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I am Pakistani, married to a Portuguese national, so when we moved to the UK, I applied for my Residence Card in the UK, Now I want to travel to Portugal to register our marriage (as the consulate in the UK won't do it), so as she holds an EU passport and I hold Pakistani Passport. Do I still need a visa for Portugal to visit there for this purpose? Someone told me that I don't need as my wife is an EU national and you are his spouse so as long as you travel together in EU there is no need.

Just confirming before booking flights.

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    Not an answer because it's "absence of evidence, not evidence of absence", but I can't find any evidence to support "someone's" assertion. In addition, I would be concerned that until you have registered your marriage, Portugese officialdom may not regard you as married.
    – Martin Bonner supports Monica
    Commented Mar 13, 2019 at 12:55
  • @MartinBonner if the residence card is an article 10 card, which it probably is, then it doesn't matter whether Portugal has acknowledged their marriage. What matters is whether Nofel is traveling with his wife.
    – phoog
    Commented Mar 13, 2019 at 17:19

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If your "residence card" says that it is the residence card of a family member of an EU citizen, then it is an "article 10" card, and you might be able to travel to Portugal without a visa. If it doesn't say that, then you will need a Schengen visa to go to Portugal.

To travel to Portugal without a visa, by virtue of an article 10 card, you must be traveling with your wife or traveling to join your wife. If your wife does not accompany you on this trip and your wife is not already in Portugal, you will need a Schengen visa to go to Portugal.

If you travel with your wife, or travel to join your wife, then Article 5, paragraph 2, of the free-movement directive 2004/38/EC will apply:

Article 5

Right of entry

  1. Without prejudice to the provisions on travel documents applicable to national border controls, Member States shall grant Union citizens leave to enter their territory with a valid identity card or passport and shall grant family members who are not nationals of a Member State leave to enter their territory with a valid passport.

    No entry visa or equivalent formality may be imposed on Union citizens.

  2. Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. For the purposes of this Directive, possession of the valid residence card referred to in Article 10 shall exempt such family members from the visa requirement.

    Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.

  3. The host Member State shall not place an entry or exit stamp in the passport of family members who are not nationals of a Member State provided that they present the residence card provided for in Article 10.

(emphasis added)

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  • It does says “Reisdence card of family member of union citizen”.
    – localhost
    Commented Mar 13, 2019 at 21:44
  • @Nofel then you need a visa only if you are traveling without your wife.
    – phoog
    Commented Mar 13, 2019 at 22:06
  • So she needs to be with me, same applies for rest of EU?
    – localhost
    Commented Mar 14, 2019 at 22:01
  • @Nofel I'm not sure about Ireland, but for other EU and Schengen states, yes, you only qualify for the visa exemption if you travel with your wife or to join her. I'm leaving Ireland out because I don't know how the common travel area applies to those with UK residence permits or article 10 cards.
    – phoog
    Commented Mar 15, 2019 at 4:31

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