Status and rights of family members

Portugal

Country Report: Status and rights of family members Last updated: 12/05/23

Author

Portuguese Refugee Council Visit Website

In accordance with the law, family members receive the same legal status and are entitled to the same rights as the sponsor.[1] 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] Article 68(2) Asylum Act.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation