When the moment many third-country nationals long for finally arrives —the moment of obtaining a residence permit— a host of new questions often arises, particularly concerning the duration of stay and the reasons that might jeopardize the retention of the acquired residence permit.
It is important to know that, despite the completion of the legalization process, the foreign resident must continue to adhere to certain stay rules to ensure that their residence permit is not canceled.
Rules to keep the Residence Permit
According to the law, during the validity period of the temporary residence permit, its holder must not be absent from the country for a period exceeding six consecutive months or eight non-consecutive months. This means that, upon granting a temporary residence permit valid for 24 months, the foreign resident in Portugal must remain in the country for a minimum period of 16 months, which should be extended to 18 months if the period of absence is continuous.
Furthermore, after the first renewal of the temporary residence permit, which then has a validity period of 36 months, the holder of a residence permit must stay in Portugal for at least 28 months, extending to 30 months if the period of absence is continuous.
The granting of permanent residence also requires compliance with the periods of stay within national territory. According to the law, the holder of permanent residence cannot be absent from the country for a period exceeding 24 consecutive months or 30 non-consecutive months. This means that, over the 60 months of the permanent residence permit, the foreign resident in Portugal must be in the national territory for at least 30 months or, if the absence is continuous, for at least 36 months.
Failure to comply with these periods of stay in Portugal may indeed lead to the cancellation of the residence permit.
Residence Permit – Exceptions to the obligation to stay in Portugal
There are several exceptions to the mandatory compliance with these periods, which, being exceptions, do not result in the cancellation of the residence permit. The existence of compelling personal, family, or professional reasons that necessitate being absent from the country for periods longer than those listed does not harm the retention of the residence permit of the foreign citizen. However, it is the responsibility of the individual to notify AIMA – Agency for Migration and Asylum Integration – of this absence, either in advance or, if not possible, afterward, and to demonstrate that they continue to consider Portugal their country of residence where they intend to remain.
For example, if after the granting of the temporary residence permit valid for two years, the holder of the residence permit who has business abroad is forced to be absent from the country for a period of 10 months, their permit will not be canceled if the absence is justified to AIMA.
Each situation and exception must be analyzed on a case-by-case basis, bearing in mind that a justified absence extending beyond the periods listed in the law will always be the exception, not the rule. You can find out more about how it works in the table below and, if you have any questions, feel free to get in touch with our team of lawyers here.
