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Special residence — minor under mandatory guardianship — Article 122(1)(e)

PortugalFamily

Explore the five recorded questions, answers and sources for this pathway.

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Which family relationships qualify?

Minors compulsorily subject to guardianship under the Civil Code; minors under protection measures, even provisional (custody and care), individually or in an institution, may also be covered.

See recorded sources

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

The guardian's (tutor's) identity document is required with the application. The official source does not state the immigration or citizenship status required of the guardian.

See recorded sources
Limits of the record
  • Sources do not state an immigration/citizenship status requirement for the guardian or who formally files.

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

A certificate of the decision granting guardianship (with review/confirmation of a foreign judgment where applicable) or the original/certified copy of the child-protection decision by the CPCJ. Any court decision entrusting a foreign minor is considered; where no such measures exist (e.g. parents' death), proof that a guardianship request is pending or filed with the competent court is accepted.

See recorded sources

What important financial, accommodation, insurance or maintenance responsibilities apply?

Proof of means of subsistence and a sworn declaration of residential address stating the basis of occupation, with a land-registry certificate or a landlord/host declaration as applicable.

See recorded sources

How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

A temporary residence permit without a residence visa, applied for with the mandatory Modelo 1 form. Holders of residence permits granted without a visa under the preceding paragraphs enjoy the rights in Article 83 (education and vocational training, employed and self-employed work, health care, access to law and courts). The temporary residence permit is, subject to special legal provisions, valid for two years from issue and renewable for successive three-year periods. The official source does not state a path to independent or longer-term status.

See recorded sources
Limits of the record
  • Sources do not state how the status becomes independent or leads to long-term/permanent residence.
  • Article 75 validity is the general rule 'without prejudice to special legal provisions'.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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