Andorra-Portugal

INTRODUCTION

The Convention between the Portuguese Republic and the Principality of Andorra regarding the entry, movement, residence, and establishment of their nationals was signed on 23 July 2007 and entered into force on 1 September 2008.

Andorra and Portugal are both located on the Iberian Peninsula. However, there was no free movement between the two countries, as Andorra, unlike Portugal, is not a member state of the European Union. After the establishment of a free movement agreement between Andorra, Spain, and France in 2000, Portugal and Andorra followed suit in 2007.

The Andorran Portuguese Convention is nearly identical to the one established between Andorra, Spain, and France. Like its counterpart, the Andorran Portuguese Convention is asymmetric in nature. While Portugal grants Andorran nationals the right to reside in its territory under the same conditions as EU citizens, Andorra does not afford a similar right for the establishment of Portuguese nationals within its borders. This means that Andorran nationals can settle in Portugal as workers, self-employed individuals, or non-economically active persons in the same manner as nationals of EU Member States, although they are not treated equally in terms of family reunification. Conversely, the conditions for establishment applied to Portuguese nationals should be at least as favourable as those imposed by Andorra on nationals of any other EU Member State. Consequently, Portuguese nationals wishing to settle in Andorra remain subject to immigration restrictions.

The Convention stipulates that nationals of a Contracting Party residing in the territory of the other Party (i.e. those holding a valid residence permit (see Art. 1 of the Convention)) are to be treated equally to nationals of that other state party with respect to study, employment, and self-employment. It further guarantees the right to family reunification for the extended family of nationals residing in another state party.

Andorran nationals residing in Portugal are eligible for permanent residence under the same conditions as EU citizens residing in another EU Member State (i.e. after continuous residence of five years). Portuguese nationals who can demonstrate effective and uninterrupted residence and professional activity in Andorra for at least five years are entitled to a long-term residence permit.

On December 12, 2023, the European Union concluded an Association Agreement with the microstates of Andorra and San Marino, thereby involving the countries participating in the regime discussed here. The Agreement aims to strengthen political and economic cooperation between the EU and the two countries. It also provides for the free movement of workers and non-economically active individuals between EU Member States and Andorra and San Marino (see Art. 14 Association Agreement and Annex V Associated State Protocol). However, recognising their limited size and capacity, both microstates retain the right to impose restrictions and quotas on movement. In April 2024, the European Commission adopted proposals for Council decisions regarding the conclusion of the Association Agreement between the EU and Andorra and San Marino. The agreement is still pending ratification.

STATE PARTIES

• ANDORRA
• PORTUGAL

TIMELINE

KEY LEGAL DOCUMENTS

Convention between the Portuguese Republic and the Principality of Andorra relating to the entry, movement, residence, and establishment of their nationals, 23 July 2007 (Portuguese) (Catalan)