What to Do When Your Family Reunification Visa (D6) Is Still Pending in Portugal
Margarida Tempera | Lawyer
The D6 visa, formally known as the residence permit for family reunification under Portuguese immigration law, is one of the most important tools for preserving family unity and dignity.
According to Article 98 of Law No. 23/2007 of 4 July, this residence permit enables foreign nationals legally residing in Portugal to bring close family members to live with them, whether these relatives are abroad or already in Portuguese territory.
Under the law, foreign residents holding valid residence permits are entitled to be joined by certain family members, including spouses, civil partners, minor or dependent children, and ascendants in the first degree. This right applies when the family member is outside the country or has already entered Portugal legally and cohabits or depends on the sponsor.
While the legal right to family reunification is established, delays in administrative decision-making continue to undermine its effectiveness, as when months pass without any response from the competent authority, applicants often find themselves in a state of legal and personal uncertainty. Fortunately, Portuguese law provides a specific judicial remedy for such situations, allowing individuals to request a court order compelling the Administration to issue a timely decision.
The application for family reunification must be submitted to the Portuguese Agency for Integration, Migration and Asylum (AIMA), and the process includes providing documentation proving the relationship, legal entry, cohabitation or dependency, as well as proof of housing and means of subsistence.
Once the applicant collected the respective biometric data before AIMA, the competent authority is legally required to issue a decision within a maximum of 90 days, following Article 82, No. 5 of Law No. 23/2007 and this timeframe is not merely indicative but constitutes a legal obligation imposed on the Administration to ensure predictability and legal certainty in matters directly affecting family life and residency rights.
However, in practice, many applicants do not receive a decision within this period, despite having complied with all formalities and submitted the required documentation. This inaction can have serious consequences for the individuals concerned, since without a valid residence title, applicants may be unable to renew their passports at consulates, travel to visit family members abroad without risking re-entry restrictions, access healthcare, open bank accounts, sign service contracts, or regularise their tax and social security status in Portugal. These limitations interfere with basic rights and expose the individual to prolonged instability.
In such cases, Portuguese administrative law allows the affected person to initiate a legal action known as Subpoena for the Protection of Rights, Freedoms, and Guarantees, provided for in Article 109 of the Code of Procedure in Administrative Courts. This mechanism can be used not only when the residence card has not yet been issued, but also in situations where no appointment for biometric data collection has been scheduled within a reasonable time.
This special judicial mechanism enables the applicant to obtain a court decision ordering the public authority to fulfil its legal duty to decide on the pending application or to schedule an appointment to collect the biometric data before AIMA and may be filed when the delay is unreasonable and the matter at stake involves fundamental rights, such as the right to family unity, legal certainty, health, personal dignity or free development of personality.
To initiate this procedure, it is necessary to demonstrate that:
- A valid application for family reunification has been submitted.
- All supporting documentation has been provided.
- The legal deadline has expired, and
- The ongoing administrative silence is harming rights recognised under the Portuguese Constitution or European fundamental rights instruments.
This judicial mechanism is distinct from an ordinary administrative lawsuit and from precautionary measures, as it is designed to obtain a final, not provisional, decision and is intended specifically for cases in which the urgency of the matter justifies immediate intervention by the court to ensure effective protection of rights.
In contrast to traditional litigation, the subpoena is resolved on an urgent basis and often without the need for a lengthy evidentiary phase, provided that the documentation is complete and that the delay is evident.
The Portuguese Constitution recognises the right of all individuals to good administration, to legal certainty, and the protection of family life and human dignity. The absence of an administrative decision within the legally established timeframe violates these constitutional principles, particularly when it affects persons who have entered the country legally, are cohabiting with their families, and have complied in full with the obligations imposed by immigration law. The delay must be seen not as a mere bureaucratic lapse, but as a breach of legal obligations with concrete consequences.
Moreover, the law does not grant the Administration discretionary power to indefinitely postpone decision-making, as the exercise of discretionary power must be within the limits of reasonableness and legality.
Where the legal requirements for family reunification are fulfilled and no formal obstacles exist, there is no legal justification for silence or prolonged inaction.
But remember, the subpoena does not require the applicant to seek compensatory damages or a declaration of rights, its only purpose is to ensure that a decision is made, which reflects the preventive nature of the mechanism: rather than litigating the content of the decision, the focus is on enforcing the duty of the Administration to respond and thus preserve the applicant’s legal position, being a remedy suited to urgent and sensitive matters where the absence of a decision is itself a source of harm.
In the context of family reunification, this harm is both legal and human, as prolonged uncertainty destabilises families, hinders integration, and leaves individuals exposed to a precarious existence without the protection and predictability that a residence permit provides.
It also undermines the effectiveness of immigration law and the credibility of public institutions.
Individuals who have submitted a request for family reunification and completed the respective biometric data collection before AIMA and are still awaiting a decision beyond the 90-day legal deadline should be aware that they are not required to wait indefinitely, since Portuguese law provides a legal path to demand accountability and resolution.
A legislative amendment restricting family reunification has recently been approved by the Portuguese Parliament.
According to the proposed revision, only foreign nationals who have held a valid residence permit for at least three years would be entitled to request family reunification with extended relatives; however, this amendment has not yet entered into force, as it is currently pending review by the Constitutional Court. As such, it does not affect pending applications, and the legal framework currently in force remains governed by Article 98 of Law No. 23/2007, of 4 July, which imposes no time restriction on the sponsor.
With proper legal support, it is possible to file a request before the competent administrative court, asking for a mandatory decision to be issued, thereby restoring legal certainty and allowing the applicant to enjoy their rights fully and without delay.
For those facing excessive delays in family reunification requests, seeking legal assistance is a prudent and effective step. The use of Subpoena for the Protection of Rights, Freedoms, and Guarantees is not only a right, but a powerful legal tool to prevent further harm and ensure that the principles of justice, legality and good administration are upheld.
