appman999

I know this has been discussed before but after searching the forum I can't find a current answer.

If I apply for and get a Residence Permit (As a Third Country Brit not part of transition period) what are the rules for allowable absences from the country to maintain residency.

According to https://imigrante.sef.pt/en/direitos-deveres/ if I am absent 'during the validity period, for a timeframe exceeding six consecutive months or eight unsequential months' I must inform SEF.

Does that mean if I am absent for less is my residency maintained? I tried looking at Lei n.º 23/2007 but couldn't find a reference to absence.

Although as I understand it the resident permit is now apparently valid initially for two years presumably the SEF words still relate to a single year?

Bomber Harris

Article 85.2 of 23/2007 has what you're looking for.
The permitted absences relate to the each period of validity of the resident's permit, currently 2 years followed by a 3 year one, it used to be three permits for the first 5 years (1+2+2).
Cancelamento da autorização de residência
2 - Sem prejuízo da aplicação de disposições especiais, a autorização de residência pode igualmente ser cancelada quando o interessado, sem razões atendíveis, se ausente do País:
a) Sendo titular de uma autorização de residência temporária, seis meses consecutivos ou oito meses interpolados, no período total de validade da autorização;
b) Sendo titular de uma autorização de residência permanente, 24 meses seguidos ou, num período de três anos, 30 meses interpolados.

appman999

Thanks Bomber, knew I could rely on you.

Actually just found clause 85 a different way, don't know why my search of 23/2007 didn't find it?

It does seem odd that they've doubled the length of the initial permit but with the same absence criteria although I guess it always applied to the subsequent permits.

Do you know where the change is recorded?

Bomber Harris

The change from 1+2+2 to 2+3 was initially brought in as a temporary covid measure: There is talk of it becoming permanent in which case they would then have to amend Article 75 of 23/2007 which still refers to the permits being for 1+2+2.

appman999

The change to validity was article 192 of Act n.º 75-B/2020 of 31 December – State Budget to 2021

sportpix

Apologies Bomber but could you explain in plain English what all those numbers and icons actually mean. I am totally confused as to the length of time I am allowed to spend out of the country. Currently I’m in HK trying to sell my house and am scheduled to return to PT mid January. I left in mid October. Updated pox/flight restrictions might mean me having to change my return plans. Thanks, Richard

Bomber Harris

sportpix
Residency permits for non EU citizens were initially valid for 1 year with two subsequent ones each being valid for 2 years (1+2+2). Currently the initial one is valid for 2 years and the subsequent one being valid for 3 years (2+3). After those 5 years have passed a permanent resident's permit can be applied for.
Currently there are 3 different rules in play for permitted absences that don't affect your residency, one for non EU citizens, one for EU citizens, and one for UK citizens who have protected rights under the Brexit Withdrawal Agreement. You fall into the last one if I'm remembering correctly from previous posts you've made, in which case you shouldn't be absent from Portugal for more than 6 months in any 12 month period during the first 5 years of becoming resident. However an absence of 12 months is permitted in some circumstances (e.g. medical reasons).
If the pox causes border restrictions to be implemented again I would imagine Portugal will do as they did during the last restrictions, which was allow returning residents to enter.