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Article 15 AIMA Non-EU Family Residence Card Portugal 2026

Article 15 of Law 37/2006 gives non-EU family members of EU and Portuguese citizens the right to a residence card. How the AIMA process works in 2026.

Important note: This guide explains Portuguese processes in simple terms based on official sources. It is not legal or professional advice.

Article 15 AIMA Portugal residence card documents for non-EU family members
  • AIMA
  • Residence Permit
  • Residence Card

The Article 15 residence card is the correct legal route for non-EU family members of EU, EEA, Swiss, and Portuguese citizens who are living in Portugal. It does not require a Portuguese national residence visa, it is based on EU free-movement law rather than the ordinary family-reunification framework, and it gives the qualifying family member the right to live and work in Portugal.

But the confusion around it is real. Many people mix it up with family reunification under Lei n.º 23/2007, which is a different route used where the sponsor in Portugal is themselves a third-country national. Article 15 applies where the sponsor is an EU/EEA/Swiss citizen exercising free-movement rights in Portugal, and Portuguese citizens residing in Portugal are also covered by Portugal’s implementation of this framework.

Getting that distinction wrong at AIMA can send you down the wrong process entirely.

Quick Summary: Article 15 of Lei n.º 37/2006 gives qualifying non-EU family members the right to a Cartão de Residência in Portugal. EU/EEA/Swiss sponsors normally obtain their CRUE first from the local Câmara Municipal. Portuguese sponsors use their Cartão de Cidadão instead. The first Article 15 card covers the pre-permanent stage; after five qualifying years, the family member’s permanent route is Article 17, not Article 125.

Who Can Be the EU Citizen Sponsor

The sponsor must normally be an EU, EEA, or Swiss citizen genuinely residing in Portugal, or a Portuguese citizen living in Portugal. Citizens of Iceland, Liechtenstein, Norway, Andorra and Switzerland are covered through the wider free-movement framework applied by Portugal.

British citizens need special care. Since the end of the Brexit transition period, a UK national moving to Portugal under the post-Brexit rules is treated as a third-country national rather than as an EU citizen for a new Article 15 family case.

The important exception is a British citizen whose residence and family rights are protected by the EU-UK Withdrawal Agreement. Those cases are governed by transitional rights that should not be confused with a new post-Brexit Article 15 application.

This is a common and expensive mistake in mixed EU/UK households. Identify the sponsor’s actual legal status before choosing the family route.

Who Qualifies as the Non-EU Family Member

RelationshipNotes
SpouseLegally valid marriage; same-sex marriages are recognised
Registered or durable partnerEvidence of the recognised partnership or durable relationship is needed
Children under 21Biological or legally adopted child of the EU citizen or qualifying spouse/partner
Dependent children over 21Ongoing dependency must be evidenced
Dependent parents or parents-in-lawFinancial or other qualifying dependency must be evidenced
Other qualifying dependent household memberOnly where the EU free-movement rules cover the relationship and the evidence is strong

Do not assume every extended relative qualifies simply because the relationship is genuine. The legal category and evidence of dependency or household membership matter.

What Article 15 Is and Is Not

This matters practically, not just theoretically.

Under ordinary Portuguese immigration law, many residence permits are permissions granted under Lei n.º 23/2007. Article 15 is different: it documents a residence right derived from the EU free-movement framework implemented by Lei n.º 37/2006.

That distinction matters if AIMA delays or disputes the case, because the family member is not simply asking Portugal to create a discretionary immigration status from scratch.

Once the Cartão de Residência is issued, it allows the holder to:

  • live in Portugal with the qualifying EU-family basis;
  • work without a separate work authorisation;
  • use the residence evidence when accessing Portuguese public systems; and
  • travel with the valid residence card and passport under the applicable Schengen/EU rules.

The first Article 15 card is not the permanent document. After five consecutive qualifying years, the family member’s permanent card is Article 17.

Step 1: The EU Citizen Gets the CRUE First

Before the non-EU family member completes the Article 15 process, the EU/EEA/Swiss sponsor normally needs the CRUE — Certificado de Registo de Cidadão da União Europeia.

The CRUE is issued by the Câmara Municipal for the area where the EU citizen lives. It is not an AIMA document.

AIMA’s current EU-citizen guidance describes the CRUE as the certificate for an EU citizen staying in Portugal for more than three months and up to five years. The Câmara normally checks identity and the EU citizen’s legal basis for residence, such as work, self-employment, sufficient resources or study.

Portuguese citizens living in Portugal do not need a CRUE. They use their Cartão de Cidadão instead.

Do this before trying to build the non-EU family member’s Article 15 file. The sponsor document is one of the basic pieces AIMA needs to understand the case.

Step 2: Requesting the AIMA Appointment

The first Article 15 residence card remains an AIMA appointment process rather than the newer five-year permanent-residence portal route.

Use AIMA’s current channel for Cartão de Residência para Familiares de Nacionais UE and make the legal basis explicit. Avoid describing the case only as generic reagrupamento familiar, because that phrase is also used for the different Article 98 route.

Prepare the core evidence before requesting the appointment:

  • the non-EU family member’s valid passport;
  • the sponsor’s CRUE or Portuguese Cartão de Cidadão;
  • the document proving the family relationship;
  • proof of dependency or durable partnership where required; and
  • current contact and address details.

Save the submission confirmation, screenshots and any reference number. If AIMA later says it cannot find the request, that record matters.

For broader appointment troubleshooting, see the AIMA appointment guide.

AIMA Article 15 Form Problems to Watch For

ProblemWhat it usually meansWhat to do
Wrong procedure selectedThe request may enter the wrong workflowConfirm this is the EU-family residence-card route, not Article 98 family reunification
Sponsor details rejectedAIMA may expect a different sponsor documentCheck whether the correct evidence is CRUE, Cartão de Cidadão or another protected-status document
Upload failsFile size, format, password protection or special characters may be the issueSimplify filenames, remove password protection and reduce oversized files
No confirmationSubmission may be delayed or filteredCheck spam and save any on-screen confirmation before resubmitting
No reply for weeksAppointment queues varyKeep proof of the first request and follow up through official channels

Step 3: The Biometrics Appointment at AIMA

At the appointment, AIMA checks the family relationship, sponsor status and supporting documents. Biometric data is collected where required.

Do not treat the appointment as the moment to start building the file. Arrive with the relationship evidence, identity documents, address evidence and any dependency material already organised.

Names and dates should line up across passports, certificates and Portuguese records. If a document uses a different spelling or transliteration, bring evidence that explains the difference.

After a valid filing, keep the AIMA receipt or comprovativo. It can be important evidence of a pending residence-card process inside Portugal, but it should not be treated as a substitute for a passport or residence card when crossing borders.

If your address evidence is weak or inconsistent, check the proof of address guide before the appointment.

Documents to Bring to the Appointment

Keep two document sets in mind: the evidence used to justify the request and the fuller file for the in-person appointment.

DocumentNotes
Valid passportBring the original and any copies AIMA currently requests
Sponsor’s CRUE or Cartão de CidadãoCRUE for EU/EEA/Swiss sponsors; Cartão de Cidadão for Portuguese sponsors
Marriage, birth or partnership evidenceCheck certification, legalisation and translation requirements
Birth certificates for childrenCheck validity and legalisation rules
NIF detailsBring them where available; see the NIF guide if needed
Proof of addressUse evidence showing the legal basis for living at the address
Dependency evidenceNeeded for dependency-based categories
Supporting partnership evidenceEspecially important for união de facto or durable-partnership cases
Criminal-record evidenceBring only where AIMA requests it for the case
NISS detailsBring them where available and relevant

Do not order time-sensitive documents too early. If AIMA asks for a recently issued certificate, an old document can create a preventable delay.

AIMA’s August 2026 document warning

On 14 August 2026, AIMA published fresh guidance for third-country family members of EU citizens.

For a marriage-based case, AIMA says the marriage certificate should generally have been issued within the previous six months at the date of service and be properly signed and stamped. A valid Portuguese civil-registry access code can be used where available and is preferred.

For applications involving minors, prepare the evidence of the family link, legal representation and parental responsibilities where relevant. AIMA says a birth certificate for a child under 16 is not subject to an expiry period for this purpose; from age 16, the birth certificate is valid for 12 months after issue.

Foreign documents can also need certification and legalisation. Do not assume a certificate is still acceptable simply because it worked for an earlier filing.

Cost and Timeline

The first Article 15 card and the later Article 17 permanent card are different procedures, so do not mix their timeframes.

StageWhat to expect
CRUE at Câmara MunicipalSeparate EU-citizen registration step
Article 15 appointment requestResponse time varies by office and demand
AIMA appointmentTiming varies and the file should be complete
First residence cardThe law provides a six-month framework after the application
Physical card deliveryAdditional production and postal time after the decision

The biggest variable is usually appointment access and office workload. Do not rely on an old euro fee or a single community timeline. Check AIMA’s current fee table shortly before the appointment.

The AIMA Backlog: What It Means Practically

AIMA inherited a large residence backlog after replacing SEF in October 2023. Appointment availability has improved in some areas but still varies by office and case type.

Keep proof of every attempt to use the correct route. The more important the deadline, the more valuable it is to have the contact-form confirmation, emails, screenshots and appointment notices in one folder.

There is also a recurring problem for family members who enter Portugal lawfully for a short stay and then cannot obtain an Article 15 appointment quickly. The EU-family residence right and the documentary process are not always reflected neatly in the ordinary 90-day visitor logic, so avoid relying on generic Schengen advice where a qualifying EU-family right is involved.

If the delay becomes serious, especially where work, travel or another legal deadline is affected, get case-specific legal advice rather than assuming that another duplicate form submission will fix it.

Civil Partners and the União de Facto

Portugal’s Lei n.º 37/2006 covers qualifying partners as well as spouses.

For a união de facto or other durable-partnership case, the documentary burden is usually heavier than for a marriage because the relationship itself must be evidenced through a body of facts rather than a single marriage certificate.

Useful evidence can include:

  • shared registered lease or address records;
  • joint bank account evidence;
  • bills or official correspondence showing the shared household;
  • a declaration of cohabitation;
  • civil-partnership evidence from another country where relevant; and
  • other documents showing a stable and genuine relationship.

Each application is fact-specific. A thin partnership file will usually attract more questions than a straightforward marriage file.

If the EU Citizen Leaves Portugal or the Relationship Ends

The first-stage Article 15 residence right is linked to the EU-family framework, but Lei n.º 37/2006 contains protections for some situations where the family circumstances change.

On the death of the EU citizen, a qualifying family member can in some circumstances retain residence if the statutory conditions are met.

On divorce or dissolution, retention can also be possible in situations covered by the law, including cases where the marriage or partnership met the required duration conditions or where other protected circumstances apply.

Do not treat those protections as automatic. If the sponsor leaves Portugal, dies, or the relationship ends, get advice before the card is close to expiry rather than waiting for AIMA to raise the issue.

After Five Years: Permanent Residence and the Citizenship Question

After five consecutive years of legal residence under the EU free-movement framework, the non-EU family member does not move into Article 125 EU long-term resident status simply because five years have passed.

The correct permanent family-member route is Article 17 of Lei n.º 37/2006.

Article 10 gives a qualifying third-country family member the right of permanent residence after five consecutive years of legal residence with the EU citizen in Portugal. Article 17 is the permanent residence card that documents that right.

AIMA’s current route is:

  • Article 15 — residence card for the non-EU family member during the first five-year stage;
  • Article 17 — permanent residence card once the five-year permanent right has been acquired.

AIMA says the Article 17 request should be made before the Article 15 residence card expires.

Since 1 July 2026, new Article 17 permanent-card requests are submitted through AIMA’s Portal de Renovações. The portal handles submission and processing. If fresh biometric data is required, AIMA schedules the in-person appointment and notifies the applicant.

The current Article 17 checklist includes:

  • five consecutive years of legal residence in Portugal;
  • valid passport;
  • the residence card being replaced;
  • proof of presence/residence in Portugal;
  • evidence that the family relationship continues, or continued for the required period, where relevant; and
  • proof of a changed address if the address has changed.

For a marriage-based case, AIMA gives an updated marriage certificate as an example. For a união de facto case, AIMA points to evidence such as joint IRS declarations, joint bank accounts or other proof that the relationship continued.

There is a parallel five-year step for the EU citizen. Their own permanent document is the Article 16 permanent residence certificate. See EU Citizen Permanent Residence Portugal After 5 Years.

PersonFive-year route
EU/EEA/Swiss-framework citizenArticle 16 permanent residence certificate
Non-EU family memberArticle 17 permanent residence card

Neither route is Article 125. Article 125 is the separate Estatuto de Residente de Longa Duração for eligible third-country nationals under Lei n.º 23/2007.

Portuguese citizenship is separate again. The nationality rules in force since May 2026 use different residence periods and requirements. Do not use the Article 17 permanent-card deadline as a citizenship deadline. See the current citizenship residence requirements.

Common Mistakes

Mistake: Applying for Article 15 before the CRUE exists

For an EU/EEA/Swiss sponsor, finish the CRUE step first. Portuguese sponsors use the Cartão de Cidadão instead.

Mistake: Using a D7 or another national visa when Article 15 was available

Where Article 15 applies, it is a different legal route from an ordinary national residence visa. Do not create a separate visa strategy simply because the AIMA appointment queue is frustrating.

Mistake: Ignoring the NISS question until the appointment

If you already have a NISS, bring it. If you do not, check the current AIMA practice for your specific case rather than assuming every office treats it exactly like an ordinary Lei n.º 23/2007 permit.

Mistake: Using the comprovativo as a travel document

The AIMA receipt helps prove a pending process in Portugal. It is not automatically a substitute for a valid residence card and passport for international travel.

Mistake: Assuming British citizenship still works as the EU sponsor

Post-Brexit UK nationals are not EU citizens for new cases. Withdrawal Agreement cases require separate analysis.

Mistake: Applying for Article 125 at year five

Article 125 ERLD is not the normal five-year destination for a family member whose residence comes from Article 15. The permanent family-member card is Article 17.

Frequently Asked Questions

Does a non-EU spouse of an EU citizen need a visa to enter Portugal?

Not necessarily. Entry depends on nationality and the applicable EU-family rules. Article 15 residence itself is based on the qualifying family relationship rather than on obtaining a Portuguese national residence visa first.

What is Article 15 in Portuguese immigration law?

Article 15 of Lei n.º 37/2006 is the Portuguese residence-card route for qualifying non-EU family members of EU citizens exercising free-movement rights in Portugal.

How long does AIMA take to process an Article 15 residence card?

The law provides a six-month framework for issuing the residence card after the application. Appointment and card-production delays can extend the practical journey.

Can I work in Portugal while waiting for my Article 15 card?

The right derives from the qualifying EU-family relationship rather than only from the plastic card. Keep the AIMA filing proof with you while the document is pending.

What is a CRUE and who needs one?

The CRUE is the registration certificate for an EU citizen living in Portugal for more than three months and up to five years. It is issued by the Câmara Municipal. Portuguese sponsors use the Cartão de Cidadão instead.

Does Article 15 apply to Portuguese citizens and their non-EU spouses?

Portuguese citizens residing in Portugal can use the Lei n.º 37/2006 family framework. Their Cartão de Cidadão takes the place of a CRUE as sponsor evidence.

What happens to my Article 15 card if I divorce my EU spouse?

Retention can be possible where the conditions in Lei n.º 37/2006 are met. The result depends on the history of the relationship and the applicant’s circumstances, so get case-specific advice.

Can I travel outside Portugal while waiting for my Article 15 card?

Do not assume the AIMA filing receipt is a travel document. Check the passport, visa-free entitlement, residence-document position and destination-country rules before travelling.

Do British citizens still qualify as the EU citizen sponsor for Article 15?

Not for a new post-Brexit case simply because they are British. Withdrawal Agreement beneficiaries can have different protected rights.

How do I request an AIMA appointment for Article 15?

Use AIMA’s current official channel for the Cartão de Residência para Familiares de Nacionais UE and make the Article 15 legal basis explicit.

What happens after five years on Article 15?

A qualifying non-EU family member uses Article 17 permanent residence, now submitted through AIMA’s Renewals Portal. The EU citizen’s parallel five-year document is Article 16.

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