Any change to GV stay requirement?

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Dear all,

Recently I just got my ARI Card renewed and received a 3-year validity and I’m uncertain how to plan the next stay period requirement. Below is my GV process timeline.

2021 Jan: Application made
2021 Jun: Pre-approval granted
2021 Jul: Biometric
2022 Apr: Final approval granted
2022 May: 1st ARI Card received (2 year validity, expire 2024 May)
2024 Apr: Consecutive 14 days of stay completed
2024 Aug: 2nd ARI Card received (3 year validity, expire 2027 Aug)

My question:
Read about discussion of whether 7-14-14 or 14-14-7. Now what I actually done is fulfilled 14 days of stay during my 1st ARI card validity, and that seem no problem to at least got the approval to renew the ARI Card. Now with my 2nd ARI Card received, it seem even the count of 5-years is from application or pre-approval or 1st card issued, apparently my new card validity already able to cover.

Does that mean I should stay min for another 21 days before applying for citizenship?

My lawyer said it is not entirely clear how to proceed. But on their best literal interpretation of law, they suggest me to stay 7 days in the first year of my 2nd card period, then follow to another 14 days. I think they are trying to make it look that I have fulfilled a 7 days period for the 1st year of my 2nd card.

This means
Year 1&2: 14 days (card valid year 1-2)
Year 3: 7 days (card valid year 3-5)
Year 4&5: 14 days (card valid year 3-5)

Do you think this makes sense? Any of you might have similar experience and checked with your lawyer for their advice?

Thanks all!

Regards,
Anthea

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The law states 7 days in year 1, and 14 days each subsequent 2 years.
Why make this more difficult than necessary?

For a 3 year card, stay 7 days a year. Again, why complicate things.

Be smart.

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There is a related thread here 7 days during first year or 14 days during first two years?

The issue is the regulations are unchanged since the cards were 1 yr (1st card) 2 yrs (subsequent cards) so they say

year 1: 7 days
year 2&3: 14 days
year 4&5: 14 days
year 6&7: 14 days etc.

But your 3 year card covers years 3&4&5, so it your lawyers’ advice is presumably first to satisfy the year 3 requirement by spending 7 days (2nd half of years 2&3 requirement) and then satisfy the year 4&5 requirement by spending 14 days during those 2 years.

Nobody knows if AIMA actually cares to enforce these outdated regulations, or if just doing the right total days during the card validity (e.g. 21 days for a 3 year card) is what matters.

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Thanks for the reply.

Reason of asking is because I just undergone a major surgery for my spine and will have another one by Apr/May 2025, which my mobility is temporary hampered. It will therefore be bit challenging for me to complete the 7-days stay period prior to Aug 2025.

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Unfortunately, this is uncharted territory. No one, not even lawyers, knows the answer. Safest course IMO is to do 7-7-7. If that’s not possible, then you can try 0-14-7 and hope for the best.

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@Antz note AIMA can make exceptions for good reasons: LEGISPÉDIA de estrangeiros e fronteiras - Artigo 85.º – Cancelamento da autorização de residência

3 — A ausência para além dos limites previstos no número anterior deve ser justificada mediante pedido apresentado na AIMA, I. P., antes da saída do residente do território nacional ou, em casos excecionais, após a sua saída.

3 - Absence beyond the limits set out in the previous paragraph must be justified by a request submitted to AIMA, I. P., before the resident leaves national territory or, in exceptional cases, after leaving.

You should document your medical condition and ask your lawyers if they can ask AIMA about it. This is uncharted territory but if you can get an official letter from AIMA saying “21 days in years 2-3 is fine” that would help.

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I’m on my 6th year of GV residency awaiting for approval of my citizenship application. I believe that while there has been changes in the period of validity of GV residency cards (from the original 1 + 2 + 2) and talk about making the waiting time between application and approval count toward the 5-year residency requirement for citizenship application (still pending approval?), there has been no mention about changes in stay requirements. Thus, I try to play it safe and abide by whatever is stated in the law, aware of the possible consequences of loosely interpreting or not abiding by the law.

This means that when it comes to the stay requirements in Portugal, I spent 7d + 14d + 14d during the first 5 years (even though my second “renewal” or extension was automatic due to COVID measures and it was not clear whether I still had to spend 14 days in Portugal and my third extension was approved online without the submission of proofs-of-stay) and plan to stay 14d during every subsequent 2 years until needed. Assuming that it will take 3 years until my citizenship is approved, I plan to spend 14 days during the next 2 years and at least 7 days on the following year to make sure that I fulfill the requirements stated in the law when my citizenship is approved. I try to fulfill the stay requirements stated in the law regardless of the validity date that is stamped on my residency card. However, at the same time, I do and will make sure that I duly renew my cards before they expire and fulfill my stay requirements accordingly until citizenship is approved.

FYI, although not required, I am planning to fulfill my 2-week stay requirement for Years 6 & 7 on Year 6 to get it out of the way when I can, not knowing what may happen in the following year, and to return to Portugal on Year 8 for another 14 days. All things considered, I feel that it’s worth making the effort.

Also, I collected and will collect all of my proofs-of-stay, scan them, and send them to my lawyer to keep in file. This way, if the validity of my residency and extension approvals are ever challenged, my lawyer can prove that I fulfilled all of the requirements stipulated by law regardless of whether the authorities checked my paperwork properly and how my residency cards were renewed. If you are aiming for citizenship, note that citizenship applications are reviewed by IRN, which is an entity that is separate from AIMA.

As a side note, even though my lawyer said that photocopies of my 3 residency cards were sufficient to prove fulfillment of the 5-year stay requirement, I got a letter from AIMA, stating that I maintained my residency status for 5 years and submitted it with my citizenship application as a safety measure. Nevertheless, I feel that complying with whatever is in the law is a also important, just in case SEF and AIMA’s work ever comes under criticism and is challenged.

These are measures that I took to minimize risk and promote efficiency in my citizenship application. I hope that sharing my line of thinking helps you to clarify your thinking. Good luck.

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My lawyer said that for a 3 year card any of the following might work:

  1. 14 days within the first two years of the validity of the card and 7 days in the third year OR;
  2. 7 days each year OR;
  3. 7 days in the first year and 14 days in the second and third year.

But I’m not sure on what basis they’re saying this. As far as I know there is no update from AIMA yet.

Has anyone else heard from their lawyers regarding this?

I think based on the regulations, the safest is options 2 or 3. Option 1 may not be correct if you’re required to spend 7 days in the first year.

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Not for 3 years but I have asked my lawyers a similar question about 2 year cards. They said that 7 days per year is the rule. They acknowledged that in the past they have successfully persuaded officials that any 14 days in 2 years should be accepted, but any time you diverge from a strict interpretation of regulations you are taking on a risk that you get the wrong officer on the wrong day.

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As far as I remember, validity of cards used to be 1 year + 2 years + 2 years and the law stipulated a stay requirement of 7 days in year 1 and 14 days in Years 2~3; Years 4~5 each. That is why in Years 2~3 and Years 4~5, I took a 15 day holiday (15 instead of 14 to be safe) to Portugal for each of the 2-year periods (2 trips) instead of going 7 days per year (4 trips). However, now that the validity of card are 3 years, to play it safe, I would stick to the stay requirements as stated in the law, but I would keep in mind the validity date printed in the card and make sure that I have spent on average 7 days per year at the time that I submit my application forms for renewal.