How do you prove that you’ve met the minimum stay requirements under the Portuguese Golden Visa?
Under Article 90-A of Law No. 23/2007, dated July 4, Portugal offers a residency permit for third-country nationals engaging in investment activities without requiring permanent residence in the country. This residence type mandates a minimum five-year commitment to the investment activity.
Minimum Stay Requirements: To renew this residency permit, holders must meet the minimum stay periods outlined in Article 65-C of Regulatory Decree No. 84/2007, dated November 5:
- 7 days (consecutive or non-consecutive) in the first year;
- 14 days (consecutive or non-consecutive) for each subsequent two-year period.
However, in recent practice, initial residence permits have been issued for a two-year period (rather than one year, as was previously standard) and are subsequently renewed for two-year terms. This means that within each two-year period, the permit holder must stay in Portugal for a minimum of 14 days, presenting proof of presence during this time.
Proof of Stay Documentation: While neither the law nor its regulatory decree specifies the exact documents required to prove presence in Portugal, in practice, the AIMA (Portuguese Immigration and Borders Service) typically requests:
- Boarding passes for entry and exit to and from Portugal;
- Invoices with a Portuguese tax identification number for each day spent in the country, which may include receipts from stores, cafés, restaurants, hotels, and similar establishments.
Additionally, all family members included in the residency application are required to submit these proof-of-stay documents. For example, a single hotel stay of 14 days with the principal applicant’s tax identification number and the names of all family members may be sufficient. However, AIMA still requires individual boarding passes for each family member.
To ensure compliance, I recommend retaining all boarding passes and gathering one invoice per day to document your stay in Portugal.