How long can you stay abroad without losing your residence permit in Portugal?

14 August 2025
Sara Sbai Oliveira
A photograph of Margarida Tempera, a Portuguese lawyer

Sara Sbai Oliveira  | Immigration Consultant

Holding a residence permit in Portugal is not simply a legal formality, it is a status that carries rights, but also obligations. One of the most important obligations is to maintain Portugal as your primary place of residence, a concept commonly referred to as minimum stay requirements. The general rules regarding minimum stay requirements in Portugal are set out in Law 23/2007 of 4th of July, the Foreigners Law.


A frequent question amongst clients is whether their residence permit will be cancelled if they are absent from Portugal for certain periods of time. While a residence permit reflects an individual’s ties to Portugal, including their residence, tax obligations, employment or family connections, it is understandable that, at times, they might need to leave the country for certain periods of time, sometimes extended periods of time.


For most resident permits, the rule is that the holder must not be absent from Portugal for more than six consecutive months, or eight non-consecutive months, within the validity period of the permit. Temporary resident permits are valid for a period of 24 months, meaning that within a 24-month period, the holder may be absent for 6 consecutive or 8 non-consecutive months. Or, in other words, the holder must spend 16 or 18 months during the validity of the residence. If the holder of the permit does not comply with this rule, there is a possibility that their residence permit might not be renewed and, thus, cancelled, as set out in the law.


For  permanent resident permit holders, they may be absent from Portuguese territory for up to 24 consecutive months or, within a period of three years, a total of 30 non-consecutive months.


Absences are counted either as uninterrupted periods abroad (consecutive) or by adding together shorter absences (non-consecutive). Regarding non-consecutive absences, these are counted by adding together all shorter absences that the residence permit holder has had during the entirety validity of the residence. For example, a holder that has been absent for the entirety of April 2025 and then the entirety of June 2025, these are 2 non-consecutive months of absences.


Nonetheless, the law foresees exceptions to these limits. Holders may be absent for a longer period than that mentioned above; however, it must be strictly for professional reasons, education or training, medical reasons, or urgent family matters. In such cases, it is paramount that this is formally communicated to AIMA before exiting Portuguese territory, or after, in exceptional circumstances.


If the holder does not communicate to AIMA and has no formal proof, there is a risk of cancellation of their residence permit according to what is established Article 85 of the Foreigners law. The holder of the residence permit must possess formal records for each absence, such as official letters from their workplace justifying the absence, or any medical certificates, for example.



 

Differences in minimum stay requirements for other types of residence permits


Not all residence permits in Portugal are subject to the same minimum stay requirements, such as the Golden Visa residence permits, EU Blue Card holders, and as stated previously permanent residence permit holders, as well as CRUE holders and their family members.


  • Golden Visa residence permits holders are only required to stay for a 14-day period during the entire validity of the residence. The two-year Golden Visa residence permit requires at least 14 nights spent in Portugal during each two-year period, which is typically interpreted as seven nights per year. For residence permits that are converted into immigrant entrepreneur permits, now issued with a three-year validity, the law does not specify a minimum stay. However, based on current practice, it is assumed that the same rule applies: seven nights per year, or 21 nights over three years


  • EU Blue Card holders may be absent for up to 12 consecutive months, provided that this absence is linked to employment or research in another Member State.


  • For Family Members of European Union Citizens, commonly known as Article 15 and for CRUE (Certificate of Registration as a Citizen of the European Union) holders, no single absence from Portugal may exceed 6 consecutive months during the 5-year residency period. Absences of up to 12 consecutive months may be allowed in cases of duly justified reasons such as pregnancy, childbirth, serious illness, military service, studies, vocational training, or temporary work assignments in another EU Member State or third country.


Failure to comply with the minimum stay requirements can lead to non-renewal and the cancellation of the residence permit. Therefore, it is essential that residence permit holders check and maintain a record of their absences carefully.


Understanding how the rules apply to your specific permit type and keeping detailed records of travel is essential, however, we recommend seeking legal support regarding your specific case to ensure compliance with these strict rules. 

by Margarida Tempera 26 September 2025
Margarida Tempera | Lawyer
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