Residence visas in Portugal – periods of stay and exceptions

1. General Framework

Residence visas grant their holder the right to enter Portugal and remain in national territory for a period exceeding 90 days, with the aim of applying for a residence permit from the Foreigners and Borders Service (SEF) — currently replaced by the Immigration and Mobility Agency (AIMA).

There are different types of residence visas, depending on their intended purpose: subordinate work, independent activity, study, family reunification, entrepreneurship, scientific research, investment, among others.

2. Stay

The validity period of the residence visa is, as a rule, four months, allowing two entries into national territory during that period. During these four months, the holder must attend their appointment at AIMA to request the issuance of the corresponding residence permit, valid for an initial period of up to two years, renewable thereafter.

During the validity of the residence permit, the foreign citizen must actually reside in Portugal, this being an essential criterion for maintaining and renewing the residence status.

3. Exceptions and Special Regimes

There are exceptions and specific regimes that can make the general regime more flexible, namely:

• Golden Visa (Residence Permit for Investment – ​​ARI):
  It allows you to obtain a residence permit by making certain investments in Portugal. It requires a minimum average stay of 7 days per year, much less than the general regime.
• Visa for Digital Nomads:
  Intended for independent or remote workers who wish to reside in Portugal, with their own income criteria and partial exemptions for continuous presence, especially in the first 12 months.
• Students and Researchers:
  They benefit from flexibility in mobility within the European Union under Directive (EU) 2016/801, with the possibility of remaining in other Member States under certain conditions.
• Family Reunification:
  Family members of legal residents in Portugal may apply for a visa based on the right to reunification, being bound by the status of the main applicant. The length of stay follows that of the resident, with additional flexibility in cases of minor children.

4. Conclusion and Practical Considerations

It is essential that holders of residence permits and visas pay attention to the periods of effective stay in Portugal, to the timely renewal of permits and to compliance with legal requirements, under penalty of cancellation of status or obstacles to the future acquisition of Portuguese nationality.

Recent legislative changes and the restructuring of immigration services require continuous updating of legal strategies associated with migration processes, making monitoring by specialized professionals essential.

Department of Immigration and Nationality Law

Dr. Margarida Vieira Mendes