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According to AIMA, if the application is successful, the sponsor is informed by post by AIMA. Family outside Portuguese territory then has 90 days to go to the Portuguese diplomatic representation of the country they are in to obtain a residence visa. Upon arrival in Portugal, they are to contact an AIMA office to request an extension of their international protection status. Those already in Portugal can go directly to the AIMA office to request the extension.[1]
In accordance with the law, family members receive the same legal status and are entitled to the same rights as the sponsor.[2] This is generally the case in practice. Nevertheless, CPR is aware of cases of issuance of Immigration Act residence permits (with inherent costs, different status, and subject to a different legal regime for renovation) to family members regarding whom family reunification was accepted and carried out, but who are not included in the restricted list of eligible members of the Asylum Act. According to CPR’s observation, this is a systematic practice in such cases. According to the information provided by SEF, this is based on the understanding that a family member who is not eligible for family reunification under the Asylum Act, must be subject to the application of the general provisions of the Immigration Act.
According to CPR’s observation, when cessation procedures are triggered with regard to the sponsor, family members are also subject to similar procedures.
[1] Information provided by AIMA, 25 June 2024.
[2] Article 68(2) Asylum Act.