Residency in Portugal Through Your Child: A Simplified Legal Pathway Under Article 122(k)
Sara Sbai Oliveira | Immigration Consultant
Under the Portuguese Foreigners Law (Law no. 23/2007 of July 4), Article 122, paragraph 1, subparagraph k, establishes a simplified legal pathway for foreign parents of minors who either hold a valid Portuguese residence permit or have Portuguese nationality, and over whom they effectively exercise parental responsibilities. This provision allows eligible parents to apply for a residence permit in Portugal without being required to previously obtain a visa from a Portuguese Consulate in their country of origin.
This procedure falls under Article 122, titled “Authorisation of residence in special situations”. To qualify under this provision, several conditions must be met. The child must be under 18 years of age. The child must either have Portuguese nationality or hold a valid Portuguese residence permit. The applicant must demonstrate that they effectively exercise parental responsibilities, which entail living with the child, providing financial support, and ensuring the child’s care and education, as applicable, depending on the child’s age and schooling stage.
The application is formally submitted to the Agency for Integration, Migration and Asylum (AIMA). Applicants must present supporting documentation for both themselves and the child. After the appointment, AIMA has a legal deadline of 90 days to issue a decision and grant the residence permit.
The initial residence permit is valid for two years and can be renewed for successive periods of three years, provided the eligibility conditions are maintained. It is important to note that Article 122(k) only applies to the initial concession of the residence permit. For instance, the residence permit cannot be renewed under this article once the child reaches the age of 18. However, after five years of legal residency, the applicant may apply for permanent residency and, if other legal conditions are met, for Portuguese citizenship.
The applicant must provide strong evidence that the minor resides with them and is financially dependent on them, thus proving the effective exercise of parental responsibilities. In cases involving divorced or separated parents, or situations where one parent resides abroad, the applicant must submit appropriate documentation clarifying who effectively exercises parental responsibilities. In certain cases, formal documents such as custody agreements or court orders may be required.
If you are a parent in this situation,
legal guidance is often advisable to ensure the proper submission of documentation and to navigate the procedure with AIMA. Our firm is available to assist you throughout the process, from gathering documentation and requesting the AIMA appointment to supporting you until you receive your residence permit.
