Living in Portugal is a dream for many, but maintaining your residence permit requires understanding the rules set by the Agency for Integration, Migration, and Asylum (AIMA). Whether you’re a temporary or permanent resident, knowing when and why your permit could be cancelled is crucial. In this blog post, we’ll break down the key points of Article 85, provide relatable examples, and guide you on how to stay compliant with AIMA’s regulations.
When Can Your Residence Permit Be Cancelled?
Your residence permit is your golden ticket to living in Portugal, but it can be revoked under certain circumstances. Here’s what you need to watch out for:
1. Forced Return or Expulsion
If you’re ordered to leave Portugal due to illegal residency or other violations, your permit will be cancelled.
Example:’ X’ a non-EU citizen, overstayed her visa and was ordered to leave Portugal. Her residence permit was cancelled, and she had to return to her home country.
2. Fraudulent Acquisition
If you obtained your permit using fake documents or false information, AIMA will revoke it.
Example: ‘Y’ submitted a fake employment contract to get his residence permit. When AIMA discovered the fraud, his permit was cancelled, and he faced legal consequences.
3. Serious Criminal Activity
If you’re involved in serious crimes or there’s evidence you plan to commit such acts, your permit will be at risk.
Example: ‘Y’ was arrested for involvement in a drug trafficking ring. AIMA cancelled his permit, and he was deported.
4. Public Order or Security
If your actions threaten public safety or national security, your permit can be revoked.
Example: ‘X’ was found to be part of a group planning a terrorist attack. Her permit was immediately cancelled.
What Happens If You Leave Portugal for Too Long?
AIMA also monitors how long you’re away from Portugal. If you’re absent for extended periods without a valid reason, your permit could be cancelled.
– Temporary Residence Permit: If you’re absent for 6 consecutive months or 8 months spread over your permit’s validity, your permit may be revoked.
Example: ‘Y’, a temporary resident, left Portugal for 7 months to care for his sick mother. He didn’t inform AIMA, and his permit was cancelled.
– Permanent Residence Permit: If you’re absent for 24 consecutive months or 30 months over 3 years, your permit could be cancelled.
Example: ‘X’, a permanent resident, spent 2 years abroad without notifying AIMA. When she returned, she found her permit had been revoked.
How to Avoid Cancellation Due to Absence
If you need to leave Portugal for an extended period, you can avoid cancellation by:
1. Informing AIMA: Submit an application to AIMA before you leave or, in exceptional cases, after your departure.
Example:’ Y’, a temporary resident, informed AIMA that he needed to spend 8 months abroad for a work assignment. His permit remained valid.
2. Proving Valid Reasons: If you’re in your home country for professional, business, social, or cultural activities, provide evidence to AIMA.
Example: ‘X’, a permanent resident, spent 2 years in China managing her family’s business. She provided documentation to AIMA, and her permit was not cancelled.
What Happens If Your Permit Is Cancelled?
If your permit is cancelled, AIMA will notify you and provide the reasons for the decision. The cancellation will also be communicated to the High Commission for Migration (ACIDI) and the Advisory Council. Once cancelled, your residence title will be seized.
Who Has the Authority to Cancel Permits?
The authority to cancel residence permits lies with the government member responsible for internal affairs, who may delegate this power to AIMA’s National Director.
Final Thoughts
Your residence permit is essential for your life in Portugal, so it’s important to stay informed and comply with AIMA’s rules. Whether it’s avoiding prolonged absences or ensuring your documentation is accurate, taking these steps will help you maintain your legal status.
If you’re unsure about your situation, consult with a legal expert or contact AIMA directly.
Stay compliant, and enjoy your life in beautiful Portugal!
Sources: https://diariodarepublica.pt/dr/legislacao-consolidada/lei/2007-67564445-222587916
