# NON EU national married to an EU National getting resident card in Portugal



## betelnutz (Jun 19, 2015)

Hi,

I would like some information about moving to Portugal and obtaining a resident card (Residência) to live. 

I am a NON EU National from the USA and my wife is an EU national she is from Croatia. We are currently living in China and have lived here for the past 9 years.

We would like to move to Portugal to live but do not know what is required to get a resident card (Residência) in Portugal so that we can live there.
We will not work in Portugal as we plan to buy some apartments to rent and live from the income on the rental apartments. So we will not have jobs in Portugal.

It appears there are two ways to do this. These are the options I found after my internet research…

#1 We just go to Portugal and after 3 months I would apply for the resident card (Residência) in Portugal as a non EU national married to my wife who is an EU national. This process is outlined on this page.
Registering your non-EU family members in another EU country - Portugal

#2 I apply for a Schengen Visa before we leave our current country of China and then after we arrive in Portugal I apply for the resident card (Residência). This process is outlined on this page.
Schengen Visa Application Requirements

I am confused on what is the correct method for our situation, can you please explain the process to me.

Thank you for your help.


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## travelling-man (Jun 17, 2011)

As with many things here the rules often change depending on how individual bureaucrats decide to interpret the rules so I'd suggest the first thing you do is contact the Portuguese Embassy in Beijing & ask them........ and get everything in writing.

Then if you comply with what they tell you to do, you should find things a whole lot easier.


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## Strontium (Sep 16, 2015)

If you are honestly thinking of doing this then rather than just dreaming you do need to spend time (months at least) here before deciding rather then just doing endless interweb searches thinking that constitutes research and being seduced by the pictures it produces. If you will be buying properties, one to live in and several others to rent out then you'll probabily be in the category below and will have already been in contact with current Portugese lawyers and accountants to go through the basic tax liabilities etc of owning + renting property here. If your idea is to pick up many cheap renovation property and "fix them up" and rent them out, as many a foreigner have tried before, you are naïve. 




Golden Visa Portugal - Home


PROPERTY 

Any Property Purchase 

€ 500,000

Urban Renewal

€ 350,000

ADVANTAGES AND BENEFITS OF THE PORTUGUESE GOLDEN VISA



Straightforward and flexible investment requirements

Extremely low minimum stay requirements - 7 days first year and 14 days following periods of 2 years

Fully extensible to family members (with no further investment requirements)

Freedom to travel to all European countries members of the Schengen area

Possibility of Permanent Residency after 5 years and nationality after 6 years

No limitations on ownership of the selected investment

No limitation on subsequent investments or employment opportunities

Very limited number of documents required

Residency applications quickly processed

Access to all Portuguese Public Services, including health and education


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## betelnutz (Jun 19, 2015)

I am aware of the all taxes and have been in contact with a lawyer regarding that.

We are not going the golden visa route as it is not required due to me being married to an EU citizen. 
We are not buying fixer uppers either do not want anything to do with that mess.
We will buy our own house in the country to live in and other turnkey apartments in Lisbon as rentals. 

I have been to Portugal already and have many friends who are from there and live there and really like the lifestyle, people and the country that is why we are relocating.

I have also gone to the consulate already and spoken to them, they said to get a Schengen visa before going. However the lawyer I spoke with said it is not required as I a married to en EU national I have the right to just go there and apply for residence based on that.

It is allot simpler to do it that way rather than go through the Schengen visa process however since I have 2 different parties telling me different things I thought I would ask here to get more information from anyone that may have it.

Thanks for the feedback.


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## travelling-man (Jun 17, 2011)

Betelnutz

There does certainly seem to have been confusion about non EU passport holders married to EU passport holders in the past but I get an idea that a few months someone here posted the rules had recently changed & that they do now simply have the right and no longer need the Schengen Visa.......... but you're going to have to use the search function to try to find it because I can't remember who posted it........ sorry. 

You would however be well advised (before you enter Portugal) to get an apostille attached to your marriage certificate stating your marriage is legal in the country it took place in........ without that, it'll be a royal PITA to get your residencia.


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## betelnutz (Jun 19, 2015)

travelling-man said:


> Betelnutz
> 
> There does certainly seem to have been confusion about non EU passport holders married to EU passport holders in the past but I get an idea that a few months someone here posted the rules had recently changed & that they do now simply have the right and no longer need the Schengen Visa.......... but you're going to have to use the search function to try to find it because I can't remember who posted it........ sorry.
> 
> You would however be well advised (before you enter Portugal) to get an apostille attached to your marriage certificate stating your marriage is legal in the country it took place in........ without that, it'll be a royal PITA to get your residencia.


Great thanks for the advice, one thing to our advantage is that we live in Macau China a former Portuguese colony and we got married here 4 years ago. So our marriage certificate is in Portuguese and Chinese so it will not require any official translation. We will certainly make sure to get an apostille. I will see what I can find with the search function as you suggested.


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