When a Child’s Residence Is No Longer Enough
Luís Maria Branco | Lawyer
Portugal’s proposed amendment to Article 122(1)(k) may narrow an exceptional residence route for parents.
Portuguese immigration law has changed significantly in recent years. Following the end of the
Manifestação de Interesse procedure and the subsequent restrictions introduced to several regularisation mechanisms, further
amendments to the Immigration Law have been approved by the Government and submitted to the legislative process.
One of the proposed changes concerns Article 122(1)(k) of Law no. 23/2007, a provision that currently allows certain parents of minor children residing in Portugal to apply for a residence permit under specific circumstances.
Although this has not been one of the most commonly used residence routes, it has played an important role in preserving
family unity in cases where parents do not otherwise qualify for residence under the general immigration framework.
Under the current wording of
Article 122(1)(k),
a residence permit may be granted to the parent of a minor child residing in Portugal or holding Portuguese nationality, provided that the parent effectively exercises parental responsibilities and ensures the child’s maintenance and education.
This provision forms part of Portugal’s
exceptional residence permit regime. Unlike residence permits obtained following the
issuance of a residence visa abroad, it allows the Portuguese authorities, in specific circumstances established by law,
to grant a residence permit directly within Portuguese territory.
As with any residence permit application, the applicant must also meet the remaining legal requirements, and each case is assessed individually by the competent authorities.
The proposed amendment would significantly restrict the scope of this provision. If brought into force, Article 122(1)(k) would no longer apply simply because the applicant is the parent of a minor child holding a residence permit in Portugal. Instead, the route would remain available only where the
minor child has Portuguese nationality
and resides in Portugal.
In practical terms, this means that parents whose children legally reside in Portugal on the basis of a residence permit, but who have not acquired Portuguese nationality, may no longer be able to rely on Article 122(1)(k) as the legal basis for obtaining their own residence permit.
This would represent a relevant change to the current legal framework and may affect families who intended to regularise their immigration status through this provision.
The proposed amendment is particularly relevant for parents who are already living in Portugal and who currently meet, or may soon meet, the legal requirements of Article 122(1)(k). It may also affect
families planning to relocate to Portugal who were considering this provision as a possible route to regularise the status of one or both parents.
At the time of writing, this amendment has not yet entered into force. Nevertheless, families who may qualify under the current wording of Article 122(1)(k) should assess their options promptly and consider seeking legal advice before the proposed amendment becomes law.
Portuguese immigration legislation continues to evolve. For this reason, it is increasingly important for applicants to assess their options under the
legislation currently in force, while also considering how proposed amendments may affect their future eligibility.
At
LVP Advogados, we regularly advise individuals and families on residence permit applications, exceptional residence procedures and legislative developments affecting immigration to Portugal. Our team can assess your eligibility under the current legal framework, explain the potential impact of the proposed amendments and assist with the preparation and submission of residence permit applications where appropriate.
