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What happens to my son after he turns 18 as a holder of the Portuguese Golden Visa?

He's been living in my property in Portugal but he’s soon turning 18 and concerned he may no longer be able to keep his status since he won’t count as a dependent anymore. Could you clarify, please? Will he lose his resident status once he no longer qualifies as a dependent? Or does it only apply at the time of filing?

Answers
  • Sara Sousa Rebolo
    Prime Legal
    March 29, 2023

    If a reunified family member turns adult (18 years old) during the Golden Visa program, he can continue to be considered a reunified family member if 3 conditions are met at the renewal moments: to be single, to be economically dependent, to be studying, even if out of Portugal. If one of such conditions is not met, he/she must start his / her own immigration process as the main applicant. The years holding a permit as Golden Visa reunified member will count for a future citizenship application.

  • Tiago Gali Macedo
    NEXT/Gali Macedo & Associados
    March 13, 2023

    Children over 18 years old who are dependent on Golden Visa holders do not lose their status as residents in Portugal. They do, however, need to fulfill some extra criteria in order to be able to renew the residence permit. These criteria are: being single, being enrolled in a teaching institution as a student, and being financially dependent on the main investor.

  • André Silva Pereira
    Alves & Silva Pereira
    March 10, 2023

    No, your child will not lose his resident status. Article 98 of Law n.º 23/2007, 4th of July, allows family reunification with adult children (18 years or older), as long as they meet the following conditions: they are dependents of the couple or one of the spouses; they are single (they must present this certificate); they are studying at an educational institution in Portugal (proof that they are still studying must be presented).

  • Raquel de Matos Esteves
    RME Legal, Soc. de Advogados, SP, RL
    March 09, 2023

    There are no amendments foreseen in the family reunification regime, and it is not completely clear how the potential new requirements for the main applicant renewal will impact the family members. However, under the general legal rule, after two years of residency, the family member acquires their own and personal right to reside in Portugal, independent from the family link that conduced to the initial application.

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