Family Reunification: Exceptions to the 2-year Rule

Bringing a spouse, children or parents to Portugal is, for many Brazilians, the step that gives meaning to the move. Since October 2025, however, this step has a new timeline. Law 61/2025 amended Art. 98 of Law 23/2007 (the Foreigners Act, Lei de Estrangeiros) and now requires, as a rule, that the resident has held a valid residence permit (autorização de residência) for at least two years before applying for family reunification (reagrupamento familiar). The law itself, however, provides for important exceptions, which cover a large share of families with children. In this article we explain the rule, the exceptions, the 15 months for couples, who can be reunified, what AIMA (Agency for Integration, Migration and Asylum) reviews and what happens to those who already had an application pending.

The general rule: two years with a residence permit

Under the current wording, Art. 98(1) provides that the holder of a residence permit valid for at least two years is entitled to reunification with the family members listed in Arts. 99 and 100, provided they have lived with the holder or depend on the holder, regardless of whether the family ties arose before or after the holder's entry into Portugal.

Three points deserve attention:

• The period counts from the residence permit, not from arrival. The text refers to a "residence permit valid for at least two years." Time spent in Portugal only with a visa, or awaiting AIMA's decision, does not appear in the letter of the law as part of the count.
• The permit must be valid. An expired card with no renewal in progress may block the application. See our article on expired residence cards.
• Cohabitation or dependency. The family member must have lived with the resident or depend on the resident. Proof of this link is part of the application.

The 15 months for a spouse or partner who already lived with the resident

Art. 98(2) reduces the period to 15 months when the family member is the spouse or equivalent (a partner in a de facto union) who lived with the holder for at least 18 months in the period immediately preceding the holder's entry into Portugal. This is the typical case of a couple who lived together in Brazil and decided that one of them would come first.

In practice, cohabitation is usually proven with documents in both names at the same address, such as a lease, utility bills, tax returns or a stable union deed (escritura de união estável) stating the start date. For a de facto union (união de facto), AIMA asks for documents proving the union for more than two years, according to the official family reunification page.

Exceptions to the two-year rule (Art. 98(3))

The two-year period does not apply to these family members:

1. Minor or incapacitated children who are dependents (paragraph (a)). Minor children can be reunified without waiting two years.
2. A spouse or equivalent who is, together with the resident, the father, mother or adoptive parent of a dependent minor or incapacitated person (paragraph (b)). If the couple has a minor child in common, the spouse is also exempt from the waiting period.
3. Family members of holders of specific permits (paragraph (c)): permits for teaching, highly qualified or cultural activity (Art. 90), the residence permit for investment, known as the Golden Visa (Art. 90-A), and the EU Blue Card (Art. 121-A).

In addition, paragraph 4 allows the two-year or 15-month period to be waived or reduced in exceptional cases with due justification, by order of the member of the Government responsible for migration, taking into account the strength of the family ties and integration in Portugal. It is not an automatic right: it depends on a well-grounded request and a Government decision.

Holders of permits for employed or self-employed work, for passive income (D7) and of the CPLP permit (Community of Portuguese Language Countries), for example, remain subject to the general rule when the family member to be reunified does not fall under paragraphs (a) and (b).

Not sure whether your family qualifies for an exception? Talk to our team: we review the type of permit, the date of the card and the family composition before any application is filed.

Who can be reunified (Art. 99)

The following are considered members of the resident's family:

• the spouse;
• minor or incapacitated children who are dependents of the couple or of one of the spouses;
• adopted minors, when the adoption decision is recognized by Portugal;
• adult children who are single and dependent and who are studying at an educational institution in Portugal (or who are studying, in the case of a holder of an investment permit);
• 1st-degree ascendants of the resident or of the spouse, provided they are dependents;
• minor siblings under the resident's guardianship, with a decision recognized by Portugal.

A partner in a de facto union and the partner's children who are legally entrusted to him or her fall under Art. 100. The marriage or union must be valid and recognized under Portuguese law, and both must be at least 18 years old on the date of the application (Art. 99(6)).

A sensitive point: reunification of a minor child of only one of the spouses depends on the authorization of the other parent or on a decision that has entrusted the child to the applicant (Art. 99(4)). AIMA requires a written authorization from the non-resident parent, authenticated by a Portuguese consular authority, or a copy of the custody decision. To understand this topic, see the article Moving to Portugal with children: the other parent's authorization.

Means of subsistence and accommodation

To exercise this right, the resident must have owned or rented accommodation considered normal for a comparable family in the same region, and sufficient means of subsistence for the entire household, without resorting to social assistance (Art. 101(1)).

The benchmark is Ministerial Order 1563/2007 (Portaria), which uses the national minimum wage. According to AIMA, for reunification purposes 100% of the minimum wage counts for the first adult, 50% for each additional adult and 30% for each child or dependent adult child. In 2026, the minimum wage is €920 (Decree-Law 139/2025).

Example: a couple with two minor children starts from €920 (first adult) + €460 (second adult) + €276 + €276 (children), that is, about €1,932 per month as a benchmark. The calculation is illustrative; AIMA assesses the nature and stability of the income.

Among the accepted supporting documents, AIMA lists an employment contract and pay slips for the last three months, a service agreement and receipts for the last six months, a retirement or pension certificate, and statements of income from financial investments.

Step-by-step application

1. Check the period: confirm the issue date of the first residence permit and whether any family member falls under Art. 98(2) or (3).
2. Gather the documents: the applicant's residence permit, a certified copy of the family member's passport, certificates proving the relationship (marriage, birth, de facto union), a declaration of accommodation with the title of occupancy of the property, proof of means of subsistence and the family member's criminal record certificate, duly authenticated, according to the list published by AIMA.
3. Submit the application: according to AIMA, the application is filed by appointment and submitted in person, with the specific form signed by the resident, at any AIMA service center (Loja AIMA). It is up to the holder of the right to apply for the entry and residence of family members who are outside Portugal (Art. 103(1)).
4. Follow the review: AIMA may conduct interviews and other inquiries (Art. 104).
5. Visa and permit: once the application is approved, the family member applies for a residence visa at the competent consulate and, once in Portugal, for the residence permit, which has the same duration as the resident's (Art. 107(1)). See our page on the D6 family reunification visa.

AIMA deadlines

The application must be decided within nine months (Art. 105(1)). Paragraph 2 allows an extension for an equal period in exceptional circumstances associated with the complexity of the review, with notice to the applicant; as worded, the provision makes an exception for the cases under Art. 98(1) and (2). When the legal deadline expires without a decision, there are administrative and judicial remedies, described on our page on residence permits.

A refusal must be notified with the grounds and an indication of the right to challenge it in the administrative courts (Art. 106(6) and (7)). Before refusing, AIMA must consider the strength of the family ties, the length of residence and the ties with the country of origin (Art. 106(3)).

Family member already in Portugal

As a rule, reunification is requested for family members who are outside the country. Art. 103(2) only allows a residence application for family members already in Portugal in the case of the family members under Art. 98(3) (minor children, a spouse with a minor child in common and family members of holders of the specific permits), provided they entered and remain lawfully in the territory on the date of the application.

Transitional rules: those who had already applied

• Applications filed before October 23, 2025: the amendments made by Law 61/2025 to the Foreigners Act apply only to administrative procedures and court proceedings initiated after its entry into force (Art. 8). The law entered into force on the day after its publication on October 22, 2025 (Art. 9).
• 180-day window: Art. 6(2) allowed, for 180 days after entry into force, applications for residence for family members who were in Portugal, having entered lawfully, provided the requirements of Art. 98 were met. This window closed in April 2026.

After approval: integration and autonomy

Law 61/2025 now requires reunified family members to complete integration measures, such as training in the Portuguese language and in constitutional principles and values and, for minors, attendance at compulsory schooling (Art. 101(3)). Renewal depends on proof of these measures, unless the failure is for reasons not attributable to the family member (paragraph 4).

Two years after the first permit, and as long as the family ties remain, family members are entitled to an autonomous permit; before that, it may be granted in cases such as divorce, widowhood or an indictment for domestic violence (Art. 107(3) and (4)). The spouse's first permit is autonomous when the marriage or de facto union has lasted more than five years (paragraph 5).

Quick checklist

• issue date of the first residence permit and validity of the current card;
• proof of cohabitation for at least 18 months before your entry, if the 15-month rule applies;
• updated and apostilled Brazilian certificates;
• authorization from the other parent or a custody decision, if the child is from only one of the spouses;
• lease or property title suited to the size of the family;
• proof of income covering the household's benchmark amount;
• tax and social security status in good standing.

Common mistakes

• Counting the two years from arrival. The law refers to a residence permit valid for two years.
• Forgetting the exception for a spouse with a minor child in common. Many families can apply for everyone at the same time.
• Bringing the family member as a tourist and applying later. Outside the cases under Art. 98(3), an application with the family member already in Portugal is not admitted.
• Underestimating accommodation. The property must be suitable for the number of people.
• Letting the card expire during the process. The resident's permit must be valid.

When to consult a lawyer

Legal support is advisable when the period is about to be completed and the timing of the application must be decided, or when there are children from previous relationships, a de facto union without formal registration, dependent ascendants, a request for an exceptional waiver of the period, or a delay that has already exceeded nine months. Sene & Araújo has lawyers in São Paulo and Albufeira and assists Brazilian families with reunification, from the documents in Brazil to the application with AIMA. The decision always rests with AIMA or the court. Contact our team or see the page on the D6 visa.

• Law 23/2007 — Foreigners Act (Lei de Estrangeiros), consolidated version (Arts. 98 to 108)
• Law 61/2025, of October 22 (Arts. 2, 6, 8 and 9)
• Law 61/2025 — text published in Diário da República, Series 1, issue 204
• AIMA — Family reunification with a family member outside national territory (Art. 98)
• AIMA — Means of subsistence (Ministerial Order 1563/2007)
• DGERT — Statutory minimum monthly wage for 2026 (Decree-Law 139/2025)

Sene & Araújo Sociedade de Advogados team. Content prepared and reviewed by the firm's lawyers, admitted to the Brazilian Bar Association (OAB) and the Portuguese Bar Association (Ordem dos Advogados), with offices in São Paulo and Albufeira. The provisions cited were checked against the official sources listed above. Meet the team.