Portugal family reunification rules after Lei 61/2025
Lei 61/2025 makes Portuguese family reunification a right after two years on a residence permit, with exemptions for children and a nine month AIMA decision.
Since 23 October 2025, a foreign resident in Portugal has a right to family reunification only after holding a valid residence permit for at least two years. Lei n.º 61/2025 sets exemptions for dependent children and the other parent of such a child, limits filing inside Portugal, and gives AIMA nine months to decide.
The failure mode: filing at AIMA for a relative whose visa lapsed
A worker files reunification at AIMA for a spouse who is already in Portugal but whose visa has expired. Article 103(2) of Lei 23/2007, as amended, admits filing inside the country only for the exempt relatives of article 98(3) who entered legally and remain lawfully present on the application date. A spouse with a lapsed visa fails the second condition. The application has to go through a consulate, and the nine month decision clock of article 105 starts again from that filing.
The same trap catches holders of the qualified job seeking visa. Under article 57.º-A(3), a holder who has not started work and regularisation by the time the visa expires must leave Portugal and may apply for that visa again only after one year. Lawful presence ends with the visa, and the in country route ends with it.
What changed on 23 October 2025
Lei n.º 61/2025 was published on 22 October 2025 in Diário da República n.º 204 and took effect the next day. It amended articles 57.º-A, 98.º, 99.º, 101.º, 103.º and 105.º of Lei 23/2007, the Foreigners Law. Under article 8, the amended rules apply only to administrative procedures and court cases started after 23 October 2025.
Article 6(2) opened a transitional window of 180 days from 23 October 2025. During it, sponsors could apply under the former article 98 for relatives who had entered legally and were already in Portugal. That window has closed, so every new file follows the amended text.
The full text is in the Diário da República publication of Lei 61/2025, and the base law is in the consolidated Lei 23/2007.
Waiting periods and exemptions by relative
| Relative or sponsor | Required permit period | Provision |
|---|---|---|
| Any family member, general rule | at least two years | Article 98(1) |
| Spouse or partner who cohabited at least 18 months before entry | 15 months | Article 98(2) |
| Dependent minor or incapacitated child | none | Article 98(3)(a) |
| Spouse who is the other parent of such a child | none | Article 98(3)(b) |
| Family of holders of permits under articles 90, 90-A or 121-A | none | Article 98(3)(c) |
| Exceptional case by reasoned ministerial order | waived or shortened | Article 98(4) |
Article 98(4) lets the government member responsible for migration waive or shorten the period in exceptional cases. The order must be reasoned and weighs family ties and integration. Article 98(4) is discretionary and gives the applicant no filing right, so a relocation plan should assume the full period applies.
For spouses, article 99(6) adds a condition of its own: the marriage or civil partnership must be valid under Portuguese law, and both partners must be at least 18 on the application date.
The sponsor's file and the conditions after arrival
Article 101(1) requires the sponsor to prove two things: housing considered normal for a comparable family in the same region, and means to support every family member without social benefits. For an employer, this is where its documents enter the file. A current employment contract and payslips carry the means test, and employer provided housing has to meet the comparable family standard for the whole household, not only the worker.
The obligations continue after the permit is issued. Under article 101(3) and (4), reunified relatives must complete Portuguese language and constitutional values training. Renewal of their permits depends on proof of that training and of no reliance on social benefits.
A calendar for the employer
The amended law produces a predictable sequence for a worker who arrives without family.
- Day 0: the worker receives a residence permit, for example after the D1 route described in the D1 work visa and AIMA guide.
- Month 15: earliest filing for a spouse who cohabited with the worker for at least 18 months before entry.
- Month 24: earliest filing for other family members under the general rule.
- Filing plus up to nine months: AIMA decision under article 105, with no extension for files under article 98(1) and (2).
A worker with a dependent child skips steps 2 and 3 for that child and for the child's other parent. Recruitment plans for South Asian corridors, covered in the Portugal work visa guide for Nepali workers, should state this calendar in the offer, so that the worker plans family arrival around the article 98 periods.
Employers recruiting for Portugal can publish roles on the Werklist job board.
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