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Temporary Residence Permit Days of Absence

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jm27746
  10/10/2017 04:11 EST

We were told by the SEF officer that we are allowed 6 months consecutive OR 8 months interpolated time out of Portugal during our temporary residence permits' validity date. Our validity dates are July 2017-July 2018. We already spent a month in the US this August.


My husband is convinced that since we already split up our out of the country time(US in August) that we can also spend 6 months consecutive out of the country starting in January. Does anyone know the law on this?

craigandmicki
  10/10/2017 05:35 EST

To jm27746's question about 6 months' consecutive absence from Portugal: I just realized that I have your ExpatExchange 'name' memorized...Anyway, your husband is wrong and exactly how could he explain his theory? During your 2017-2018 permit validity, you used 1 of your 6 months, the month of August. You have 5 more months' absence during the time this permit is valid. If you had a two-year permit, you'd still have only 6 months' absence in total, and having used August you'd now have only 5 months; continuous absence permitted during that two years. The 8 months' is a default measure to deal with the need to be absent while under a two-year permit and provides more flexibility in the total time while restricting the continuous absences to a lesser amount. This is really so very simple and I can tell that you get it, so carry on! If your hubby can explain his theory, I'd love to hear it.

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jm27746
  10/10/2017 05:40 EST

Thank you. This is exactly what I thought. He understands now the way you explained it. :)

craigandmicki
  10/10/2017 05:47 EST

jm27746...whose husband now understands: Darn, I thought he'd offer some explanation at which I could rant. I am on the verge of a huge rant against men and this was going to put me over the edge. Well, guess that your hubby saved us both.

jm27746
  10/10/2017 05:52 EST

haha yes I did this yesterday with him and your explanation closed the discussion thank you :) Sometimes he overcomplicates things so having someone with more experience helps us out thanks again. Are you in the lisbon or cascais area? I would love to take you out for coffee. you have helped us so much through this process with your thorough answers.

GeoffK
  4/4/2018 07:32 EST

I don't know the answer to your specific question but I was informed by an officer in Tavira in March 2018 that the 6 months was not a "rule" as the Customs officials on re-entry may query shorter absences. I was advised to have some documentation, in Portuguese, to support the reason for my absence. I am not an EU citizen which may have relevance.

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dancebert
  4/5/2018 08:14 EST

>Does anyone know the law on this?

Google translation of the law:

https://sites.google.com/site/leximigratoria/lei-de-estrangeiros-alterada/cap-vi---residencia-em-territorio-nacional

Article 85 - Cancellation of the residence permit

2 - Without prejudice to the application of special provisions, the residence permit may also be canceled when the person concerned, without reasonable grounds, is absent from the Country:

(a ) holding a temporary residence permit , six consecutive months or eight months interpolated, within the total period of validity of the authorization;

(b ) Holding a permanent residence permit , 24 consecutive months or, within a period of three years, 30 interpolated months.

3 - Absence beyond the limits provided for in the preceding paragraph must be justified upon application filed with the SEF prior to the departure of the resident from the national territory or, in exceptional cases, after his departure.

realspear
  4/5/2018 09:08 EST

It should be clear even from the translation. Once you are in Portugal and get your temporary residency permit, you can only be outside of Portugal for six months (180 days) continuously or eight months (240 days) non-continuously during the term of the permit, which is either one year or two years. It's a bit unclear if the initial permit is for one year or two years, perhaps it's changed, as I've seen it both ways. Once you become a permanent resident at six years, you can be out quite a bit longer as it says.

It then says that you can apply to SEF for longer periods of absence, even apply after being absent, for certain reasons. What I've seen referenced are death in the family, illness, etc.

dancebert
  4/6/2018 07:14 EST

@realspear said
> It should be clear even from the translation.

It is. And yet, @craigandmiki is confused:
> The 8 months' is a default measure to deal with the need to be absent while under a two-year permit

Nope. This is really so very simple: read the law. The 8 months apply to the duration of the temporary residence permit. It doesn't distinguish between 1 or 2 year duration permits.

craigandmicki
  4/6/2018 07:58 EST

dancebert: You are misstating the rules about Absences from Portugal and you are misquoting us. We stated the rule as it is written and as it is applied. If someone wants to know the specifics, please reach us via a private message.

GeoffK
  4/6/2018 09:23 EST

What is the situation if you are out of Portugal but in another Schengen country such as Spain or Italy. There is no record in your passport. Do they ever check on the address you give them?

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Portugal Residency Advisors is a full-service consulting firm dedicated to providing personalized services to individuals and families seeking to relocate to Portugal. With a team of experienced professionals and strategic partnerships, we are well-positioned to assist clients with all aspects of the relocation process.

Click connect to have our partner contact you via e-mail and/or phone.

Portugal Residency AdvisorsPortugal Residency Advisors

Portugal Residency Advisors is a full-service consulting firm dedicated to providing personalized services to individuals and families seeking to relocate to Portugal. With a team of experienced professionals and strategic partnerships, we are well-positioned to assist clients with all aspects of the relocation process.
Connect

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dancebert
  4/6/2018 21:02 EST

@craigandmiki
>You are misstating the rules about Absences from Portugal
That's an unsupported assertion. I posted the law. Why don't you educate us all by showing how I misstated the quoted law?

>and you are misquoting us.
An unsupported assertion. Why don't you educate us all by showing how I misquoted you?

>We stated the rule as it is written
I posted the law. Can you explain how your explanation agrees with it ?

>and as it is applied.
Unsupported. Can you link to first person accounts? And enough accounts that it can't be explained by random immigration officials having a bad day at work?

>If someone wants to know the specifics, please reach us via a private message.
Such forums exist to help people, including those who read threads months and years later. Why take it private?

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