Question about spouse that can't be 8 or more months in Portugal

navegarepreciso · 2023-06-28T18:20:47+02:00

Explore options for maintaining residency in Portugal on a D7 visa when your spouse cannot stay 8 months due to family obligations. Practical advice for Brazilian residents.

navegarepreciso New member

Member since 28 June 2023

navegareprecisoNew member28 June 2023 16:20:47

We're planning to move to Portugal in the next few years with the D7 visa. I have no problems with the minimum stay requirement (which is, apparently, 16 months for first 2 years - about 8 months per year, and 28 for the next 3 years - which is about 9.3 months per year).

However, my wife has a sick sister and sick parents that require a lot of traveling, plus our adult children live in the US. We might manage for her to stay 6 months in Portugal, but we can tell it'll be almost impossible for her to stay 8 months.

Is there a way for the spouse to be in a different residency or visa? We can't afford the golden visa (especially with the upcoming changes) and the tourist visa won't work because of the 90/180 rule. She is Brazilian, if that makes any difference.

Thanks!

JohnnyPT Portugal Expert

Member since 23 May 2020

JohnnyPTPortugal Expert28 June 2023 17:09:28

4913

Hi,

Being Brazilian does not give her additional benefits for these periods of stay not to be fulfilled.

There is an option for not meeting these minimum periods, which is to be able to prove that she is developing a professional, business, cultural or social activity in the country of destination.

As a general rule, "reasonable reasons" must be demonstrated for the absence, under penalty of the authorisation being cancelled or its renewal denied. You really need to get information from SEF, only they will be able to advise you.

Golden visa was the right one for you, not the D7. But Golden visa is now much more difficult to get, but it is still possible under some rules. Think about it and find out about it.

Regards

navegarepreciso New member

Member since 28 June 2023

navegareprecisoNew member28 June 2023 18:20:04

Thanks for your reply.

So I'm assuming even the family reunification visa has the same minimum stay requirements?

JohnnyPT Portugal Expert

Member since 23 May 2020

JohnnyPTPortugal Expert28 June 2023 18:21:16

4913

Case study here:

SEF - DEVER DE COMUNICA脟脙O

Se titular de autoriza莽茫o de resid锚ncia tempor谩ria e, durante o seu per铆odo de validade, pretender ausentar-se de Portugal por per铆odo superior a seis meses consecutivos ou oito meses interpolados dever谩 comunicar esse facto ao SEF, antes de sair de territ贸rio nacional

navegarepreciso New member

Member since 28 June 2023

navegareprecisoNew member28 June 2023 19:52:29

Interesting that the law mentioned here (lei n.潞 23/2007) was before they changed the time of the temporary residency from 1 to 2 years for the first one, and from 2 to 3 years for the second one during COVID. I wonder if it was a mistake. No other residency visa in Europe is so strict like the Portuguese after the changes.

It does seem that my wife could go after "raz玫es atend铆veis" to help take care of her relatives although she has to do that before traveling "dever谩 comunicar esse facto ao SEF" (although I read somewhere that usually SEF doesn't reply to those requests, or they do reply but addressing something else). Maybe even visiting adult children in the US may be covered there. Oh well, I guess we'll need to talk to a lawyer before starting the process.

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JohnnyPT Portugal Expert

Member since 23 May 2020

JohnnyPTPortugal Expert29 June 2023 08:01:12

4913

You are right, the text of the case presented refers to 2019 and the change from 1 to 2 years was made in 2020.

Regarding Brazilian citizens, there have recently been more favourable visa changes. Find out more about this. But for the D7 visa the rules are the same for all applicants, regardless of their country of origin.

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