How long you must actually be in Portugal
There are two official answers to this question and they do not match. Here is what each source says, and which one to plan around.
The regulation sets seven days in the first year and fourteen days in each subsequent two year period. AIMA’s own public page states seven days in the first year and not less than fourteen days in subsequent years. The permit is issued for two years and renewed in two year periods, which is where the requirement is tested.
- 7 daysFirst year, and both sources agree on this one
- 14 daysPer two year period in the regulation, per year on AIMA’s page
- 2 yearsThe renewal cycle the rule is measured against
- Not consecutiveThe days can be split across the period
Read both, then plan to the stricter one
This is the single most misquoted number in the Portuguese residency market, and both of the numbers being quoted are from official sources.
Fourteen days per two year period.
Article 65-C sets the minimum periods of stay for renewal purposes as seven days, consecutive or not, in the first year, and fourteen days, consecutive or not, in the subsequent two year periods. That maps onto the two year renewal cycle in the law.
Regulatory Decree 84/2007, Article 65-CFourteen days in subsequent years.
AIMA’s page on the regime states that the holder must remain in Portugal for not less than seven days in the first year and not less than fourteen days in the subsequent years. AIMA is the body that decides your renewal.
AIMA, Article 90-A pageBudget fourteen days a year.
The cost of over-complying is a fortnight in Portugal. The cost of under-complying is a refused renewal on a file that already holds €500,000 for five years. If you intend to rely on the lower number, get it confirmed in writing for your specific file first.
Ventures.eu, and not a substitute for advice on your fileHow the counting actually works
The mechanics people get wrong once they have settled on a number.
- The days need not be consecutive
- Both limbs of Article 65-C say seguidos ou interpolados, consecutive or interpolated. Four long weekends counts the same as one fortnight
- It is tested at renewal, not continuously
- The article frames the minimums as being for the purposes of renewing the residence permit, and the permit is renewed for two year periods
- The permit runs two years from issue
- Not from the application, and not from the investment. The title is valid for two years counted from the date of its issue
- Permanent residence is a different test
- At five years you can seek permanent residence, which requires means of subsistence, accommodation, no conviction exceeding a year, and proof of basic Portuguese
- Absences work differently once you are permanent
- When an ARI holder is granted a permanent investment residence permit, the ordinary rules that cancel a permit for absence from Portugal are expressly excluded
- Naturalisation counts years, not days
- Ten years of legal residence for most nationalities, seven for EU and CPLP nationals, aggregated under Article 15(3) of the nationality law. Your stay days do not shorten it
Fourteen days a year will not make you a Portuguese tax resident
This is the point of the programme. Ordinary Portuguese tax residency turns on spending more than 183 days in the country, or having your habitual home here. The stay minimum sits an order of magnitude below that, which is why the Golden Visa suits people who want EU optionality without moving their tax position. If you do decide to move properly, IFICI rather than the visa decides what you pay.
Common questions
The ones we answer on almost every call, and the ones the market most often gets wrong.
So is it fourteen days a year or fourteen every two years?
Both numbers come from official sources. Article 65-C of Regulatory Decree 84/2007 says fourteen days in each subsequent two year period. AIMA’s public page says fourteen days in the subsequent years. Since AIMA decides renewals, plan for fourteen a year unless you have written confirmation otherwise for your file.
Do the days have to be in one trip?
No. The regulation says consecutive or interpolated, so the days can be spread across the period however suits you.
What counts as a day in Portugal?
The regulation sets a number of days of stay without defining part days, and AIMA looks at evidence of presence such as entry and exit records, flights and accommodation. Keep the documentation for every trip: at renewal the burden of showing presence is yours.
What happens if I miss the minimum?
The stay minimums are framed as conditions for renewal, so falling short puts the renewal at risk rather than automatically voiding the permit. It is a discretionary, evidence-based decision, which is exactly the position you do not want to be in with a five year investment committed.
Does time spent by my family count for me?
No. Each permit holder has their own minimum, family members included. Reunited family members hold their own permits, with their own renewals and their own fees.
Talk to us
We advise founders, investors and executives on both sides of this: the tax position and the residency route, together rather than separately.
Book a call with Fernando
Fifteen or thirty minutes, by Microsoft Teams. Fernando Ferreira, General Partner at Ventures.eu.
