The Right to Stay: Article 15 Residence Cards for Family Members of EU Citizens – Including Civil Partners

Portugal continues to stand out as one of the most accessible and welcoming EU countries for foreign nationals seeking residency. Among the many immigration pathways available, Article 15 of Law no. 37/2006, of 9 August provides an important route for non-EU family members of EU – as well as citizens of Iceland, Liechtenstein, Norway, Switzerland (member and partner states of the European Free Trade Association, the “EFTA”) and Andorra – to live in Portugal, benefiting from the right of residence and visa-free travel across the Schengen Area.

This legal framework transposes the EU Free Movement Directive (Directive 2004/38/EC) and upholds the principle that EU citizens have the right to be accompanied by their close family members, even if those family members are not themselves EU or EFTA nationals. This includes spouses, children, dependent relatives, and, importantly, partners in a civil union. In Portugal, these rights are also granted to the families of Portuguese citizens, provided the Portuguese national resides in the country.

A key feature of Article 15 is its recognition of civil partnerships (uniões de facto), which allows couples who are not married to benefit from the same rights as spouses, provided they can prove that their relationship is stable and lasting. This typically involves demonstrating at least two years of continuous cohabitation, although exceptions may apply, particularly in cases involving shared children or other compelling circumstances. This inclusive approach opens the door to many non-EU nationals in long-term relationships with EU, EFTA or Portuguese citizens who might otherwise be excluded in jurisdictions that recognize only formal marriage. Each application is reviewed individually, and the strength of the supporting documentation plays a key role. In practice, Portuguese immigration authorities are generally receptive to well-prepared applications that demonstrate a genuine, committed partnership – making this route a viable and important option for many couples who, for personal or legal reasons, have chosen not to marry but live as a family unit.

Once in Portugal, the EU or EFTA citizen must initiate the process by registering their presence with local authorities and obtaining a CRUE certificate (Certificado de Registo de Cidadão da União). This confirms their residence in Portugal and is a prerequisite for the family member’s application. For Portuguese citizens, no CRUE is needed – their residence is presumed if they hold a valid citizen card and live in Portugal.

After this, the non-EU family member can submit the application for the residence card under Article 15 to AIMA, the Portuguese immigration authority. The request must be made in person, and once submitted, the individual is allowed to remain legally in Portugal while the process is underway. Processing times can vary, but applicants are typically permitted to stay until the residence card is issued.

Although individuals in a civil partnership may still apply for legal residency through other visa routes – such as the D7 (for passive income), D2 (for entrepreneurship), or D1 (for employment) – applying under Article 15 offers several significant advantages. Most notably, the process is simpler, faster and more cost-effective.

Unlike D visas, which require obtaining a visa from a Portuguese consulate before entering the country, those applying under Article 15 can usually enter Portugal as visitors and remain while the application is pending. This allows families and couples to stay together, avoiding lengthy separations and travel restrictions – a particularly relevant point given the backlogs at many consulates.

The financial requirements are also much more accessible. While D visas require proof of specific income levels, savings or business activity, Article 15 is based on the right to family unity and does not impose a fixed income threshold. Additionally, there is no requirement to present a criminal record, which is often difficult to obtain in some jurisdictions.

The government fee is also much lower. The current fee for the Article 15 residence card is just €33, paid once at the time of issuance. This contrasts with the D visa process, which typically involves paying once at the consulate and again in Portugal, making Article 15 a much more affordable alternative.

Another advantage is the five-year validity of the initial residence card, offering long-term stability without the need for frequent renewals. After this period, the holder may qualify for permanent residence and may also become eligible to apply for Portuguese citizenship.

It is important to note that, under current law, individuals who hold a residence permit under Article 15 may apply for citizenship after five years of legal residence. However, this rule is currently under discussion. The Portuguese Parliament is debating a proposal to extend the minimum residence period to seven years for CPLP nationals and ten years for all other applicants, including family members of EU and Portuguese citizens. The final vote is expected in September 2025, and if the law is approved, it could significantly impact naturalisation timelines. For this reason, those who are already eligible under the current five-year rule are strongly encouraged to apply as soon as possible.

Portugal remains one of the most inclusive and pragmatic countries in the EU when it comes to protecting family unity – including civil partners. However, applicants must be mindful of delays at AIMA and ensure their application is complete and well-documented. Advance legal guidance can be essential to a smooth and successful process.

At LVP Advogados, we regularly assist Portuguese, EU and EFTA citizens – as well as their non-EU family members – with Article 15 residence card applications. If you’re unsure whether you qualify, or want advice tailored to your situation, our team is here to help.