https://sites.google.com/site/leximigra … residencia
2 — Without prejudice to the application of special provisions, the residence permit may also be canceled when the interested party, without reasonable reasons, is absent from the country:
a) Being the holder of a temporary residence permit, six consecutive months or eight interpolated months, within the total period of validity of the permit;
(1) Ok, so most websites say that the minimum stay is 6 months consecutive or 8 months interpolated.
But it seems that the actual law stipulates no-absence instead?
Big difference! Think about it! LOL.
No absence of 8 months means you only need to stay in the country for 4 months. Jan+ Feb+ June+July = ok. Jan+Feb+Sep+Oct = not ok.
(2) "within the total period of validity"? But the visa is valid for 2 years upon initial issue. So this means no-absence of 8 interpolated months within a period fo 2 years? So the minimum stay requirement is only one month out of every 6 months? Confused!
(3) How do they actually track your minimum stay anyway? I know about the Residente program in Mexico where there is also some sort of minimum stay requirement. But it is not enforced and also unenforceable along the border region with the US since there are no border checks on the Mexico side, and no information sharing with the US. So how does Portugal verify, if any, the minimum stay requirement?
Portugal D7 visa minimum stay requirements?
Wait no... I was wrong.
So no absence of more than 8 interpolated months in a 2 year period?
Which means the recommended stay period on many websites of 6 consecutive months per year is also wrong? Because an absence of 2 x 6 months means 12 months absence in 2 years!
"6 consecutive months or 8 non-consecutive months each year"
Hi, please read this:
D7 visa (& others) - Renewals and minimum stay requirements
https://www.expat.com/forum/viewtopic.p … 42#5345092
(Post #21)
https://www.expat.com/forum/viewtopic.p … 18#5344344
(Post #7)
@jagubix Did you get clarity on this? I don't want to trigger Tax Residency in Portugal so I don't want to be more than 183 days in Portugal. I got my 2-year temporary residency card dated 14 October 2022 and trying to understand the minimum stay requirements so I don't have problems when I renew for the 3-year period.
@JohnnyPT I don't want to trigger Tax Residency in Portugal so I don't want to be more than 183 days in Portugal per January - December calendar year period. I got my 2-year temporary residency card dated 14 October 2022 and trying to understand the minimum stay requirements so I don't have problems when I renew for the 3-year period. I'm counting from 14 October, November and December 2022 as part of the 8-months interrupted stay, so if I'm outside Portugal from say May - November of each 12-month period of the 2 years that will work out fine to renew? Am I over complicating things in my mind?
I will try to help but I am not totally sure. I believe the tracking is passport stamp data when in and out.
@Brian
You need to meet these 2 criteria:
1. Being in Portugal for less than 183 days in order not to be considered a tax resident and
2. Minimum Stay in Portugal: 6 consecutive months or 8 non-consecutive months each year.
I.e in these 2 years, you must stay at least 6 months consecutively yeach year,
OR
a total of 16 months (= 8 months × 2 years ), if you come and go whenever you want;
Just to clarify, these are months calculated from the date of receiving your temporary residency permit. So if you receive your temporary residency permit on July 1, 2023 and stayed in Portugal until July 1, 2024 (no absences, 12 months continuous), you could be gone the entire next year and renew your temporary residency permit for another 2 years on July 1, 2025.
I am not planning on doing this, just trying to understand the process.
@JohnnyPT I'm so confused. On a SEF document, it says one can't be out of Portugal for more than 6 consecutive months or 8 interrupted months during the validity period of the 24-month (2-year)temporary residency card. So as I understand it I have to be in Portugal for a minimum of 18 months interrupted out of 24 months. My plans to not be in Portugal for more than 183 days of a year can't work then.I'm so confused, I don't want to trigger a Portuguese Tax Residency but don't want to jeopardise having the chance to renew my temporary residency card for 3 years. https://sites.google.com/site/leximigra … i4S0hDPxFg
Hi Brian,
24 - 8 = 18 ??
According to these rules, you will be tax resident in one of these 2 years, if you opt for the 8 interrupted months in these 2 years.
But South Africa has a double taxation agreement. You will not be taxed in both countries.
https://info.portaldasfinancas.gov.pt/p … ncoes.aspx
I cannot help you any further. You should find out more at an AT Finances office.
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