Residency rule, Portugal
Portugal Permanent Residence — Longest Time Away
Summary
A permanent residence permit in Portugal can be cancelled if you stay outside Portugal for 24 months in a row without a good reason. The permit has no end date, but this absence limit still applies to it. It is not cancelled if you prove that you worked, ran a business or did cultural or social activity abroad, or if AIMA accepted your reason for the absence. A second limit applies at the same time: 30 months away in total within 3 years. The Government member responsible for migration decides, and can pass the decision to AIMA.
- Limit
- 24 months outside Portugal in a row
- Period
- One unbroken absence, from the day you leave to the day you return
- Sister limit
- 30 months away in total within 3 years
- What can happen
- The permanent residence permit may be cancelled
- Law
- Law 23/2007, article 85, paragraph 2, letter b
- Run by
- AIMA (Agência para a Integração, Migrações e Asilo)
Who it applies to
- Holders of a Portuguese permanent residence permit who take a job or a long posting in another country.
- People who go back to their home country for a year or more to care for family.
- Retired people who hold the permit but now spend most of their time elsewhere.
- People who plan to apply for Portuguese citizenship later and need their legal residence to continue.
The rule
Article 85 of Law 23/2007, the law on foreigners, sets the absence limits for residence permits. Paragraph 2, letter b covers the permanent permit: it may be cancelled when the holder, without a good reason, is away from the country for 24 months in a row, or for 30 months in separate trips within a period of 3 years. This page is about the first limit, one long absence.
A permanent residence permit has no limit of validity (article 76). Only the card is renewed, every 5 years. You normally get the permit after holding a temporary permit for at least 5 years (article 80). Having no end date does not protect it from the absence rule.
The word in the law is may. Cancelling is a decision, taken by the member of the Government responsible for migration or, when that power is passed on, by the board of AIMA. The decision must give its reasons, the card is then taken back, and you can challenge the decision in the administrative courts. The authority looks at the whole situation before it decides.
Two paragraphs protect people with real reasons. Under paragraph 3, an absence longer than the limit must be justified by a request to AIMA, made before you leave Portugal or, in exceptional cases, after. Under paragraph 4 the permit is not cancelled when you prove that during your absence you worked, ran a business or carried out cultural or social activity.
Why it exists
Permanent residence is a strong status, close to that of a citizen in daily life. Portugal gives it to people who have made their life in the country. The 24-month limit lets the state end the permit of a person who has clearly left, and the exceptions keep it for people who are abroad for work or for reasons the authority accepts.
Counting the days
You count one absence at a time: the calendar months from the day you leave Portugal to the day you come back. Time in any other country, including other EU countries, is time away.
- Write down the date you left Portugal.
- Add 24 calendar months to that date. If you left on 1 March 2025, the limit is reached on 1 March 2027.
- Plan to be back in Portugal before that date, and keep proof of your return, such as a boarding pass or a stamp.
- If you cannot be back in time, send AIMA a request that explains the reason before you leave, with documents.
- Check the sister limit as well: add all your absences in the last 3 years and compare the total with 30 months.
Track Portugal Permanent Residence — Longest Time Away on your phone.
Countr finds your past trips in your photos and keeps counting from there.
Examples
Back one month before the limit
Priya leaves Portugal on 1 March 2025 to care for her mother in India. Twenty-four months would be reached on 1 March 2027. She flies back to Lisbon on 2 February 2027, after 23 months away. She is under the limit of 24 months in a row. She should still check the sister limit, because 23 months away already takes most of the 30 months allowed in 3 years.
Over the limit with no reason given
Tom leaves on 15 June 2024 and moves to Australia. He does not write to AIMA and he does not work there. He returns on 20 August 2026. The limit of 24 months was reached on 15 June 2026, so he was 2 months over. His permit can be cancelled. If it is, he no longer has a right to live in Portugal under that permit and would have to apply again.
A short visit that resets one count but not the other
Lena is away from 1 March 2025 to 31 October 2026, which is 20 months. She spends one week in Portugal and leaves again on 8 November 2026. The count of months in a row starts again from zero on that day. But the sister rule adds her absences: on 7 September 2027 she has been away 30 months in total inside 3 years. The week in Portugal did not help her there.
Exceptions
- The permit is not cancelled when you prove that you worked, ran a business or did cultural or social activity abroad during the absence.
- An absence longer than the limit can be justified by a request to AIMA, before you leave or, in exceptional cases, after.
- The limit applies only when the absence has no good reason. The law does not list the reasons, so the authority judges each case.
- The EU long-term resident status is a different status with different limits: it is lost after 12 months in a row outside the European Union, or 6 years in a row outside Portugal (article 131).
- A temporary residence permit has much shorter limits: 6 months in a row, or 8 months in total while the permit is valid.
Common misconceptions
- “Permanent means I can never lose it.”
- The permit has no end date, but article 85 lets the authority cancel it after 24 months in a row abroad, or 30 months in total within 3 years, without a good reason.
- “One day in Portugal every two years keeps the permit safe.”
- A return ends the count of months in a row. The sister limit of 30 months in total within 3 years still applies, and very short visits do not stop it.
- “The permit ends by itself on the day I pass 24 months.”
- A decision is needed. You are told the reasons and you can go to court. But from that day the authority has a legal ground to cancel.
- “Living in Spain or France is not being away, because it is the EU.”
- Article 85 counts absence from Portugal. Time in another EU country is time away for this permit.
Questions and answers
How long can I stay outside Portugal with permanent residence?
Up to 24 months in a row, and no more than 30 months in total within any 3 years. Past either limit the permit can be cancelled unless you had a good reason or worked abroad.
Does a short trip back to Portugal restart the 24 months?
Yes, for this limit. The 24 months are counted in a row, so a real return ends the absence. Your earlier months still count for the other limit, 30 months in total within 3 years.
What counts as a good reason for a long absence?
The law does not give a list. It names work, business, and cultural or social activity abroad as cases where the permit is not cancelled. For other reasons, such as illness or family care, you ask AIMA and the authority decides.
Do I need to tell AIMA before a long absence?
If you expect to pass the limit, yes. Article 85, paragraph 3 says the absence must be justified by a request to AIMA before you leave, or after leaving in exceptional cases.
Does a long absence affect my citizenship application?
It can. Citizenship needs 7 or 10 years of legal residence, a rule changed on 19 May 2026. If your permit is cancelled, your legal residence stops on that date.
Is the card renewal every 5 years a check on my absences?
The law says only that the card is renewed every 5 years, while the permit itself has no end date. A renewal is a moment when the authority sees your file, so keep proof of your time in Portugal and of any reason for long trips.
Sources
- Law 23/2007, article 85 - cancelling a residence permit (Procuradoria-Geral Distrital de Lisboa)
- Law 23/2007, article 131 - loss of EU long-term resident status (Procuradoria-Geral Distrital de Lisboa)
- AIMA - Agência para a Integração, Migrações e Asilo
News about this rule
Other rules for Portugal
- Portugal Permanent Residence — Total Time Away 910 days away in any 3 years
- Portugal Tax Residence 183 midnights in any 12 months
- Portugal Temporary Residence — Longest Time Away 180 days away in one trip
- Portugal Temporary Residence — Total Time Away 240 days away in any 3 years
This page explains the rule and how the days are counted. It is not legal or tax advice. The authority decides each case on its own facts.