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What is the eligibility for permanent residency for an 18 year old child studying 5 years in Portugal while the parents are on D7 for same period?

The parents are on a D7 retirement visa (Temporary Residency) in Portugal for 5 years and along with them they have their 18+ years child. The child is on a family reunification based Temporary Residency and is a student pursuing education in Portugal. Is the child eligible for permanent residency after he pursues 5 years of study in Portugal while the parents maintain their TRC for the same period?


Answers
  • NEXT/Gali Macedo & Associados
    July 19, 2021

    The main criteria that must be fulfilled in order to apply for a permanent residency permit is to legally reside in Portugal for a period of five years (counted from the date when their first residence cards were issued), independently on the kind of temporary residence permit the applicant might have at the time. A such, both the parents (with D7 visas) and the child (whose visa was issued under family reunification) may apply for the permanent residency once the referred time period is fulfilled.

  • N-Advogados
    July 19, 2021

    The family reunification status is the best option suited to your requirement. Family members of a person with a residence permit (obtained through the D7 visa) are also entitled to residence permits, based on the family reunification status. Family reunification works in the following way: a person who obtains a residence permit to live in Portugal (whether for study, work, investment, etc.) is entitled to regroup close relatives or those under their responsibility. After placing the order (if everything is fine), family members are also allowed to live in the country and can even work if they want. Who is entitled to family reunification in Portugal? Family members of a person who have obtained a residence permit to live in Portugal are entitled to reunification. It is incumbent upon the holder of the right to family reunification to request SEF the entry and residence of his/her family members, whenever they are located outside the national territory. Whenever family members are in national territory, family reunification may be requested by them or by the holder of the right. Not everyone in the family is entitled to request family reunification. For the SEF (Foreigners and Borders Service), the body responsible for requests for family reunification and residence permit, the family members who can request reunification are: spouse or partner of the person who has a residence permit; minor children of the couple or one of the spouses/partners; minors adopted by the applicant or by the spouse/partner; older children of the couple or of one of the spouses/partners, as long as they are single and study in Portugal; parents of the resident or his/her partner/spouse, if they are his/her responsibility; minor siblings, as long as they are under the resident's guardianship.