How long can you be outside Portugal without losing your residence permit?
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Portugal's immigration law says a temporary residence permit can be cancelled if you are away without good reason for six consecutive months, or eight months in total during its validity. For a permanent permit the limits are 24 consecutive months, or 30 months within three years. Longer absences can be justified to AIMA.
Key facts
| What | The law says | Source |
|---|---|---|
| Temporary permit | Can be cancelled after 6 consecutive months, or 8 non-consecutive months, away during the permit’s total validity, without acceptable reasons | Lei 23/2007, art. 85.2(a) |
| Permanent permit | Can be cancelled after 24 consecutive months away, or 30 non-consecutive months within 3 years | Lei 23/2007, art. 85.2(b) |
| Longer absence | Must be justified by a request to AIMA before you leave, or in exceptional cases after you leave | Lei 23/2007, art. 85.3 |
| Work or activity abroad | Not cancelled if you prove professional, business, cultural or social activity during the absence | Lei 23/2007, art. 85.4 |
| If cancelled | You are notified with the reasons and the card is taken; you can challenge it in the administrative courts | Lei 23/2007, art. 85.5 and 85.7 |
The limits
The law says a residence permit “may also be cancelled” when the holder is away from Portugal without acceptable reasons for longer than these limits:
- Temporary residence permit: six months in a row, or eight months in total (not in a row) over the permit’s whole validity period.
- Permanent residence permit: 24 months in a row, or 30 months in total (not in a row) within a three-year period.
These limits apply “without prejudice to special provisions”, so special provisions in the law can apply instead.
How to protect your permit
If you need to be away longer, the law says you must justify the absence with a request to AIMA before you leave Portugal. In exceptional cases you can do this after you have left.
The permit is not cancelled when you prove that during your time away you carried out a professional, business, cultural or social activity.
If it is cancelled
The cancellation must be notified to you with the reasons, and your residence card is taken. The minister responsible for migration decides, and can delegate this to AIMA’s board. You can challenge the decision in the administrative courts, but the challenge does not suspend the cancellation while the case runs (non-suspensive effect).
Related questions
- Other reasons for cancellation: a removal or expulsion order, a permit obtained with false documents or statements, serious criminal acts, public order or security reasons, or EU restrictive measures (Lei 23/2007, art. 85.1).
Sources
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This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.