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Relatives of EU, EEA

Short Stay Type C Visa for Relatives of EU, EEA, Swiss Citizens or UK Nationals under the Withdrawal Agreement:

Short Stay Type C Visa for Relatives of EU, EEA, Swiss Citizens or UK Nationals under the Withdrawal Agreement:

At Crown Portugal, we are dedicated to providing you with thorough visa information to aid in your travel plans. Below, you will find detailed guidance on the Short Stay Type C visa application process, eligibility criteria, required documentation, and common mistakes for relatives of EU, EEA, Swiss citizens, and UK nationals under the Withdrawal Agreement.

Disclaimer:

Distinction of Legal
Services It is crucial to emphasise that Crown Consulting does not offer legal services. Our activities are purely advisory and do not cover the following: Legal Advice: We do not provide legal opinions, interpret laws, or advise clients of their legal rights or obligations. Instead, we provide general guidance on procedural matters based on publicly available information. Legal Representation: We do not represent clients in legal proceedings or communicate with legal authorities in a capacity that requires a licensed attorney. Preparation of Legal Documents: We do not draft or prepare documents such as contracts, petitions or any other formal legal instrument requiring legal expertise.

Nature of Consulting
Services Crown Consulting specialises in providing consulting services to assist clients in various administrative and procedural matters. Our services include but are not limited to Consulting on Administrative Procedures. We provide guidance on the procedural steps necessary to obtain multiple documents and manage requests for entry, stay and residence of foreign citizens in Portugal. This includes helping to understand the requirements, accessing education and eligibility for the necessary documentation, providing guidance on essential documents, collecting documents, and directing them to the correct path. Our role is to enable accurate decisions to be made during administrative processing. Assistance with Information and Documentation: We offer information on obtaining the necessary permits, visas, and other educational, skills, and knowledge documents. Our role is to assist clients in collecting and organising the required materials, ensuring they meet all administrative criteria.

EU Free Movement Directive 2004/38/EC

The European Union (EU) Free Movement Directive 2004/38/EC grants third-country nationals who are family members of EU citizens, EEA countries (under the Withdrawal Agreement) the facilities to obtain their visas. These nationals are required to hold an entry visa, in compliance with Regulation (EC) No. 539/2001, provided they are core family members.

Core Family Members Defined

(Article 2(2) of Directive 2004/38/EC)

  • Dependent ascendants and those of the spouse or partner
  • The spouse
  • The partner in a registered partnership recognized as equivalent to marriage by the host EU Member State
  • Descendants under the age of 21 or dependent, including those of the spouse or partner

Eligibility Criteria: 

Eligibility Post-Transition Period (Article 10 WA)

Eligible family members can join Withdrawal Agreement beneficiaries in Portugal after the transition period ended on December 31, 2020. These include:

  • Directly related family members residing outside the host State at the end of the transition period and meeting the conditions of Article 2(2) of Directive 2004/38/EC
  • After the transition phase, children born to or adopted by a beneficiary of the Withdrawal Agreement
  • Durable partners residing outside the host State before the end of the transition period, with the relationship continuing when seeking residence

Family members can apply for Withdrawal Agreement beneficiary status at any time after the transition period

Short Stays for Family Visits

The Withdrawal Agreement does not cover short stays for visiting Withdrawal Agreement beneficiaries. Family members must adhere to the regular entry conditions for non-EU nationals under the Schengen Borders Code (Article 6(1)).

Visa Facilitations for Joining Family Members (Article 14(3) WA)

  • Third-country national family members of Withdrawal Agreement beneficiaries who need a visa must be treated equally to family members of EU citizens. The conditions include:
  • The visa application must fall under Article 14(3) of the Withdrawal Agreement
  • The sponsoring UK national must be a Withdrawal Agreement beneficiary
  • The family member must be covered by Article 10 of the Withdrawal Agreement

First Visa Application

Generally, the first visa application of an eligible family member falls under Article 14(3) WA.

Multiple Visa Applications

In Portugal’s declaratory scheme, multiple short-stay visas can be issued if the family member maintains Withdrawal Agreement beneficiary status, respecting absence rules (up to five years for permanent residency, or no more than six months in a year for non-permanent residence or a single absence of up to twelve months).

Step-by-Step Guide to Visa Application

Step 1: Determine Your Visa Type

  • Relatives of Swiss EU, EEA, Swiss Citizens or UK Nationals under the Withdrawal Agreement:
  • Relatives of UK Nationals: Specifically, those covered under the Withdrawal Agreement.
  • Relatives of EU, EEA, Swiss Citizens: Includes core family members (spouse, registered partner, dependent descendants, and ascendants).

Step 2: Gather Required Documents

  • Valid Passport: Must be valid for at least three months beyond the intended stay.
  • Proof of Relationship: Marriage certificate, birth certificate, or registration of partnership.
  • Travel Medical Insurance: Covering at least €30,000 for medical expenses, valid throughout the Schengen area.
  • Visa Application Form: Completed and signed.
  • Passport-Sized Photos: Two recent photos meeting specific criteria (see below).

Additional Documents for Specific Cases

  • Funeral Attendance: Declaration from the funerary agency and proof of the deceased being an immediate family member.
  • Joining Family Members under the Withdrawal Agreement: Documentation proving residence status and relationship to the beneficiary.

Step 3: Photo Specifications

  • Size: 35×45 mm
  • Background: Plain white or light-coloured
  • Face Coverage: 70-80% of the photo
  • Quality: High resolution, no marks or creases
  • Expression: Neutral, eyes open and visible

Step 4: Submit Your Application

  • Book an Appointment: Schedule your visa appointment at the application centre. If issues arise, contact the Embassy of Portugal via email with the required documentation.
  • Prepare Your Application: gather all documents and photos.
  • Attend the Appointment: Submit your application, provide biometric data.
Download Document Checklist

Step 5: Processing Time

  • Standard Processing: Up to 15 days from the date of application submission.
  • Expedited Processing: Available in exceptional cases such as urgent medical needs or funerals.

Special Considerations

Family Members of UK Withdrawal Agreement Recipients in Portugal

Eligibility Post-Transition Period (Article 10 WA)

  • Durable Partners: Relationship must continue from before the transition period.
  • Family Members Residing Outside the Host State: Must fulfil conditions of Article 2(2) of Directive 2004/38/EC.
  • Children Born or Adopted After Transition Period: Eligible for joining and obtaining residence status.

Application and Residence Rights

  • Visa Applications: Must be facilitated as per Article 14(3) WA.
  • Short Stays: Not covered by the Withdrawal Agreement. Regular entry conditions apply under the Schengen Borders Code.
Practical Tips and Additional Information
  • Multiple Visa Applications: For declaratory schemes like Portugal, multiple short-stay visas can be issued if the family member maintains Withdrawal Agreement beneficiary status, respecting absence rules.
  • Contact Information: Contact the destination Embassy for more help or to discuss specific issues.

Common mistakes

  • Not supplying enough evidence of a relationship
  • Forms for visa applications filled out incorrectly
  • submitting images that don’t fit the requirements
  • Not meeting the deadlines for applying for a visa

FAQ Visa for Relatives of EU, EEA:

Q: How long does the visa application process take?
A: The standard processing time is up to 15 calendar days, but expedited processing is available in exceptional cases.
Q: Are there any fees for visa applications for core family members?
A: Visa applications for core family members are free of charge.
Q:Can a durable partner can apply visa?
A: Yes, durable partners can apply provided the relationship existed before the end of the transition period and continues to exist.
Q: What if my application is denied?
A: If your application is not successful, you will receive a detailed explanation. You can appeal or reapply.
Q: Is travel medical insurance mandatory?
A: Yes, you must have travel medical insurance covering at least €30,000 for medical expenses, valid throughout the Schengen area.

By following these guidelines, relatives of EU, EEA, Swiss citizens, or UK nationals under the Withdrawal Agreement can ensure a smooth and efficient visa application process. At Crown Portugal, we strive to provide all necessary information to facilitate your travel and family reunification.