So as many here may know, my wife and I have been waiting on pre-approval since 2022. Unfortunately it now seems we are getting divorced.
Does anyone know how Portugal will handle this? Main applicant continues on, dependent not? split it into two applications (doubt it)?
Looking forward to your thoughts…
First off, I am sorry to hear that you are getting divorced. As someone who has been through it before, it’s a terrible process and I wish you the best on the new chapter of your life.
My thoughts (and these are just thoughts - don’t look at me like I know anything) are that the dependent cannot continue on. The use of the term “dependent” or “spouse” implies that they are actively your dependent or spouse. That’s why people with children need to prove (and must continue to prove) the kids are in school or otherwise financially dependent on the main applicant to go through the GV process. Indeed, that is why you have to fill out the form that states you will financially support your dependents as part of the GV process.
Whatever you do, don’t lie or misrepresent anything to AIMA. I have no idea what the penalties are, but I am fairly confident that any application(s) connected to false statements would be instantly denied. Even if you went through the entire process and got citizenship, I would assume Portugal could strip you of your citizenship as obtained under false pretenses (plus other penalties).
I would never do anything under false pretenses (even tho there’s no such thing as a “divorce certificate” or registry afaik, particularly as we married in one US state and are divorcing in another.)
Very sorry to hear @ohbee. We’ve never met, but somehow I feel like I know you, from spending too much time on this forum agonising over the never-ending PT GV sh*tshow.
If it helps, here’s some AI-generated advice… of course always vet anything created by AI 
Impact of Divorce During Pending Application
If a divorce occurs while the ARI visa application is pending, the dependent spouse’s eligibility is likely to be affected. The marital relationship is a key criterion for inclusion, and a divorce would sever this link. Based on general immigration principles, changes in circumstances, such as the end of a marriage, must be reported to the immigration authority, in this case, the Agency for Integration, Migration and Asylum (AIMA), formerly SEF. The Law on Foreigners (Law no. 23/2007, of 4 July) does not explicitly address this scenario for pending ARI applications but provides insights into family reunification, which may offer indirect guidance.
Under Articles 98-108 of the Law on Foreigners, family reunification allows eligible family members, including spouses, to join the primary resident, with conditions such as proof of accommodation and means of subsistence. Notably, Article 107 states that after two years, family members can obtain autonomous residence permits, or earlier in exceptional cases, such as divorce or domestic violence. However, this provision applies to those already residing in Portugal, not to pending applications. For a pending ARI visa, the dependent spouse, no longer married, would likely be ineligible to proceed as a dependent, potentially leading to their part of the application being denied while the primary applicant’s application could continue.
Notification and Procedural Requirements
It is essential for the primary applicant to notify AIMA of the divorce to maintain transparency and comply with immigration regulations. The EU Blue Card provisions under Article 121-G(2) of the same law require holders to communicate changes affecting their status within the first two years, preferably in advance, which suggests a similar expectation for ARI visa applicants. Failure to report could result in complications, such as application delays or rejection. The primary applicant should seek guidance from AIMA or consult immigration lawyers…
Comparative Insights and Exceptions
An interesting detail is that some immigration systems allow for consideration of the relationship’s status at the time of application, even if it changes later, provided it was genuine. However, Portuguese law, as per the available information, leans toward assessing eligibility at the time of decision, which could disadvantage the dependent spouse post-divorce. Additionally, the Law on Foreigners mentions fraud checks for marriages entered for immigration purposes (Article 108), but this is more relevant to initial applications rather than changes during processing.
@ohbee I’m sorry, I didn’t mean to imply that you would do anything dishonest. I was more concerned that someone who read this post later on might think that it would be a good idea to pull a fast one on AIMA.
Very sorry to hear this. A recent copy of your marriage certificate is required at biometrics, so you definitely still need to be married. I think the only option would be for the dependent to make a second investment in their own name.
Or get a D7 … or just forget about it. Why does a divorcee necessarily even want to go to the same country as their ex-spouse?
Maybe it’s about the EU passport, rather than moving to Portugal? Certainly for my spouse and I this is something we want equally, so it would be a very difficult situation to navigate if we were in the OP’s shoes. Much sympathy for this difficult situation.
We married in one US state and are divorcing in another. I am guessing the former will issue marriage certificates til the end of time but who knows. Doubt there is a national divorce database.
We want the passport rather than to live in Portugal.
Much sympathy for your situation. Don’t know how we would handle it if we found ourselves in a similar place.
Acquaintances have gone ahead with separation , living separate lives , houses , cities , finances etc but not actually pushed the final button on getting formally divorced for over a decade for reasons similar to this. (Immigration limbo: one spouse would lose rights in a place they call home )
Again , sorry to hear about this.
Does anyone know if legally separated is treated the same as divorced?