The Brazilian lawyer André Lima responds every week to a question from DN Brasil readers about immigration.
This week’s question is from a reader who needs to ask cancellation of the residence permit due to family reunification of the stepson.
O lawyer André Lima responds:
Family reunification is one of the pillars of Portuguese migration policy. The law protects the family unit, recognizes the importance of coexistence and facilitates the integration of those who live legally in Portugal. But this protection is neither absolute nor unlimited.
Many people believe that, after the residence permit for family reunification is granted, it becomes a definitive right, independent of any future circumstances — as if it no longer depended on the family, coexistence or the concrete situation of the regrouped person. This perception, however, does not correspond to legal reality.
The reunification residence permit exists because there is a real link with the main holder. And this bond is not just formal. It needs to exist in practice, with concrete elements, such as family coexistence, economic dependence, when applicable, and, in the case of minors, school integration.
When the regrouped person enters the country while still underage, the basis is usually clear: family dependence and school attendance. This is the scenario that legitimizes authorization. The problem is that this scenario changes — and changes significantly — when adulthood is reached.
In the case of children or stepchildren of legal age, the law and administrative practice require proof that the regrouped person remains “in charge” of the owner. This normally involves effective economic dependence and, in many cases, proof of enrollment in a recognized educational establishment.
In practice, the renewal of the residence permit by regrouping requires the consent of the main holder, even if this is not written in the law with this exact expression. Without active family ties, without proven dependence and without declarations and documents provided by the holder, renewal tends not to be granted.
In other words, if the holder no longer recognizes that relationship of dependence and does not express agreement with the continuity of the regrouping, the residence permit of the regrouped person loses the basis that legally supports it. Therefore, in many cases, the true limit of family reunification does not arise at the initial grant, but at the time of renewal.
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It is also important to clarify that the law does not oblige anyone to maintain indefinitely a legal relationship that no longer exists in real life. The protection of the family should not be confused with the imposition of responsibility on an adult who does not study, does not work, is not economically dependent and does not maintain effective family life.
Although the expression “family unbundling” does not appear literally in the legislation, it is possible — and recommended — to communicate to the authorities the termination of the bond and the assumptions that gave rise to the reunification. This communication must be made in a well-founded and documented manner, even when it is not possible to obtain an in-person appointment.
There is still an aspect that many ignore: the prolonged absence from Portuguese territory. The legislation provides for the possibility of expiry of the residence permit when the holder remains outside the country for more than six consecutive months or eight interpolated months, except for duly justified exceptions. Absences of more than a year, without a valid reason, further reinforce the loss of residence prerequisites.
Here it is important to clarify a fundamental point: the fact that the residence card is still within its validity period does not mean, in itself, that the situation is regular. The formal validity of the title does not prevent the verification of the legality of the stay, whether in an administrative procedure or in border control.
Ultimately, family reunification is an important right, but it is not an eternal right. It exists as long as the legal assumptions that justify it remain.
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