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How long absent from Portugal voids temporary residence renewal?

sandraawilliams153

I heard that if you leave Portugal for 6 consecutive months or 8 months in total (in other words, you don't live in Portugal), the temporary residence permit will not be renewed after it expires.


So, the 6 months and 8 months here refer to 1 calendar year or the validity period of the residence permit. Currently, there are two types of temporary residence permits, one is valid for two years and the other is for three years.


Does anyone know?

See also

Work visas in PortugalGeneral visa requirements for PortugalMoving to PortugalD7 which documents need apostilleDigital Nomad Visa Processing Time
JohnnyPT

Minimum stay requirements

/forum/viewtopic.p … 42#5345092

(Post #21)

sandraawilliams153

@JohnnyPT


Thank you very much for your reply.


But I am still a little confused:


The minimum stay requirement is that one does not spend more than 6 consecutive or 8 non-consecutive months out of Portugal during the validity of each temporary permit.


This paragraph says that during the validity period of the temporary residence permit, the time away from Portugal cannot exceed 6 consecutive months or 8 non-consecutive months, but the current validity period of the temporary residence permit is either 2 years or 3 years. Does that mean that within the 2-year (or 3-year) validity period, you can only leave for a total of 6 months (or non-consecutive 8 months)?



- Years 3, 4 and 5


Minimum Stay in Portugal: 6 consecutive months or 8 non-consecutive months each year.

I.e in these 3 years, you must stay at least 6 months consecutively yeach year,

     OR

     a total of 24 months (= 8 months × 3 years ), if you come and go whenever you want;


This paragraph says that you must live in Portugal for at least 6 months (continuously) or at least 8 months (non-continuously) each year. If so, the time you can leave is:


If you leave continuously:

In the 3rd year, you can leave for 6 months after living continuously for 6 months

In the 4th year, you can leave for 6 months after living continuously for 6 months

In the 5th year, you can leave for 6 months after living continuously for 6 months

During the validity period of the temporary residence permit, you can leave for a total of 18 months in 3 years


If you leave non-continuously

In the 3rd year, you live non-continuously for 8 months, which means you can leave for 4 months in that year

In the 4th year, you live non-continuously for 8 months, which means you can leave for 4 months in that year

In the 5th year, you live non-continuously for 8 months, which means you can leave for 4 months in that year


During the validity period of the temporary residence permit, you can leave for a total of 12 months in 3 years


I feel that my understanding may be wrong because I have reached different conclusions. Can you tell me which one is correct?


Thank you very much!

JohnnyPT

For holders of temporary residence permits, the absence from national territory should not exceed six consecutive months or eight interpolated months during the total validity period of the authorization.

sandraawilliams153

@JohnnyPT

Thank you very much! 

gosogut

@JohnnyPT Hello Johnny,


Obliged to stay in Portugal for 6 consecutive or 8 interpolated months is a different rule than  the absence from national territory should not exceed six consecutive months or eight interpolated months. Which one is the through rule?


So is the related duration : Is the rule valid for one (each) year or for the total duration of 2 or 3 years of temporary residence permit?


Both expressions are pretty confusing. Is there any related official law phrase please? Or who can provide an accurate information on that? Thank you.

JohnnyPT

Article 85

Cancellation of residence permit

PDF

'https://www.sef.pt/en/Documents/LeideImig(Lei29_2012)EN.pdf'

(Remove quotes, copy & past in your browser)

gosogut

@JohnnyPT

thank you for the official document Johnny.