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What is the effective date for my D7 Residency?

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bonnieke

HI, I'm Bonnie from the US, living here now in Faro.

My preliminary D7 Visa was approved 21 April.  I arrived in Portugal on 30 June, and my interview with the local SEF was 07 October, at which time my D7 was approved for 2yrs. I have a document stating this and they tell me the official Residency Card will arrive in about a month.

Is the effective date for my Residency the date of arrival, or when my Residency was approved by the SEF?

And for purposes of the Residency 183 day/year requirement going forward, does this require me to 'physically stay' in Portugal OR does it require me to 'live' in Portugal but allows me to travel in the Shengen Zone?

Any insight greatly appreciated.  thx in advance!

JohnnyPT

Hi Bonnie,

Once D7 visa has been approved, applicants are issued with a Portuguese residency card that is valid for two years. In order to maintain residency, the card must be renewed at the end of the second year, at which time a three-year residency card will be issued.

You can travel around the Schengen Area on a D7 Visa, but how much time can you spend outside of Portugal? The Passive Income Visa is aimed at those who intend to live in Portugal and so, you must spend six consecutive months or eight non consecutive months in Portugal.

- The authorities may invalidate your residence permit if you are away from the country for six consecutive months.

- There is a minimum time you must live in Portugal:  The minimum stay requirement is that one does not spend more than 6 consecutive or 8 non-consecutive months out of the country during the validity of each temporary permit, except under duly justified professional or force majeure circumstances. i.e.: during the first year, one has to spend at least 4 months in the country, and during each 2-year subsequent period, at least 16 months provided, in each case, that no absence exceeds 6 consecutive months. For the holder of a permanent residence permit, this is increased to a minimum of 6 months per 3-year period, provided no absence exceeds 24 consecutive months.

Kind Regards

bonnieke

Thanks JohnnyPT - very useful and clear information.  Greatly appreciated.  B

ljwaks

HI, friends,

"during each 2-year subsequent period, at least 16 months..." Does this mean on average 8 out of 12 months each year? I did not know that.

Len

ljwaks

Also, "For the holder of a permanent residence permit, this is increased to a minimum of 6 months per 3-year period" Does this mean just 2 n=months each year on average?

This has important tax implications.  As a US citizen, I must, like Bonnie file and pay taxes in the US on my global income no matter where I live. As a resident of Portugal I also have to pay PT taxes, on terms set by an international agreement.

But as I understand, I am a tax resident of PT only if I am in PT for 183 days in a year. Does the above mean that if I am a permanent resident of PT but actually live on PT soil for less than six months I will not be considered a tax resident of PT for that year?

This is important to me because I retain my home in the US and my family, work and financial life is still centered there. So I would prefer to remain a tax resident of the US  to the extent possible.

Kimberly W

The reason Portugal requires you to be in Portugal for at least 6 months of every year is so that they can collect taxes from you. Once you start the D7 residency process, you are going to be obligated to pay Portuguese taxes.

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