# Looking for advice on length of stay in Portugal



## Rob_Brice (Aug 6, 2016)

I’m a UK citizen married to an EU citizen and I currently hold a long term residence permit for another EU country.
My wife recently obtained her for certificate of registration and residency certificate for Portugal.
I’m awaiting an appointment with SEF (which seems virtually impossible these days) in order to obtain my documents based on marriage to an EU citizen.
Given these circumstances, how long can I remain in Portugal? Does the 90 out of 180 days rule still apply, and if so is there any way to apply for an extension because of the delay due to the inability to get an appointment with SEF?
Thanks in anticipation.


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## proud.to.be.EUROPEAN (Feb 14, 2020)

SEF - Serviço de Estrangeiros e Fronteiras


Portal do Serviço de Estrangeiros e Fronteiras




www.sef.pt


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## Rob_Brice (Aug 6, 2016)

Thanks. I know which permit to apply for, but the problem is the inability of getting an appointment with SEF to make the application - and in the meantime the 90 day clock keeps ticking. My question is that since it’s impossible to get the appointment is there any way around the 90 day rule?


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## proud.to.be.EUROPEAN (Feb 14, 2020)

Rob_Brice said:


> Thanks. I know which permit to apply for, but the problem is the inability of getting an appointment with SEF to make the application - and in the meantime the 90 day clock keeps ticking. My question is that since it’s impossible to get the appointment is there any way around the 90 day rule?


You must have documented evidence of contacting SEF to make appoinment request. I.E. auto reply email from SEF to your request. There is grace period of stay extension until end of this year. It is possible that period will be extended.
Check SEF site frequently for latest info, they also have FB page which more up to date.


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## Rob_Brice (Aug 6, 2016)

Thanks, I will keep the evidence of my attempts to contact SEF just in case they don’t extend the grace period.


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## hktoportugal (Feb 25, 2019)

Hi,
I was in a similar position a few years back and had a few interactions with a very helpful inspector at SEF prior to moving to Portugal. As I was unable to make an appointment with SEF while I was still abroad I asked him about the Schengen visa validity if an appointment was not made in time.

He wrote me the following: 
“_The possession of the registration certificate referred to in Article 14, the permanent residence certificate, a certificate stating that a family member holds a residence card, is in no case a prerequisite for the exercise of a right or the fulfillment of an administrative formality, because the status of beneficiary of the rights of residence under the present Law may be attested by any other means of proof_.” (Law 37/2006, article 21).

This means that in the day your marriage was recognized by an EU authority, your wife and daughter gained all the rights and privileges that a Residence Card would grant them (under the EU Directive nr. 2004/38/CE – April 29th, by the European Parliament and the European Council).

So, they can stay in Portugal even after the visa expires, as long as they reside here with you. That said, the appointment will be necessary, because they must request that residence card, anyway. There’s a fine if they don’t do it within 120 days.


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## Rob_Brice (Aug 6, 2016)

Thanks for all your replies. I finally managed to get my SEF appointment at the beginning of February, under article 116 - it seems that depending on the category of application there are some free slots available.


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## bubulac (Sep 12, 2021)

Rob_Brice said:


> Thanks for all your replies. I finally managed to get my SEF appointment at the beginning of February, under article 116 - it seems that depending on the category of application there are some free slots available.


Hi Rob,
May I ask, how did you get your SEF appointment? (Obviously, I am pretty much in the same situation with you - or rather my family members are)
Thanks,
Cristian


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## Rob_Brice (Aug 6, 2016)

Hi Cristian
The appointment generally went fine, they took my biometric details and accepted most of the documents. However, it seems each local SEF office have their own interpretation of the rules. For example, despite an EU regulation stating that an EU country must automatically accept an official document from another EU country, this SEF office demanded a apostille stamped translation. They also wanted random stuff like my boarding pass from my entry flight into Portugal. So I left with a letter giving me 20 days to submit these additional documents - a bit annoying, and I’ve since consulted an immigration lawyer who is following up with the SEF office since they confirm I submitted everything correctly.


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## bubulac (Sep 12, 2021)

Rob_Brice said:


> Hi Cristian
> The appointment generally went fine, they took my biometric details and accepted most of the documents. However, it seems each local SEF office have their own interpretation of the rules. For example, despite an EU regulation stating that an EU country must automatically accept an official document from another EU country, this SEF office demanded a apostille stamped translation. They also wanted random stuff like my boarding pass from my entry flight into Portugal. So I left with a letter giving me 20 days to submit these additional documents - a bit annoying, and I’ve since consulted an immigration lawyer who is following up with the SEF office since they confirm I submitted everything correctly.


Thanks for the details. But how did you actually get the appointment? Did you phone? Through a lawyer? Online?...


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## Rob_Brice (Aug 6, 2016)

After trying unsuccessfully many times myself, I eventually engaged a lawyer who arranged the appointment online. Apparently, there are slots available depending on which route you take, and lawyers are best placed to navigate the system.


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## bubulac (Sep 12, 2021)

How much would such a lawyer cost? I read online accounts of around 300 Euros...


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## Rob_Brice (Aug 6, 2016)

It depends - if you just want an appointment arranged and a quick review of your documentation or a full service. For the former 300 Euros is about right.


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## bandanna (3 mo ago)

Rob_Brice said:


> It depends - if you just want an appointment arranged and a quick review of your documentation or a full service. For the former 300 Euros is about right.



Hi Rob, thanks for sharing Article 116 info, I'm following the same path. I wonder if they needed to see rent/lease contract and most important whether the took you other EU PR card? ... in other words, did they switch the card to a Portuguese one with the same duration or just gave you a Portuguese one in parallel?


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## Rob_Brice (Aug 6, 2016)

Apologies I missed your post.
From memory they wanted to see a lease contract/deed of ownership, but were not interested in seeing my other EU PR card. The Portuguese card was issued independently of the other residence permit, and is valid for five years from the date of issue.


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