1. Chapter I General provisions
2. Chapter II Exit from and entry in the national territory
3. Chapter III Right of residence up to three months
4. Chapter IV General provisions
5. Chapter V Right of permanent residence
6. Chapter VI Administrative formalities
1. Section I Right of residence for more than three months
2. Section II Right of permanent residence
7. Chapter VII Common arrangements to right of residence and right of permanent residence
8. Chapter VIII
9. Chapter IX
10. Chapter X
11. Chapter XI

1. The present law transposes to the internal legal order the European Parliament and Council Directive n.º 2004/38/EC of 29 April and establishes:
1. The conditions which rule the exercise the right of citizens of the European Union and their families to move and reside freely in the national territory;
2. The legal regime of the right to permanent residence in the national territory of citizens of the European Union and their families;
3. The restrictions to the rights referred at sub-headings a) and b), founded on reasons of public policy, public safety or public health.
2. The present law also establishes the legal regime of entry, residence and exit of citizens from the States party to the European Economic Area Agreement and Switzerland and members of their family, as well as family members of national citizens regardless of their nationality.

1. «Citizen of the European Union» is any person who has the nationality of a member State;
2. «Member State», any State member of the European Union except Portugal;
3. «Host member State», Portugal as a member State where to the citizen of the Union comes in order to exercise his/her right of moving and residing freely;
4. «Third State», any state which is not a member of the European Union;
5. «Family member»:
1. The spouse of a citizen of the European Union;
2. The partner with which the citizen of the Union lives in De Facto union, as defined according to law, or the partner with which the citizen of the Union maintains a permanent and duly certified relationship by the concerning authority of the Member state where he/she resides;
3. The direct descendant under 21 years of age or being in ward to a citizen of the Union, as well as to a spouse or partner as established by the preceding sub-heading;
4. The direct ascendant in ward to a citizen of the Union, as well as his/her spouse or partner as established by sub-heading ii):
6. «Enough income», the resources of the citizen which are no less than the income level below which the Portuguese State grants social rights and support to national citizens in sight of the citizen’s personal situation and, if applicable, to his/her family members.

1. This law applies to all citizens of the Union who move to or live in Portugal, as well as their family members, according to the definition of sub-heading e) of the preceding article, travelling with them or joining them.
2. Without prejudice of the personal right to move and reside freely of the citizen, according to the general law, the entry and residence of any other family member regardless of his/her nationality not included in the definition provided by sub-heading e) of the preceding article, is rendered easy if in the country from which he/she comes lives in ward of the citizen of the Union entitled to a residence permit, or living with this citizen in communion, or if the citizen of the Union imperatively has to look after the member of his/her family because of a serious health condition.
3. The decision related to the entry and residence of the persons described in the preceding number can only be taken after examination of all relevant personal circumstances and any refusal of entry or granting of a residence permit must be grounded.
4. Legal arrangements referring to citizens of the Union are understood as comprehending nationals from the party States in the Agreement on the European Economic Area and nationals from Switzerland.
5. Regulations of this law applicable to family members are extendable to family members of citizens of Portuguese nationality, regardless of their nationality.

1. Citizens of the Union are allowed to entry in the national territory on a simple presentation of a valid identity card or passport without any entry visa or equivalent formality.
2. Family Members of citizens of the Union who are not nationals of a member State are admitted into the national territory on a presentation of a valid passport, being subject to an entry visa according to the stipulations in force in the European Union benefiting however from every procedure in obtaining the needed visas, freely and rapidly issued.
3. Family Members of the citizen of the Union who are nationals of a third State and are obliged to hold an entry visa according to the stipulations in force in the European Union may entry without visa when holding a valid residence permit. In this case the passport will not be stamped.
4. If a citizen of the Union or his/her family member are not in possession of the needed travelling documents or, in the case, the needed visas, he/she benefits from the possibility of obtaining these documents in a reasonable period or have them sent over, as well as the possibility to confirm or prove by other means his/her quality as holder of the right to move and reside freely.
5. According to law, a family member who is not a national of a Member State must inform of his/her presence in the national territory and non compliance to this obligation shall be punished according to the law that rules the entry, permanence, exit and expulsion of foreigners.

1. Without prejudice of the arrangements concerning travelling documents applicable in national borders control, every citizen of the Union is entitled to leave the national territory if holding a valid identity card or passport, as well as his/her family member if holding a valid passport. No exit visa or equivalent formality is needed.
2. Passport must be valid at least for all Member States as well as for every States through which its holder must pass when travelling between Member States.
3. No exit stamp is set on the passport of a family member if he/she presents a residence card.

1. Citizens of the Union are entitled to reside in national territory for an up to three months period without any other conditions and formalities than a valid identity card or passport.
2. The arrangement in the preceding number is also applicable to family members who, holding a valid passport, accompany (come along with) or join citizens of the Union.

1. Any citizen of the Union is entitled to reside in the national territory for a period longer than three months if the following conditions are met:
1. Has a professional activity as worker or self employed in Portuguese territory;
2. Has enough resources for him/herself and his/her family, as well as a health insurance, if mandatory for Portuguese citizens in the Member State from his/her nationality;
3. If he/she is registered in a public or private officially recognised school, if proves through a declaration or any other mean of evidence the possession of enough financial resources for him/herself and his/her family, as well as a health insurance, if mandatory for Portuguese citizens in the Member State from his/her nationality;
4. Is a family member accompanying or joining a citizen of the Union included in the preceding sub-headings.
2. Family members who haven’t the nationality from a Member State are also entitled to reside in the national territory for more than three months if accompanying or joining a citizen of the Union fulfilling the conditions of sub-headings a), b) or c) of the preceding number.
3. To the ends of sub-heading a) of n.º 1 the citizen of the Union who no longer has a professional activity maintains his/her status as worker or self employed when:
1. When is temporarily unable to work following a disease or accident;
2. When in a duly recorded involuntary unemployment situation, registered in the Employment and Vocational Training Institute as applicant to a job;
3. When embarking on vocational training since there is a relation between the former professional activity and the training course except when in a involuntarily unemployment situation.

1. Death or departure from the national territory by a citizen of the Union, as well as a divorce, annulment of marriage or ending a registered partnership doesn’t imply loss of right of residence from family members irrespective of their nationality.
2. Until they obtain the permanent right of residence, the above-mentioned family members, nationals from a Member State, must fulfil the terms of sub-headings a), b), c), or d) of n. º 1 of Article 7. º
3. Until they obtain the permanent right of residence, the family members mentioned in n. º 1, nationals from a third State, preserve their right of residence, as long as the following terms are met:
1. Are engaged in a professional activity as worker or self employed;
2. Have enough resources for themselves and their families, as well as a health insurance;
3. Are family members of a person who fulfils conditions mentioned in sub-heading a) or b), as long as the family has been set up in the national territory.
4. Departure from the national territory of a citizen of the Union or his/her death does not imply the loss of the residence right by his/her descendants residing in Portugal and attending school, as well as by the person who has them in effective ward.

1. Citizens of the Union and their family members are entitled to reside as referred by articles 7. º and 8. º as long as they meet the conditions mentioned.
2. The examination of conditions prescribed in articles 7.º and 8.º is likely when, in specific cases, there are reasonable doubts as to knowing if a citizen of the Union or his/her family members fulfil such conditions and is not made in a regular way.
3. An application to the Portuguese social security regime by the Union citizen or his/her family members does not imply the automatic loss of the right of residency.
4. In derogation of arrangements of n. º 1 and without prejudice of arrangements of chapter VIII, in any case can a measure of expulsion be taken against citizens of the Union and their family members in the following cases:
1. When having a professional activity as workers or self employed;
2. When citizens of the Union have come to Portugal to look for a job and prove they are still looking for a job.
5. The expiring of an identity card or passport with which the citizen entered the territory and obtained a registration certificate or residence card is no cause for expulsion from the national territory.
6. Arrangements of articles 25. º and 26. º are applicable, with appropriate adaptation, to any restriction decision on the right of residence of citizens of the Union and their family members for reasons not connected to public policy, public security or public health, and an interdiction of entry into national territory cannot be imposed when in case of expulsion.

1. Citizens of the Union who legally live in the national territory for five consecutive years are entitled to permanent residence.
2. Family members from third States who have legally resided with the citizen of the Union in Portugal for a period of five consecutive years are also entitled to permanent residence.
3. Right of permanent residence for citizens of the Union and their family members are not subject to the conditions laid down in chapter IV.
4. Continuity of residence is not affected by temporary absences not exceeding 6 consecutive months in a year nor long-lasting absences caused by complying to military obligations, nor by an absence of 12 consecutive months at the most, because of justifiable reasons, as pregnancy or delivery, serious illness, studies and vocational training, or displacement for professional reasons to another Member State or third country.
5. The citizen of the Union or his/her family member only loses the acquired right to permanent residence due to an absence from national territory for a period exceeding two consecutive years.
6. Continuity of residence may be proved by any admissible means of evidence..
7. Continuity of residence in interrupted by any valid executed decision of expulsion of the person.

1. In derogation to the preceding article, the following benefit from the right of permanent residence in the national territory, before the end of five consecutive years of residence:
1. Workers or self-employed workers who, at the date ending their activity, are entitled by law to a retirement pension or workers who ended their activity because of early retirement if they have worked in Portugal, at least, for the last 12 months and have consecutively resided here for more than three years;
2. Workers or self-employed workers who consecutively resided in Portugal for more than two years and end their activity because of permanent inability for work;
3. Workers or self-employed workers who, after three consecutive years of activity and residence in Portugal, have their activity as workers or self-employed workers in another Member State, maintaining their residence in Portuguese territory to which return every day or, at least, once a week.
2. To the ends of acquiring rights laid down at sub-headings a) and b) of the preceding number, the periods of activity in a territory of a Member State are considered as permanence in Portugal.
3. Periods of duly recorded unemployment situation, registered in the Employment and Vocational Training Institute, I. P., periods of suspension of activity by reasons not connected to the will of the citizen, and absence of work or ending of work because of illness or accident are considered periods of employment.
4. Conditions for the length of the period of residence and activity provided for in sub-heading a) of n. º 1 and the condition for length laid down at sub-heading b) of n. º 1 are not applicable if the spouse or partner, under the understanding of sub-sub-heading ii) of sub-heading e) of article 2. º, of the worker or self-employed worker is a national citizen or having lost the Portuguese nationality following marriage.
5. To the ends of what is lay down in sub-heading a) of n. º 1, if the citizen has had a non-paid activity to which a right to a retirement pension is not recognised, the age requisite is considered fulfilled when the citizen reaches the age of 60.
6. To the ends of what is laid down in sub-heading b) of n. º1, if the inability results from a working accident or professional disease which entitles the worker to a total or partial pension from a national institution, the period of residence requisite is no longer needed.

1. Without prejudice of what is laid down in n. º2, family members of a worker or self-employed worker who with him/her reside in Portuguese territory are, irrespective of their nationality, entitled to a permanent residence in national territory if the worker him/herself as acquired the right of permanent residence in Portugal, according to the stipulation of the preceding article.
2. In case of death of the worker of self-employed worker if, still during his/her professional life but before be granted the right of permanent residence in Portugal, according to the stipulation of the preceding article, family members who reside with him/her in Portuguese territory are entitled to permanent residence if one of the following conditions are met:
1. The worker or self-employed worker, at the time of his/her death, has resided in Portuguese territory for two consecutive years;
2. His/her death has been caused by working accident or professional disease;;
3. The living spouse has lost Portuguese nationality following marriage to that worker;

Without prejudice of what is laid down in article 12. º, family members of a citizen of the Union, under the conditions provided for in n. º3 of article 8. º, acquire the right to permanent residence after residing legally for a period of five consecutive years in Portuguese territory.

1. Citizens of the Union whose staying in national territory lasts more than three months must register in order to formalise their right of residence, during a period of 30 days after the three months of entry in the national territory.
2. Register mentioned in the preceding number is made at the municipal council of the area of residence.
3. During register, a register certificate is issued according to a model to be approved by the member of the government responsible for the home affairs, containing the name and address of the holder of the right of residence and the date of issue.
4. The register certificate refereed by the preceding number is valid for a period of five years counting from the date of its issuing or for the foreseen period of residence of the citizen of the Union, if this period is less than five years.
5. In order to issue the register certificate of the citizen of the Union a valid identity card or passport is needed, as well as the declaration under oath that the applicant fulfils the stipulations referred at sub-headings a), b) or c) of n. º1 of article 7. º when applied.
6. In order to issue the register certificate to a citizen of the Union who resides as family member the following documents are needed:
1. A valid identity card or passport;
2. A document proving the family relationship or quality as partner as provided for in sub-sub-heading ii) of sub-heading e) of article 2. ºif the documents mentioned in the preceding sub-heading that relationship or quality is not clear;
3. A register certificate of the accompanied citizen of the Union or to who is joining;
4. Documental proof that he/her is in ward according to the stipulation of sub-sub-headings iii) and iv) of sub-heading e) of article 2. º;
5. In cases laid down in n. º 2 of article 3. º a document issued by the capable authority from the country of origin or provenance, certifying that he/she is in ward of the citizen of the Union or living with the citizen in partnership, or proving that there are serious health reasons requiring imperatively the personal assistance by the citizen of the Union.

1. Family members of a citizen of the union, nationals from third States, whose sojourn in national territory extends for more than three months, must ask for the issuing of a residence card according to the model to be approved by the member of the government responsible for the home affairs.
2. The application for a residence card mentioned in the preceding number is made at central services or regional delegation of the Serviço de Estrangeiros e Fronteiras in the residence area within 30 days after the three months of entry in the national territory.
3. When applying a certificate proving a residence card was requested is issued.
4. In order to issue a residence card, the following documents are required:
1. A valid passport
2. A document proving the family relationship with the citizen of the Union or quality of partnership according to the sense given by sub-sub-heading ii) sub-heading e) of article 2. º;
3. Register certificate of the citizen of the Union who the family members accompany or join;
4. In the cases foreseen at sub-sub-headings iii) and iv) of sub-heading e) of article 2. º, a documental proof that he/she/ is in ward of the citizen of the Union;
5. In the case foreseen in n. º 2 of article 30 º, a document issued by the qualified authority of the country of origin or provenance certifying that he/she is in ward of a citizen of the Union or living with him/her in partnership, or the proof of serious health motives that imperatively require the personal assistance to the family member by the citizen of the Union.
5. The residence card mentioned in the preceding number is issued within three months from the date of request.
6. The residence card mentioned in n. º1 is valid for five years from the date of its issue, or for the foreseen period of residence of the citizen of the Union, is less than five years.
7. The right of residence for family members is not affected by temporary absences not exceeding 6 consecutive months in a year, by more lengthened periods because of military obligations, by an absence of 12 consecutive months, at the most, because of important motives as pregnancy, delivery, serious illness, studies or vocational training, or displacement for professional reasons to another Member State or third country.

1. Serviço de Estrangeiros e Fronteiras by request of the citizens of the Union entitled to a permanent residence issues a document according to a model to be approved by the member of the government responsible for the home affairs, certifying permanent residence.
2. The residence permanent certificate mentioned in the preceding number is issued by Serviço de Estrangeiros e Fronteiras within 15 days, depending, exclusively, on the verification of the period of residence.

1. To family members of the citizen of the Union who are entitled to a permanent residence, a permanent residence card is issued according to a model to be approved by the member of the government responsible for the home affairs.
2. The permanent residence card is issued by Serviço de Estrangeiros e Fronteiras within three months from the date of request.
3. Request for a permanent residence card must be presented before the residence card mentioned at n. º15 becomes null and void.
4. Interruptions of residence not exceeding 30 consecutive months do not affect the right of permanent residence.
5. In order to issue a permanent residence card the presentation of the residence card as family member of the citizen of the Union is considered enough.

1. Citizens of the Union living in the national territory benefit from equal treatment as the national citizens, without prejudice of admissible restrictions by community law.
2. Family members of citizens of the Union, nationals from a third State, benefit from the arrangements of the preceding number.
3. In derogation of what is provided for at n.º 1 and 2 no social pension is given to a citizen or his/her family members during the first three months of residence or during a longer period if the citizen of the Union entered the national territory to look for a job under the arrangements of sub-heading b) of n. º 4 of article 9. º
4. Before acquiring the right of permanent residence, no scholarships or any kind of social support for studies or vocational training will be given.
5. Arrangements of the preceding number are not applicable to citizens of the Union who are workers or self-employed workers and who had preserved this status, nor to their family members.

1. The right to moving and residing freely of citizens of the Union and their family members, irrespective of their nationality, can only be restricted on grounds of public policy, public security or public health, under the stipulations of the present chapter.
2. Grounds of public policy, public security and public health cannot be invoked for economic reasons.
3. Measures taken on grounds of public policy, public security or public health must match the principles of proportionality and based exclusively on the behaviour of the person in question who must represent a real, present and serious threat to a fundamental interest of society, and justifications not related to the individual case or based upon motives of general prevention cannot be used.
4. The existence of previous penal convictions cannot, by itself, serve as ground for the measures mentioned in the preceding number.
5. In order to determine if the person is a threat to public policy or public security, when issuing the register certificate or the residence card, information on the citizen can be asked to the Member State from his/her nationality and, possibly, to other Member States over information on criminal background of the citizen.
6. The information request mentioned in the preceding number cannot take a regular form.
7. Every time national authorities are asked to gather the information mentioned in the preceding number, these are gathered within one month.
8. Holders of a national identity card or passport are admitted into national territory without any formalities if expelled from other Member State on grounds of public policy, public security or public health, even if those documents are no longer valid or the nationality of its holder is challenged.

1. Before adopting an expulsion decision on grounds of public policy, public security or public health, is considered the residence period in the national territory of the citizen, his/her age, his/her health condition, his/her family and economic situation, his/her social and cultural integration in the country and the importance of bonds with his/her country of origin.
2. Citizens of the Union and their family members, irrespective of their nationality, who are entitled to a permanent residence, cannot be expelled form Portuguese territory except on grounds of public policy, public security or public health.
3. Except for imperative reasons of public policy, the decision for expulsion cannot be taken if the citizens of the Union have resided for the 10 preceding years in Portugal or if are under age.
4. Arrangements of the preceding number are not applicable if the expulsion regards an under age citizen and is decided upon the strict interest of the child pursuant the Convention of the United Nations on the Rights of Children, of November 20th, 1989.

1. The only diseases susceptible of justifying restrictive measures on the right of moving freely are exclusively the diseases with epidemical potential as defined by the proper instruments of the World Health Organisation, as well as other contagious, infectious or parasitic diseases according to the arrangements of protection applicable to national citizens.
2. The occurrence of diseases three months after the date of entry in the territory is not a justification for an expulsion from the territory.
3. If there are any serious symptoms justifying it, it may be required within three months of the date of entry in the national territory that the holders of the right of residence be submitted to a free medical exam, including complementary diagnosis exams in order to be certified that there are no diseases mentioned in n.º 1.
4. The medical exams mentioned in the preceding number cannot have a routine nature.

1. Any decision mentioned in n. 1 of article 22. º must be notified to the person in a way that he/she understands its substance and the particular effects on his/her personal status.
2. The person must be informed, in a clear way on grounds of public policy, public security or public health on which the decision is taken unless it is contrary to the interests of the State’s security.
3. The notification must specify the court or administrative authority before which a person can appeal the decision, the period for that appeal, and the period given to abandon the national territory if it is the case.
4. Unless a duly justified emergency motive is invoked, the period for abandoning the territory cannot be less than a month from the date of notification.

1. The decisions taken under the present chapter are liable to hierarchical appeal and judicial impugnation.
2. If the impugnation of a decision of expulsion is joined by a request of a provisional measure to suspend the effecting of the decision, the expulsion from the territory cannot be made until a decision is taken on the provisional measure.
3. The arrangements of the preceding number are not applicable when:
1. The decision on the expulsion is based upon a former judicial decision; or
2. The persons concerned have already judicially impugn the expulsion; or
3. The decision of expulsion is taken upon imperative grounds of public security under n. º 3 of article 23. º.
4. Impugnation should allow the decision’s legality assessment, facts and circumstances grounding it, as well as certify that the decision isn’t disproportioned, especially pursuant the conditions provided for in article 23. º.
5. The right to personal presentation of a defence case is guaranteed unless the presence of the citizen would trigger serious disturbance of the public security or when the impugnation relates to refusing leave to enter the territory.

1. The person who was interdicted to enter the national territory on grounds of public policy or public security may request a lifting of that interdiction after a reasonable period, according to circumstances and, always, three years after the execution of the definite decision of prohibition that has been legally taken.
2. To the ends of the arrangements of the preceding number, the person concerned should invoke means capable of proving that there was a material change of circumstances, which justified the interdiction of entering the territory in the first place.
3. The decision on the request according to the stipulation of the preceding numbers should be taken within six months from its application.
4. Persons mentioned in n. º 1 are not entitled to enter Portuguese territory during the period of assessment of their requests.

1. The decision on an expulsion from the territory as an accessory sanction to an arrest sentence can only be taken pursuant the conditions provided for in articles 22. º, 23. º and 24. º
2. More than two years after the decision of expulsion mentioned in the preceding number, it can only be applied after assessing if the person concerned is still an actual and present threat to the public policy or public security, and assessing if there is any material change of circumstances since the moment when the expulsion decision was taken.

1. For the issuing of a register certificate mentioned in article 14. º, a permanent residence certificate, a certificate stating a residence card for a family member was requested, a residence card or a permanent residence card, as well as the procedures and documents foreseen in the present law, fees will be established by the member of the government responsible for the home affairs.
2. Proceeds resulting from the fee on the issuing of the register mentioned in article 14.º are always, when made by the municipal council:
1. 50% for the municipal council;
2. 50% for Serviço de Estrangeiros e Fronteiras.
3. Proceeds from the rest of the fees go to Serviço de Estrangeiros e Fronteiras.
4. Charges and fees resulting from the issuing of documents mentioned in n. º1 cannot be higher than those demanded from national citizens when related to an identity card issuing.

1. Not complying with any of the obligations foreseen in n. º 1 of article 15. º and n. º 3 of article 17. º is an infraction punishable with a fine from €400 to €1500.
2. The register mentioned in article 14. º or its maintenance without the conditions provided for in articles 7. º and 8. º is an infraction punishable with a fine from €500 to €2500.
3. Negligence is punishable.
4. In case of negligence, the minimum and maximum limits of the fines foreseen in n.º1 and n. º 2 are reduced to half.
5. The implementation of fines mentioned in this article is a responsibility of the general director of Serviço de Estrangeiros e Fronteiras, a responsibility he/she can delegate according to law.
6. O produto das coimas reverte em 60% para o Estado e em 40% para o Serviço de Estrangeiros e Fronteiras.

1. In case of law abuse, fraud, or fake or convenience marriage or partnership, all rights of residence and social supports foreseen in the present law are refused and withdrawn.
2. Arrangements of articles 25. º and 26. º are not applicable to any decision taken according to the stipulation of the preceding number.

Approved in 22 of June 2006

The President of the Republic Assembly, Jaime Gama.

Promulgated in 26 of July, 2006

Published.

The President of the Republic, ANÍBAL CAVACO SILVA

Confirmed in 27 of July 2006.

The Prime-Minister, José Sócrates Carvalho Pinto de Sousa.