DM13

So i'm a dual citizen.. born to Portuguese parents and currently live in Canada. I was registered at birth as a Portuguese citizen.. actually just picked up the all in one card a couple of months ago.

So i assume i can visit and stay as long as i'd like? Do i need a residency card after a certain amount of time? I am planning to move to Portugal within the next few years, but right now was just hoping to spend the winter there.

How about my wife and child? They are not Portuguese citizens.. any way they can stay more then 90 days?

Any help would be great, thanks.

BritInParis

As a Portuguese citizen you can come and go from Portugal as you please. Just obtain your Portuguese passport before you go.

You should register your child as a Portuguese citizen as your parents registered you and obtain their Portuguese passport.

What passport(s) does your wife hold? Does she have any recent European ancestry?

DM13

I tried to register my child, they told me i had not registered my marriage in Portugal yet and would need to do that first. Which i need to get a copy of my wife's birth certificate certified from the portuguese consulate in the place of her birth (Iraq). Which is strange because she has been a Canadian citizen for over 20 years. We are planning to leave late October or early November so im not expecting it getting done before then.

She has a Canadian passport and no European ancestry.

BritInParis

You'll need to sort that out in Portugal then. Your child can spend up to 90 days in Portugal as a visitor so providing you can register his or her birth before the 90 days is up you'll be fine.

How long have you and your wife been married?

DM13

Getting things of this sort done usually takes a painfully long amount of time, so i'm wondering if there would be any ways to extend their stay if it doesn't get done within those 90 days?

We have been married a little over 3 years.

BritInParis

Not without going through another bureaucratic process which is likely to take just as long. Perhaps change your plans and only look to spend three months unless you can arrange the paperwork before your time is up.

If you have been married for over three years then your wife can also now apply for Portuguese citizenship through marriage.

DM13

Someone mentioned a Short Term Residence Permit would allow them to stay up to a year. Not sure how difficult it would be to get one, but i guess i'll ask at the Consulate at one of the hundreds of times i'm sure i'll have to go there before we leave!

Yeah, getting her Citizenship would be the next step. Wonder how many years that would take!

Red Eric

I was going to suggest that you contact the Consulate for chapter and verse on requirements for your family before Brit stepped in with his very helpful advice.

I've had a comb through the relevant parts of the legislation and there doesn't seem to be any special concession for non EU family members of PT citizens who are not resident in Portugal. The closest it gets on the Short Term Resident Permit is family member of a PT resident. Worth asking nonetheless - maybe I've missed something and it doesn't cost anything if you have to go there for something else anyway.

WRT citizenship for your wife, there may well be a language and integration into Portuguese society requirement. Again, worth asking, though.

mfesharne

I'm no expert but would think if the O/P has the right to reside the wife & child could get the same under reunification of family?

Probably have to produce the marriage certificate with whatever the document is called (slipped my mind right now) that states the marriage is legal in the country it took place in.

Red Eric

They could, with the right documents and if they were intending to reside but it doesn't apply for a long visit as far as I can tell.

Apostille is the word you're looking for, I think.

DM13

I'm starting to think we may just have to stay 3 months instead of the 5 i was hoping for!

Now, as i do want to reside there within the next few years, when would i need to apply for residency? Would i need to be in Portugal for a certain amount of months before i could apply?

Also, i guess it would be much easier to bring the wife over to reside under reunification of family then it would for her to become a Portuguese citizen through marriage?

mfesharne

You're right.... Apostille is the word I was looking for. Thanks.

So surely he could always register as a resident on arrival then bring family in on reunification & deregister on departure?

Red Eric

He wouldn't need to register as a resident in the way that we from other EU member states do but whether he's resident would be apparent to the authorities through such things as whether he's registered as such with the Finanças (which would then oblige him to file a tax return and pay PT tax on worlwide income).

Assuming he doesn't want to do that or to mucky up the process of applying for family reunification when he actually does want to become resident, it might be best for him to be straight about his intentions from the outset.

In your shoes, I would make an enquiry at the Consulate. They'll tell you for sure what is and what isn't possible.

As a PT national, you don't need to apply. As far as I know, all you'll need to do is change status from non-resident to resident with Finanças and get yourself registered at the local health centre so you can be assigned to a GP. And comply with whatever regs apply to your driving licence. Other than that I can't think of anything else for you to do at this end come the time.

That is the impression I have, too. But I think you would be well advised to consult the Consulate in Canada well in advance of emigrating in order to sort out as far as possible exactly what documentation you need and have it ready before departure.

DM13

Yeah, i guess i have to wait for the marriage to be registered and my child to be a Portuguese citizen before i move on from there. I'll get all the information next time i spend the day at the consulate.

Looks like i better get ready for the deep freeze of the Canadian winter!

captainflack

I don't think driving license is an issue. When I came to Portugal three years ago, my UK license had been lost in the move (I was in Dubai 8 years) so I drove on my UAE license. I was told could use this for up to a year. Hire car companies had no problem with it, and we bought, registered and insured a car using that license, though I now have a new UK one which is registered here.

My wife took her UAE license to the driving department with a doctors letter and they issued her a brand new PT license in return (though it did take 18 months to actually get the plastic one)!

So I am sure a Canadian license will be fine for 5 months.