Question about spouse that can't be 8 or more months in Portugal

Hi,

Being Brazilian does not give her additional benefits for these periods of stay not to be fulfilled.

There is an option for not meeting these minimum periods, which is to be able to prove that she is developing a professional, business, cultural or social activity in the country of destination.

As a general rule, "reasonable reasons" must be demonstrated for the absence, under penalty of the authorisation being cancelled or its renewal denied. You really need to get information from SEF, only they will be able to advise you.

Golden visa was the right one for you, not the D7. But Golden visa is now much more difficult to get, but it is still possible under some rules. Think about it and find out about it.

Regards

Thanks for your reply.

So I'm assuming even the family reunification visa has the same minimum stay requirements?

Case study here:

https://www.direitocomparado.pt/residencia-portugal

SEF - DEVER DE COMUNICAÇÃO

https://imigrante.sef.pt/direitos-deveres/

Se titular de autorização de residência temporária e, durante o seu período de validade, pretender ausentar-se de Portugal por período superior a seis meses consecutivos ou oito meses interpolados deverá comunicar esse facto ao SEF, antes de sair de território nacional

Interesting that the law mentioned here https://www.direitocomparado.pt/residencia-portugal (lei n.º 23/2007) was before they changed the time of the temporary residency from 1 to 2 years for the first one, and from 2 to 3 years for the second one during COVID. I wonder if it was a mistake. No other residency visa in Europe is so strict like the Portuguese after the changes.

It does seem that my wife could go after "razões atendíveis" to help take care of her relatives although she has to do that before traveling "deverá comunicar esse facto ao SEF" (although I read somewhere that usually SEF doesn't reply to those requests, or they do reply but addressing something else). Maybe even visiting adult children in the US may be covered there. Oh well, I guess we'll need to talk to a lawyer before starting the process.

You are right, the text of the case presented refers to 2019 and the change from 1 to 2 years was made in 2020.

Regarding Brazilian citizens, there have recently been more favourable visa changes. Find out more about this. But for the D7 visa the rules are the same for all applicants, regardless of their country of origin.

https://www.portugal.gov.pt/pt/gc23/com … cedimentos

PDF

https://www.acm.gov.pt/documents/10181/ … -Mudou.pdf