# Non-EU spouse residence card Portugal



## jgjgjgjg (Mar 18, 2017)

Hi there,
I am a dual nation - EU passport holder (British citizen) as well as Australian passport holder and citizen. My husband is an Australian passport holder and citizen.

We are intending to travel to Italy and Portugal for 3 months (thereby meeting the 90 day maximum Schengen stay for my husband). 

We would like to stay longer in Portugal (at least for another 2-3 months) but we are unsure what the options are. We have read quite a bit online but it's still not clear to us. Is it possible for my husband to apply for a residence card based on my EU (UK) passport? Does this come under the family unification?

We have also read about attaining residency through proving sufficient funds. Any advice is greatly appreciated. 

Many thanks.


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## Pgmills (Jan 19, 2015)

Very simple. You register as an EU citizen here for more than 3 months and your husband piggybacks on your situation by applying as a third country partner of an EU citizen. SEF.pt/EN should set you straight on the process.


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## jgjgjgjg (Mar 18, 2017)

Thanks very much for your reply, Pgmills. 

I have a few other questions, if you or others wouldn't mind sharing any knowledge you have:

1. Would he be applying for the residence card? Is that the option you refer to?
2. On the form it asks for a Permanent address. Do we have to wait until we have a permanent address in Portugal to apply? We will be staying in mostly AirBNBs for month-long stays in the beginning.
3. If we wait more than 2 months to apply for his residence card, he will be going over his maximum Schengen stay - does this matter if his application is in process?
4. Does the residence card go inside his passport? Does he have to send it away for the application process or is it separate?

Many thanks again.


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## Pgmills (Jan 19, 2015)

Register yourself as soon as you arrive using your first address. The Balco Unico in your first city will help you with that and the process for your husband.
He will not need to surrender his passport.


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## travelling-man (Jun 17, 2011)

Pgmills said:


> *Register yourself as soon as you arrive using your first address. *The Balco Unico in your first city will help you with that and the process for your husband.
> He will not need to surrender his passport.


I'm not sure what you mean by that? - But one is supposed to wait for 3 months before obtaining the initial 5 year Residencia but that aside I'd think the way to do it would be to get the 5 year Residencia & then apply to SEF for his permit under reunification of family but of course, one should also bear in mind that Portugal often suffers from 'variable bureaucracy' where individual civil servants often interpret the rules as they see fit & I'd be inclined to visit the nearest Portuguese Embassy for advice before leaving the home country. (Oz?)

As to address, I think you can use a lawyer's office for that but again, if visiting the embassy one could also check on that at the same time. - I'd suggest taking the marriage certificate and as much other confirming paperwork along just in case.


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## Pgmills (Jan 19, 2015)

travelling-man said:


> I'm not sure what you mean by that? - But one is supposed to wait for 3 months before obtaining the initial 5 year Residencia but that aside I'd think the way to do it would be to get the 5 year Residencia & then apply to SEF for his permit under reunification of family but of course, one should also bear in mind that Portugal often suffers from 'variable bureaucracy' where individual civil servants often interpret the rules as they see fit & I'd be inclined to visit the nearest Portuguese Embassy for advice before leaving the home country. (Oz?)
> 
> As to address, I think you can use a lawyer's office for that but again, if visiting the embassy one could also check on that at the same time. - I'd suggest taking the marriage certificate and as much other confirming paperwork along just in case.


As per my original reply. The EU citizen registers with the Camera where they are staying to begin with and subsequently the spouse apples to SEF as a third country relative of an EU citizen. 
One does not need to wait three months before applying. Registration can be made if you intend to be here for more than three months. 
I agree that a trip to the Portuguese embassy in the current country of residence might help to confirm the best approach though.


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## travelling-man (Jun 17, 2011)

Pgmills said:


> As per my original reply. The EU citizen registers with the Camera where they are staying to begin with and subsequently the spouse apples to SEF as a third country relative of an EU citizen.
> One does not need to wait three months before applying. Registration can be made if you intend to be here for more than three months.
> I agree that a trip to the Portuguese embassy in the current country of residence might help to confirm the best approach though.


your area has very different rules to mine then because in my area you're not only allowed but expected to wait for 3 months and only then can you either leave or apply for the initial 5 year residencia....... there's no such thing as 'registering' before that time. 

Perhaps another reason to seek guidance from the nearest Embassy or High Commission (preferably in writing) before departure?


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## Pgmills (Jan 19, 2015)

Yes. I can only speak from my own experience. Moved here 22/4/15 and obtained certificate of registration 18/5/15. 
As an aside I always find it useful to use the wording "certificate of registration" rather than 'residencia' when referring to EU citizens as it avoids confusion with residence applications.


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## travelling-man (Jun 17, 2011)

I came to (central) Portugal in September 2011 & since then have helped more than 20 people get their paperwork etc sorted out & in every case it's been done as I stated.

But perhaps the differences are examples of the 'variable bureaucracy' I mentioned & maybe also why one should seek advice from the local Embassy or High Commission before leaving home.


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