# Residency Permit via PT Spouse Questions



## Kirbyamour (Sep 25, 2014)

Hello everyone, 

I am an American passport holder married to a Portuguese citizen. We lived in the UK but now are making the shift to PT. I can't seem to find much clear information online about joining a PT citizen. All is directed at EU peoples or people holding residency cards residing in PT and want to have their families join them. 

The information I have found seems simple enough but I want to know if any of you have actually been through this process yourself? From what I can find online: 

1) As I'm non-eeu I'll enter the country with a visitors permit 

2) Then after 3 months within the following 30 days, I file for my 5-year residency card (do I need to wait 30 days or can I do this right away upon arrival?)

From what I found these are the only things I will need to provide: 

1.a valid non-EU citizen's passport
the valid identity document of the citizen they are accompanying or joining
2 standard passport photos with a white background
photocopies of pages showing international travel taken from a valid, up-to-date passport
proof of dependent family members (if applicable).
For spouses, the full birth certificate or marriage certificate must be provided.


My question is this process seems overly simple for a system known to be difficult. Do I not need to provide income proof and residency proof since my husband is a citizen? Any of you been through this process already? 

Many thanks,


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## travelling-man (Jun 17, 2011)

It's actually a fairly simple procedure.

Your Portuguese husband obviously has the right to reside & (presumably) also a fiscal number etc & you can enter on a Schengen visa. 

Once in Portugal, your husband (asap) emails the SEF office for whatever area you're in & asks for an appointment for you to get residency under the 'reunification of family' rules & in that same email asks what documents etc you need to bring with you & also tells them when your Schengen visa expires. 

They'll reply with a time/date for your appointment & if that's after your visa expires (and it very possibly will be) an extension to the visa. 

Note: In your case, residency is a right that cannot be refused not a privilege to be applied for & granted.


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## Kirbyamour (Sep 25, 2014)

travelling-man said:


> It's actually a fairly simple procedure.
> 
> Your Portuguese husband obviously has the right to reside & (presumably) also a fiscal number etc & you can enter on a Schengen visa.
> 
> ...


Thank you for the information!

So this is where it gets complicated. My husband and I have split up and he has moved back to PT, and I'm at risk of losing my UK status because of this. Seems I can file for this card being we're still married on my own? I'll have his ID in hand. But does he need to do the application or can I?


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## travelling-man (Jun 17, 2011)

Kirbyamour said:


> Thank you for the information!
> 
> So this is where it gets complicated. My husband and I have split up and he has moved back to PT, and I'm at risk of losing my UK status because of this. Seems I can file for this card being we're still married on my own? I'll have his ID in hand. But does he need to do the application or can I?


That's a VERY different situation & reunification of family obviously won't work & as you seem to be wanting to remain in the UK not Portugal it has nothing to do with Portugal............... even more so as UK is outside the Schengen zone & Brexit is also looming. 

Therefore you need to be asking the UK authorities if it's possible for you to retain residency in the UK & my guess is it might be complicated.......... That said, one thing you might like to research is the fact that the UK is a signatory of the 1969 Vienna Convention (enacted 1980) & Article 70(?) of which and the Acquired Rights issue seems to suggest that once someone is domiciled in a signatory state then they have the right to remain. 

It's a burger of a thing to read so good luck with it.


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## Kirbyamour (Sep 25, 2014)

No I don't want to remain in the UK as it's seeming like it will be a big headache to accomplish. I'm looking to go to Portugal now too, then stay for the 6 years to claim the citizenship for my daughter and myself. 

I'm only wondering if I can go and apply for the 5 year permit on my own (with my husband's ID for the application) or I will need his cooperation in this process? You mentioned my husband needing to call SEF, can I call, go, and apply for my rights in PT being we are still married and were in a valid and real marriage? 

I know moving to a new country where I know few people is scary but I'm willing to do what I need to protect my daughter in this situation.


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## Kirbyamour (Sep 25, 2014)

Also seems the 'reunification of family' rules apply to only people holding residency permits - not citizens having their family join them - am I wrong there? Seems I just get the residency card as you said because it's my right via my husband?


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## travelling-man (Jun 17, 2011)

Frankly, I think you're probably flogging a dead horse but you could try looking at the Government immigration website at sef.pt to see what suits your exact circumstances best & I wish you luck.


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## travelling-man (Jun 17, 2011)

Kirbyamour said:


> *Also seems the 'reunification of family' rules apply to only people holding residency permits - not citizens having their family join them - am I wrong there?* Seems I just get the residency card as you said because it's my right via my husband?


Yes you are wrong. Reunification of family applies to all residents of PT whether citizens or not but as you've split up from your husband then I think they'll take the attitude that the family isn't reunifying but check on sef.pt


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## Naaling (Apr 9, 2015)

Kirbyamour said:


> No I don't want to remain in the UK as it's seeming like it will be a big headache to accomplish. I'm looking to go to Portugal now too, then stay for the 6 years to claim the citizenship for *my daughter *and myself.
> 
> I'm only wondering if I can go and apply for the 5 year permit on my own (with my husband's ID for the application) or I will need his cooperation in this process? You mentioned my husband needing to call SEF, can I call, go, and apply for my rights in PT being we are still married and were in a valid and real marriage?
> 
> I know moving to a new country where I know few people is scary but I'm willing to do what I need to protect my daughter in this situation.


Is your husband the father of your daughter? 
If he is then your daughter has a right to Portuguese citizenship. 
If you move to Portugal with your daughter, then you will have the right to residency as a sole parent supporting a child who is a Portuguese citizen.


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## Strontium (Sep 16, 2015)

Do you have sole responsibility for your child? Was your child born in UK/has UK birth cert/UK passport? 

Have you and your child lived in the UK for more then 7 years?

If so was this also registered with the PT authorities if the father is a PT citizen at the time of the birth?


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## Ukkram (Aug 21, 2018)

After my wife applied for PR two SEF officials arrived unannounced at my door. My wife was in the bedroom and they insisted to see her. When she finally emerged they merely thanked us and left. We were under the impression that they wanted to see the condition of our home and if we really live together.


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