One of the most commonly misunderstood aspects of moving to Portugal are the stay requirements for each visa, which means how long you must stay, or can stay, in the country based on the visa you have requested.
Many people believe that if you hold a Portuguese residence visa you must stay at least 183 days every year but that is not what the law says.
The confusion comes from mixing two separate systems: immigration rules and tax rules. They measure presence differently and they serve different purposes.
Immigration law measures absence, not calendar days.
If you hold a residence visa such as the D7 passive income visa, the D8 digital nomad residence visa, or work-based visas like D1, D2, or D3, your renewal is not tested by counting 183 days per year.
Instead, immigration law looks at how long you are absent during the validity of your residence permit.
For most first residence permits, which are valid for two years, the rules are:
You cannot be absent from Portugal for more than six consecutive months.
You cannot be absent for more than eight non-consecutive months during the full validity period of the permit.
That means over a two-year period, the maximum total absence allowed is eight months. So you must be physically present for roughly sixteen months out of twenty-four.
Sixteen months over two years averages about eight months per year. That is roughly 240 days per year on average. But this is an average across the permit period. It is not a fixed requirement for each calendar year.
This distinction matters.
You could spend 210 days in Portugal in one calendar year and only 170 in the next. As long as you never exceed six consecutive months abroad and your total absence during the two-year permit does not exceed eight months, you are compliant from an immigration perspective.
There is no law that says you must hit 183 days every year to keep your residence card.
Tax law measures calendar-year presence
The 183-day rule belongs to tax law.
You become Portuguese tax resident if you spend 183 days or more in Portugal during a calendar year. You can also become tax resident if you have a habitual home in Portugal on 31 December that suggests Portugal is your main residence.
Tax law looks at calendar years. Immigration law looks at absence during the permit period. They are different tests.
In practice, most residence visa holders exceed 183 days anyway because they are genuinely living in Portugal. That practical overlap has created the myth that 183 days is an immigration requirement. It is not.
Where substance expectations come in
Now we come to the part many people overlook.
A residence permit is meant for people who actually reside in Portugal. The legal absence limits set the outer boundaries. But renewal decisions are not based only on counting days.
Authorities also expect that your status matches your real life.
This is what substance means.
Substance refers to whether Portugal is genuinely your centre of life.
Indicators of substance include where you maintain long-term housing, where your family lives, where your children attend school, where you are registered for healthcare, where you pay taxes, where your business operates, and where your main economic activity takes place.
If you hold a residence permit but spend the minimum time possible in Portugal, keep your primary home abroad, maintain most economic ties outside Portugal, and structure your calendar carefully to avoid tax residency, you may technically comply with absence rules. But the overall picture may suggest that you are not truly residing in Portugal.
That mismatch is what creates risk.
Immigration law allows up to eight months of absence over two years. But the concept of residence implies more than just staying inside the legal maximum absence. It implies genuine settlement.
Substance also matters for long-term goals
If your objective is permanent residence after five years or citizenship, the question will not only be whether you avoided exceeding six consecutive months abroad. The broader question will be whether you genuinely lived in Portugal during that period.
If your presence appears minimal and your life remains clearly anchored elsewhere, you may face scrutiny later, especially if applying for long-term status.
The same concept exists in tax law. Even if you stay under 183 days, if you maintain a habitual home in Portugal and your lifestyle indicates that Portugal is your main base, tax residency could still be triggered.
Substance is about reality aligning with status.
Choosing the right structure
If you want to relocate and build a life in Portugal, a full residence visa makes sense. Your presence, tax position, and substance will align naturally.
If you want to spend part of the year in Portugal while keeping your main life elsewhere, then a structure designed for flexibility, such as a temporary stay visa or a minimal-presence route, is more appropriate.
The mistake many people make is trying to combine a full residence permit with a strategy to stay under 183 days every year to avoid tax residency while keeping their real centre of life outside Portugal. That approach may work temporarily, but over time it creates tension between legal form and practical reality.
The key takeaway
The 183-day rule is a tax rule. The six-month and eight-month limits are immigration rules. Neither system operates in isolation from real life.
If you hold residence status, your lifestyle should reflect residence.
Before choosing a visa, first decide how many days per year you truly intend to spend in Portugal and whether you want your centre of life to move there. Once that is clear, the correct visa path becomes much easier to identify.
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Full Stay Requirements For Each Visa
D1 – Work Visa (Employment)
Purpose: Local employment contract
Leads to Residence Card: Yes
Initial Permit: 2 years
Renewal: 3 years
Minimum Stay Requirement: Cannot be absent more than 6 consecutive months or 8 non-consecutive months per permit
Typical Stay Reality: You are expected to live in Portugal full time
Tax Residency Likely: Yes
D2 – Entrepreneur Visa
Purpose: Start or relocate a business
Leads to Residence Card: Yes
Initial Permit: 2 years
Renewal: 3 years
Minimum Stay Requirement: Same 6 consecutive / 8 non-consecutive month rule
Typical Stay Reality: You must actively run the business in Portugal
Tax Residency Likely: Yes
D3 – Highly Qualified Activity Visa
Purpose: Qualified employment or tech roles
Leads to Residence Card: Yes
Initial Permit: 2 years
Renewal: 3 years
Minimum Stay Requirement: 6 consecutive / 8 non-consecutive month limit
Typical Stay Reality: Full-time residence expected
Tax Residency Likely: Yes
D4 – Study Visa
Purpose: University or long-term study
Leads to Residence Card: Yes
Initial Permit: 1 year
Renewal: Based on course length
Minimum Stay Requirement: You must maintain enrollment and residence
Absence Rule: Generally same 6 consecutive / 8 non-consecutive structure
Tax Residency Likely: Depends on days present
D6 – Family Reunification
Purpose: Join a legal resident
Leads to Residence Card: Yes
Initial Permit: Tied to sponsor
Minimum Stay Requirement: Same 6 consecutive / 8 non-consecutive rule
Tax Residency Likely: Yes if living with family in Portugal
D7 – Passive Income Visa
Purpose: Income from pensions, dividends, rentals
Leads to Residence Card: Yes
Initial Permit: 2 years
Renewal: 3 years
Minimum Stay Requirement: At least 16 months over first 2 years
Absence Limit: Max 6 consecutive or 8 non-consecutive months
Tax Residency Likely: Yes
D8 – Digital Nomad Residence Visa
Purpose: Remote work for foreign employer/company
Leads to Residence Card: Yes
Initial Permit: 2 years
Renewal: 3 years
Minimum Stay Requirement: At least 16 months over first 2 years
Absence Limit: 6 consecutive / 8 non-consecutive months
Tax Residency Likely: Yes
D8 – Digital Nomad Temporary Stay
Purpose: Remote work up to 1 year
Leads to Residence Card: No
Maximum Validity: 12 months
Renewable: No
Minimum Stay Requirement: None formally
Absence Rule: Flexible
Tax Residency: Triggered at 183+ days or habitual home
Golden Visa – Residence by Investment
Purpose: Investment-based residence
Leads to Residence Card: Yes
Initial Permit: 2 years
Renewal: 2-year periods
Minimum Stay Requirement:
* 7 days in year 1
* 14 days in each subsequent 2-year period
Absence Rule: No 6-month rule applies
Tax Residency Likely: No, if you stay under 183 days
Tourist Visa (Schengen C Visa)
Purpose: Tourism / short stay
Leads to Residence Card: No
Maximum Stay: 90 days within 180-day period
Renewable: No
Minimum Stay Requirement: None
Tax Residency: Only if you exceed 183 days in a calendar year
Simple summary
Full residence visas D1, D2, D3, D6, D7, D8 residence
→ You must live in Portugal most of the year
Golden Visa
→ Minimal stay required
D8 Temporary Stay
→ Flexible but limited to 1 year
Tourist Visa
→ 90/180 rule only
