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[D7] Can I spend 6 months per year in Portugal?

tcdikkbqthh

AFAIK absence allowance is 8 months for first 24 months. Then 8 months for the next 36 months. That means they want you in the country for almost 9 months a year for 5 years (avg).

You can get waivers for personal/professional reasons but they want you to provide documents that prove you actually needed to be abroad. If they are not satisfied, they might refuse to extend your residency. How strict they are is unknown to me. Lawyers said this depends on the person who’s reviewing your case. I tried to learn more details but couldn’t.

I am guessing they wouldn’t be ok with you spending 6 consecutive months in PT and the rest abroad with your aged parents just because you want to spend quality time with them? Especially if you want to do that for 5 years.

See also

Living in Portugal: the °µÍø½ûÇø guideRenewal of Residence CardSeeking Advice - Moving to Portugal soonRoad safety in PortugalNew members of the Portugal forum, introduce yourselves here - 2025
williamstony360

What is AFAIK?

JohnnyPT

D7 visa - Renewals and minimum stay requirements


/forum/viewtopic.p … 42#5345092

(Post #21)

tcdikkbqthh

D7 visa - Renewals and minimum stay requirements



/forum...

I was told that the rules were updated recently. Now it's more strict. I was told these are the current requirements https://imgur.com/a/2Yk5baCÌýCan you comment on that?

JohnnyPT

I don't comment on a link like that that is not official, has no reliable source, and I don't even know what that website is. If you have doubts, you should inform yourself properly with credible Portuguese entities or Portuguese lawyers and solicitors. You have this support here:

Solicitors, Lawyers & Administrative division of Portugal

/forum/viewtopic.php?id=941009


tcdikkbqthh


@JohnnyPTÌýI just found the source

I suppose "In the total period of validity of the authorization refers" doesn't refer to 1 year


tcdikkbqthh

Is the link showing up? ***

Moderated by Cheryl 3 years ago
Reason : External link.
We invite you to read the forum code of conduct
tcdikkbqthh


@JohnnyPTÌý

Link isn't showing up. So I'm copy pastingÌý

ALIENS ACT

Approves the legal regime for the entry, stay, departure and removal of foreigners from the national territory.
Legal citation: Lei n.o 23/2007, de 04 de Julho (pgdlisboa.pt)
Article 85: Cancelation of Residence Permits
2 - Without prejudice to the application of special provisions, the residence permit may also be cancelled when the person concerned, without relevant reasons, if absent from the country:
a) Being the holder of a temporary residence permit, six consecutive months or eight interpolated months, in the total period of validity of the authorization;
(b) being the holder of a permanent residence permit, 24 months in a row or, within a period of three years, 30 interpolated months.
This article contains the amendments to the following diplomas:Ìý
- Law No. 29/2012 of 09/08
- Law No. 102/2017 of 28/08Ìý

JohnnyPT

RIGHTS AND DUTIES OF A RESIDENCE PERMIT HOLDER


tcdikkbqthh


@JohnnyPTÌýYou're linking a general webpage that has no information about minimum presence requirements for residencies without saying anything relevant and addressing the actual law.Ìý

Did you even look at the source I linked?? I gave you the law article. Article 85: Cancelation of Residence Permits.



JohnnyPT

That law is from 2012, not a recent one. I don't understand the content of your posts...what do you want? That the law should be changed?.... I can't help you more...

(Lei29_2012)EN.pdf

(PDF doc)

Art.85:

2. Without prejudice to the application of special provisions, the residence permit may also be cancelled when the interested party, without reasonable motives, is absent from the Country:ÌýÌý

a) Being the holder of a temporary residence permit, six consecutive months or eight interpolated months, within the overall validity of the authorisation;Ìý

b) Being the holder of a permanent residence permit, 24 consecutive months or, in a period of three years, 30 interpolated months.Ìý



tcdikkbqthh

@JohnnyPTÌý

The first link you commented (/forum/viewtopic.p … 42#5345092) has false information according to the law. Am I wrong?

The residence permit may also be
cancelled when the interested party, without reasonable motives, is absent from the Country:
a) Being the holder of a temporary residence permit, six consecutive months or eight interpolated
months, within the overall validity of the authorisation.

Your first temporary residence is valid for 2 years. SoÌýoverall validity of the authorisation refers to 2 years. If you leave Portugal forÌýsix consecutive months or eight interpolated months within 24 months period, your residence permit may be cancelled.

Your second temporary residence is valid for 3 years. SoÌýoverall validity of the authorisation refers to 3 years in this case. If you leave Portugal forÌýsix consecutive months or eight interpolated months within 36 months period, your residence permit may be cancelled.

You seem to think "overall validity of the authorisation" means 1 year.

Am I reading this wrong?Ìý


rkent321

This doesn't apply to me because I plan on living in Portugal should I be fortunate enough to be approved for my D7, but as long as someone didn't leave the Schengen, wouldn't it be difficult to police the stay requirement? I could be wrong, but don't believe there are many, if any, passport checks going between Schengen countries?? idk :)

tcdikkbqthh
So nobody in the whole forum knows about this
jacksdad
@williamstony360Ìý

As Far As I Know ;-)