Acording to the Act 37/2006, August 9, in it’s Article 15 (Residence card of family members of Union citizens who are nationals of third States), “Family members of Union citizens who are nationals of third States who stay in Portuguese territory for more than three months shall apply for issue of a residence card, in accordance with the form approved by ministerial order of the member of Government responsible for internal administration.” The n.º 7 of the same article states that “The right of residence of family members shall not be affected by temporary absences not exceeding a total of six consecutive months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting for professional matters in another Member State or third country.” Therefore, without prejudice to best opinion, there will not be an issue if the temporary absence does not exceed a total of six consecutive months a year.
