Residency Options for Parents of Portuguese or Resident Children in Portugal: Article 122, no. 1, point k

 Miguel Taveira Silva | Solicitor

In Law no. 23/2007 of July 4th, there is a specific section for obtaining a Portuguese residence permit with exemption from a Residence Visa. There are several possibilities to obtain such a permit, but we will focus on point k) in Article 122.

Point k) refers to the possibility of obtaining a residence permit without a residence visa for applicants who have minor children residing in Portugal or with Portuguese nationality, for whom they effectively exercise parental responsibilities and provide support and education.

This option is common among families with children in Portugal who were either born here and became Portuguese citizens or are foreign minors with a residence permit in Portugal.

To start this residence permit application process under this provision, you must schedule an appointment with the Agency for Migration, Integration, and Asylum (AIMA) to request residency based on Article 122, n.º 1, point k).

Once the appointment is scheduled, it is important to gather all the required documentation, which includes:

• A criminal record certificate for the father and/or mother;
• The child's birth certificate;
• Proof of effective exercise of parental authority; and
• Evidence of support and contribution to the child’s education.

At the AIMA appointment, the applicant must attend with the minor children, present the documentation, and complete the biometrics process to submit the application. You will receive a proof of application, demonstrating that you have submitted the process.

After submission, AIMA authorities have up to 90 working days to review the application and make a decision. If approved, the residence permit will be issued and sent to you.

The initial residence permit is issued for a period of 2 years and is renewable for periods of 3 years. This permit grants its holder the same rights as any other residence permit, including:

1. Access to education, teaching, and professional training, including subsidies and scholarships in accordance with applicable legislation;
2. The right to work in a subordinate professional activity;
3. The right to work in an independent professional activity;
4. Access to professional guidance, training, development, and retraining;
5. Access to healthcare; and
6. Access to legal rights and the courts.

Applying for a residence permit based on the legal status of a child in Portugal is an excellent option for family members who are responsible for parental duties and do not yet have a valid residence permit in Portugal.

If you need assistance with this matter or any related issues, please don't hesitate to contact us. Our team of experts is here to provide you with professional guidance and support.