years of residence in Portugal they have not been sentenced, in penalties or sentences which, individually or cumulatively, exceed one year's imprisonment, even if their execution has been suspended;
- They have means of subsistence;
- They have accommodation;
- They have to prove knowledge of basic Portuguese (It is an exam taken at a Portuguese university which, for those who have been living in Portugal for 5 years, it is quite affordable, just to check your knowledge of basic Portuguese)
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