Hello
I was told by multiple companies I can get an exemption from the stay requirements on D2/D3 visa.
Is this true?
Yes but it is at the discretion of AIMA so nothing guaranteed
Thank you. Do you know if this is something I can get at the beginning ? do you know any common reasons for exemption ?
Hello
For any residency visa you have to, basically, be a resident.
The law states you have to be in the country either 6 consecutive months or 8 non-consecutive months.
The only “sort of exemption” states that if your job requires it, you are able to just stay 6 non consecutive months (basically being a tax resident). You have to maintain here an address, your tax residency and possibly your family.
The last exemption would be if you work in boats.
If you can’t even stay the 6 non consecutive months don’t even bother applying. You may get the first card, with the mess with the new AIMA you may even be able to do the auto renewal and get the second card. But you won’t get the permanent residency nor the passport in the end of the 5 years.
The only available option to get a residence card without even being a tax resident was(is) the Golden Visa. Nonetheless the GV is completely stuck for new submissions and taking 3+ years to get the first card.
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Thank you. I already spoke to a lawyer and they shared an extract from the law saying that the PR and citizenship application is only focused on having a residency for 5 years with no specification if I am a tax resident or not ( being in Portugal for 183 days) for 5 years. They also believe with the right justification, an exemption can be accepted if asked by the government during renewal. Do you happen to have any experience with this topic ?
How come?
You need a declaration from AIMA stating for how long you have been living in Portugal. Have you tried requesting one?
Check the law Lei n.Âş 37/81, de 03 de Outubro Art 15Âş nÂş3 (and 4 and 5)
I’ve been working with this for the past 6 years,
It really will depend on what your exemption is, and how long you are going to stay here (and as I mentioned before if you have your family here or not).
There’s a bunch of people giving wrong advice just to sell and choosing wrong paths that do not work anymore.
I do not know your case specifically and your lawyer may also get a correct angle for your case.
But don’t trust it is everything easy as it is mostly sold.
Note also, we had a change in the government, to a more conservative (borderline against immigration) party, so things will only get harder and exemptions a thin thread to walk on.
can you share the law here please ? I can’t find it
if this is the case, won’t the GV holders also not be considered a legal resident?
No, the GV is a specific path that allows you to stay only 7 days per year. The GV is one of the clear exemptions.
The law is here in PT but I guess you can translate with the browser: ::: Lei n.Âş 37/81, de 03 de Outubro
Thanks and great discussion. I believe what you shared is the general definition of residency which makes sense. However article 85(2)(3) and (4) of our Immigration Law (Law 23/2007, of 4 July) shows
Article 85
Cancellation of residence permit
*2 - Without prejudice to the application of special provisions, a residence permit may also be cancelled when the person concerned is absent from the country without good reason
a) If they hold a temporary residence permit, for six consecutive months or eight interpolated months during the total period of validity of the permit;
b) If they hold a permanent residence permit, 24 consecutive months or, over a period of three years, 30 interpolated months.
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 they have left.
4 - A residence permit shall not be cancelled for citizens who are absent for periods longer than those provided for in paragraph 2, when they can prove that during their absence from national territory they have carried out professional or business activities or activities of a cultural or social nature.
I don’t know how flexible they will be. In another thread people are worrying if even with the Golden Visa, 14 days in the card’s two years validity is sufficient, or if it must be 7 days in each year! If they are so picky with the Golden Visa, how can they be flexible with a visa that is clearly intended for living permanently in Portugal?
And if there is such flexibility, why not go with the D7 which you can do yourself for minimal cost, rather than the HQA/D2/D3 which requires a large non-refundable “investment” (effectively, a donation)
Says nothing about whether you can renew if you don’t meet the stay requirements set forth in the law.
A residence permit shall not be cancelled for citizens who are absent for periods longer than those provided for in paragraph 2, when they can prove that during their absence from national territory they have carried out professional or business activities or activities of a cultural or social nature.
If the residence permit is not canceled then it should be renewed, right ?
Yes it should. I mentioned some specific jobs require you to travel a lot. Either for conferences or if you are a pilot (airplanes) or work on a boat.
But if your plan is to live elsewhere and justify that with work it will be hard to get through.
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That’s what usually happens. When someone applies for a residency visa D(7/8/4/2/3/6) and can only stay a few months, AIMA itself would point out the GV way (14 days in two years). Nowadays the GV is not quite practicable because it was supposed to end - so the platform doesn’t work to new submissions, the trimmings are the worst of all process. It’s as if it still exists as an excuse , not quite an option.
Hello!
Yes, it’s true. There are some exceptions to the minimum periods of mandatory stay in Portugal.
However, if you need to be out of the country for more than the allowed periods, you must notify AIMA.
Regards
So if someone with a family who has an active business in another country, applies for the HQA and is only able to live in Portugal for a few weeks a year, they would be red flag if they went for renewal of their residency card after 2 years or when they apply for citizenship and AIMA sees that they only lived in Portugal for a total of say 4 months across 5 years? If they get the exemption that they have to run a business in their home country, would their family members also get the exception that allows them to stay in another country for long periods of time?
Thanks!
So far, on the citizen application AIMA did not care how much time you have spent in the country. The question arises only when you renew. However, starting covid times and those autorenewals, many people avoided this restriction and renewed their residences without complying to residence conditions, and everybody is aware of this. Theoretically, there could be two developments here 1) no autorenewals anymore, and AIMA starts ask proof of staying (very probable, because autorenewals break all regulations, including EU, as residences are renewed without checking anything!) and 2) AIMA starts checking staying requirement while determining if you were resident or not for citizen application (very unlikely, as currently IRN asks AIMA to check residence time and AIMA does not have an option to contact the applicant and ask for proof)
So, generally if you manages to renew, you may relax and not be too occupied about the time you have spent in Portugal while had those permits.