EU Long-Term Resident in Another EU Country? How to Move to Portugal Under Article 116

Many non-EU nationals spend years living legally in countries such as Italy, Germany, France, Spain or the Netherlands before deciding they would rather live in Portugal. They often assume that moving means starting the entire immigration process again.

That is not necessarily the case.

European Union law provides a mobility route for people who have acquired EU long-term resident status in one Member State and want to settle in another. Portugal implements this route through Article 116 of its immigration law.

However, there are important distinctions between EU long-term residence, national permanent residence and the right to work in another country. There are also practical difficulties when AIMA appointments are unavailable.

This guide explains the requirements, application procedure, costs, family rights and what you can do when AIMA does not respond.

1. What is Article 116 of Portugal's immigration law?

Article 116 of Lei n.º 23/2007 establishes a residence route for third-country nationals who already hold EU long-term resident status granted by another EU Member State.

It implements the mobility rights established by Directive 2003/109/EC, particularly Articles 14 to 23. The linked consolidated version is dated 12 June 2026.

The principle is straightforward. Having already obtained EU long-term resident status elsewhere, you may apply for residence in Portugal for employment, self-employment, education or another acceptable reason.

However, your existing residence card does not automatically become a Portuguese residence permit. Portugal must assess your application under its own requirements.

Article 116 vs Portuguese permanent residence vs EU long-term residence

These terms are commonly confused, but they describe different legal situations.

Under Article 126(1), obtaining EU long-term resident status in Portugal generally requires five years of legal and uninterrupted residence in Portugal, together with other conditions including resources, accommodation, health insurance and basic Portuguese language knowledge.

Read our separate guide to permanent residence in Portugal for more information about Portuguese residence routes.

2. Who qualifies for Article 116?

Article 116(1) applies to a non-EU national who has acquired EU long-term resident status in another participating Member State and intends to stay in Portugal for more than three months.

You must have at least one of the following purposes:

• Employment: Working for an employer in Portugal.
• Self-employment: Running a business or carrying out independent professional activity.
• Study or vocational training: Attending an eligible recognised educational or training programme.
• Another acceptable reason: Presenting a reasonable ground for settling in Portugal, under Article 116(1)(d).

The fourth category, known in Portuguese as motivo atendível, may be relevant to people who are not moving for employment or study. For example, somebody wishing to retire in Portugal using their own income might seek to present retirement as an acceptable reason under Article 116(1)(d).

However, retirement is not expressly listed as a separate qualifying category. It is a potential argument under the broader provision, subject to AIMA's assessment of the applicant's circumstances and supporting evidence. Sufficient retirement income alone does not guarantee acceptance under Article 116.

How to check whether your residence card qualifies

Look at the type of permit printed on your residence card. It should identify your status as an EU long-term resident, or the equivalent designation in the issuing country's language.

Examples of relevant wording include "EU long-term resident", "résident de longue durée UE" and "Daueraufenthalt EU".

A national permanent residence permit is not necessarily the same thing. Having permission to live permanently in one EU country does not, by itself, establish eligibility under Article 116.

There is also a distinction between the expiry of a residence card and the loss of the underlying EU long-term resident status. Article 9(6) of Directive 2003/109/EC provides that expiry of the residence document does not itself cause the loss of long-term resident status.

Nevertheless, Article 117 requires the relevant residence permit documentation and a valid travel document, or the permitted authenticated copies, for the Portuguese application. An expired card may therefore create documentation and travel difficulties even where the underlying status continues.

Who cannot use this route?

Article 116 is not intended for:

• People whose only status is a national permanent residence permit without EU long-term resident status.
• Workers posted to Portugal by a cross-border service provider, or people staying as cross-border service providers, as excluded by Article 116(2).
• People relying on UK residence permission, since the United Kingdom does not participate in this EU scheme.
• People relying on Irish or Danish residence permission as EU long-term resident status under this Directive, since neither country participates in the scheme.

EU citizens themselves use a different framework based on EU free movement rights.

3. Conditions and documents required

Article 116(4) sets out two fundamental requirements: sufficient means of subsistence and accommodation in Portugal.

Under Article 116(5), resources are assessed according to their nature and regularity, taking account of minimum wages and pensions. The legislation does not establish one universal fixed deposit amount specifically for every Article 116 applicant.

Your intended activity also determines which additional conditions apply.

Employment, self-employment and study

• Employees: Article 116(6) refers to Article 88(1), including a legally concluded employment contract and social security registration.
• Self-employed applicants: Article 116(7) refers to Article 89(1), including relevant business or professional activity documentation, tax and social security requirements, and professional qualifications where applicable.
• Students: Article 116(8) requires enrolment at an officially recognised higher education establishment or admission to an officially recognised vocational training establishment or company.
• Other reasons: Applicants must provide evidence supporting their acceptable reason for settling in Portugal.

AIMA's published document checklist

According to AIMA's official Article 116 guidance, the documents requested include:

1. A valid passport or other accepted travel document.
2. Your EU long-term residence permit issued by the other Member State, or an authenticated copy.
3. Evidence of sufficient means of subsistence.
4. A sworn accommodation declaration using AIMA's template, supported by the relevant ownership, tenancy or host documentation.
5. Proof of Portuguese tax registration, including your NIF.
6. Proof of social security registration.
7. An authenticated criminal record from the Member State that granted your EU long-term resident status.
8. Health insurance or proof of coverage by Portugal's Serviço Nacional de Saúde (SNS).
9. Evidence of employment, professional activity, study or another acceptable reason, as applicable.
10. Professional order documentation or evidence of qualifications, where required for a regulated profession.

AIMA also identifies the official Modelo 1 application form and, where applicable, Modelo 4 responsibility declaration. These forms can also be found through AIMA's forms and templates page.

Important: Although Article 116(4) expressly identifies means of subsistence and accommodation, applicants must consider the wider legal framework. Requirements concerning criminal history and appropriate healthcare protection are also addressed in Article 60 of Decreto Regulamentar n.º 84/2007, as amended, and appear in AIMA's published document checklist.

These should not be treated as optional simply because they are not individually listed in Article 116(4).

AIMA also applies admissibility and public security checks. Article 119 provides for refusal on specified public policy, public security and public health grounds. Meeting the document requirements therefore does not guarantee approval.

4. How to apply for Article 116 residence in Portugal

Step 1: Check your entry arrangements

If you hold a qualifying valid residence permit issued by a Schengen country, Article 21 of the Schengen Convention generally permits short stays in other participating countries for up to 90 days in any 180-day period, subject to the applicable entry conditions and possession of a valid travel document.

This is not the same as permission to reside indefinitely in Portugal.

People holding EU long-term resident status from a country outside the full Schengen arrangements, particularly Cyprus, should have their entry requirements checked separately. Do not assume that every EU residence permit provides identical Schengen entry rights.

Step 2: Request an AIMA appointment immediately

Requesting an appointment is not the same as lodging your residence application. Article 117(1) requires the application itself to be submitted to AIMA within three months of entering Portugal. The legislation does not expressly provide that requesting an appointment suspends or satisfies this deadline.

AIMA currently describes the application as appointment-based, with the electronic platform still being implemented.

Its published contact channels are:

• Telephone: +351 217 115 000, working days from 08:00 to 20:00.
• Email: geral@aima.gov.pt.

Make your request as soon as possible and keep dated evidence of every attempt. This evidence may help demonstrate that you actively tried to comply with the filing requirement, but it does not automatically preserve residence rights or extend the statutory deadline.

For more detail on appointment procedures, read our 2026 AIMA appointment guide.

Step 3: Prepare your application documents

Gather the documents relevant to your situation, paying particular attention to your EU long-term resident status, residence permit documentation, valid travel document, authenticated criminal record, financial evidence and accommodation documents.

Because your application deadline is short, it is sensible to begin obtaining documents before your move wherever practical.

Step 4: Attend your AIMA appointment

AIMA states that an Article 116 application can be lodged at any Loja AIMA. Its procedure provides for in-person delivery of the official form, signed by the applicant or legal representative.

Keep copies of your application, supporting documents, confirmations and any acknowledgement that the application has been lodged.

Step 5: Wait for AIMA's decision

Article 117 establishes specific decision deadlines:

• Article 117(4): AIMA must decide within three months.
• Article 117(5): This period may be extended by up to three months where required documents are missing or exceptional complexity justifies additional time. The applicant must be informed.
• Article 117(7): Failure to decide within six months is legally equivalent to approval of the application.

The six-month tacit approval provision is important, but its practical effect requires care. It applies to an application that has actually been lodged, not simply to an unanswered appointment request.

Even where tacit approval arises, it does not automatically produce a physical residence card. The applicant may need to establish the application date, provide evidence that the statutory conditions for tacit approval have been met, and seek administrative or judicial recognition and implementation of the favourable outcome.

It should not be assumed that a disputed or incomplete application will automatically produce a readily usable residence document after six months.

Once issued, the general temporary permit validity rule in Article 75(1) provides for two years, renewable for successive three-year periods. Articles 116 to 121 do not specify a separate validity period, so the general rule appears applicable, subject to the individual permit.

5. How much does an Article 116 residence permit cost?

AIMA's published fee table from March 2026 contains a specific category covering EU long-term residents from another Member State.

These are administrative fees per person, not legal representation fees. The published digital rates do not establish that a digital Article 116 application channel is currently available.

Fees can change. Check AIMA's published fee table before applying.

6. Can you bring your family to Portugal?

Yes, Article 118 establishes a specific family residence route linked to Article 116, but the distinction between an existing family and a family formed later is crucial.

If your family already lived with you in the first Member State

Article 118(1) provides for residence permits for qualifying family members who resided with the EU long-term resident in the Member State that originally granted the status.

The categories refer to Articles 99(1) and 100(1), and may include spouses, eligible children, dependent family members and qualifying de facto partners.

Family applicants must provide evidence of their family relationship and previous residence together, means of subsistence, and SNS coverage or health insurance, together with the required residence and travel documents.

Under Article 118(3), the application follows Article 117, including the three-month application window and decision deadlines. Article 118(7) provides for a permit with validity identical to that of the principal holder.

If your family was formed later

Article 118(6) directs families not already constituted in the first Member State to Portugal's ordinary family reunification regime.

This distinction matters because Lei n.º 61/2025 tightened the ordinary rules, including the general two-year residence requirement under Article 98(1).

However, the two-year period does not apply in every case. Article 98 also provides a shorter 15-month requirement for certain established spouses or partners, exemptions for specified family members including dependent minors and certain spouses who are parents of dependent minors, and a mechanism for exceptional reduction or waiver.

Eligibility for any shorter period or exemption depends on the individual circumstances and the precise statutory conditions.

Do not assume that every new spouse or family relationship automatically qualifies for the more direct Article 118 procedure, or that every family using ordinary reunification must necessarily wait two full years. The family history and applicable legal route should be reviewed individually.

7. What if you cannot get an AIMA appointment?

This may be the biggest practical difficulty for somebody planning to relocate under Article 116.

The law provides an application deadline of three months from entering Portugal, but AIMA's booking arrangements do not necessarily provide an appointment within that period.

That creates a serious distinction between having a potential right to apply and actually having a lodged residence application.

The first 90 days after arriving

Where your existing valid residence permit was issued by a Schengen state and the other entry conditions are fulfilled, Article 21 of the Schengen Convention generally permits a stay of up to 90 days in any 180-day period.

That short-stay entitlement is separate from the three-month deadline in Article 117(1). Although the two periods broadly overlap, they are not identical legal rules.

During this initial period, request your AIMA appointment as early as possible. Do not leave it until the final week.

What if AIMA does not respond?

Create a written record immediately. If telephone calls do not produce an appointment, make a dated written request using AIMA's available email or contact channels. A registered letter can also help establish that you actively sought to lodge your application.

Keep copies of every email, contact form confirmation, registered letter, delivery receipt and response.

Explain clearly that you seek an appointment to lodge an application under Article 116 and that Article 117(1) imposes a three-month deadline.

These records may be useful evidence that you attempted to comply with the law, including if legal proceedings later become necessary.

However, the legislation does not expressly provide that an appointment request stops or suspends the three-month filing deadline. Written contact should not be mistaken for a completed application or a guarantee of lawful residence beyond the applicable entry period.

What happens after 90 days without an appointment?

If you have exhausted the short-stay period without obtaining an appointment or lodging your application, your position may become legally uncertain.

Holding EU long-term resident status in another country does not, by itself, establish an unlimited right to remain in Portugal while waiting for AIMA.

The situation can create practical difficulties with employment, contracts, banking, travel and demonstrating your Portuguese immigration position.

There is a further distinction concerning employment. Articles 116 to 121 do not expressly establish a general right to begin work while an Article 116 application remains pending. Article 21 of Directive 2003/109/EC addresses equal treatment after receipt of the second Member State's residence permit.

Therefore, do not assume that requesting an appointment or submitting the application automatically authorises employment. See our guide on working in Portugal before receiving a residence permit.

Do you lose your EU long-term resident status in the first country?

Not simply because you have moved to Portugal.

Article 9 of Directive 2003/109/EC identifies important circumstances in which existing EU long-term resident status can be lost, including:

• Absence from EU territory for 12 consecutive months, subject to permitted national exceptions.
• Absence from the Member State that originally granted the status for six years, subject to permitted derogations.
• Obtaining EU long-term resident status in another Member State under the Directive.

Importantly, Article 9(6) also confirms that expiry of the physical residence document does not itself cause the loss of long-term resident status.

Where lawful and practical, maintain valid home-country arrangements, including your registration, address and insurance, until your position in Portugal is secure. Any changes must still be reported where the issuing country's rules require them. Do not maintain an address or registration that inaccurately represents where you live.

What can you do if AIMA continues to delay?

There are administrative and judicial options, but they serve different purposes.

Administrative complaints: You can consider the public administration's Livro de Reclamações procedures or submitting a complaint to the Provedor de Justiça, Portugal's Ombudsman.

Judicial proceedings: Article 87-B, introduced by Lei n.º 61/2025 and applicable to relevant new procedures and cases from 23 October 2025, changed how immigration cases against AIMA can be brought.

Under that provision, an ordinary administrative action (ação administrativa) is the default court route, without excluding appropriate interim measures.

The faster intimação para proteção de direitos, liberdades e garantias procedure is restricted to cases where AIMA's action or omission causes proven, serious and direct harm to the timely exercise of protected rights, and interim measures cannot provide sufficient protection. The court may also have to consider AIMA's caseload and available resources.

This means litigation is not an automatic shortcut to an appointment. The circumstances, evidence and correct procedural route matter. Obtain legal advice before commencing proceedings.

Article 116 timeline at a glance

Remember that the six-month rule is not a solution to the appointment backlog when no application has yet been lodged. Even after a lodged application reaches that point, administrative or judicial steps may be necessary to give practical effect to tacit approval.

For a broader explanation of the risks of arriving without an established residence route, see our related guide to moving first and arranging residency later.

8. Are you eligible for Article 116? Take our quick quiz

Answer these six questions to see whether Article 116 may be a route worth exploring. Select Yes or No based on your current circumstances.

9. Could EU long-term residence rules change?

The European Union has been discussing a revision of Directive 2003/109/EC intended to improve long-term residence rights and mobility between Member States.

Among the proposals is a European Parliament approach that would reduce the residence period for acquiring EU long-term resident status from five years to three. Other proposed changes concern how residence periods in different countries can count and how residents move between Member States.

However, this proposed recast has not been adopted. According to Council documentation, interinstitutional negotiations were halted in March 2024, and Council representatives did not support resuming them in March 2025. The European Parliament's September 2026 legislative tracking update continued to describe the proposal as blocked.

The negotiations should therefore be regarded as stalled, with no adopted replacement for the existing framework. Directive 2003/109/EC, as amended, remains applicable.

You can follow the European Parliament's legislative tracking page.

There are also proposed changes to Portugal's administrative court system. A package of bills, including Proposta de Lei 98/XVII, passed its initial parliamentary vote on 18 September 2026. The package includes measures intended to distribute AIMA litigation more widely across Portugal, potentially allowing relevant cases to be handled by courts closer to applicants.

These proposals were not yet law as of 24 October 2026. The current Article 87-B rules continue to apply.

Importantly, the core Article 116 application conditions and Article 117 decision deadlines were not changed by Lei n.º 61/2025 or Lei n.º 62/2026.

10. How Visas.pt can help you move to Portugal

Article 116 can offer a useful alternative to starting a new Portuguese visa application, but the route requires careful preparation, particularly when dealing with AIMA's appointment system.

At Visas.pt, our immigration team can review your existing residence status, assess the appropriate Portuguese route, help prepare your documentation and advise on practical next steps when appointments or decisions are delayed.

We can also assess family residence eligibility, including the important distinction between Article 118 and ordinary family reunification.

Considering moving to Portugal with your existing EU long-term residence card? Book a Free Consultation to discuss your situation, or learn about our immigration consultation services.

The free consultation is a short introductory discussion, not individual legal advice. Cases involving uncertain residence status, expired documents, missed deadlines or potential court proceedings may require a separate legal consultation and detailed assessment.

Legal information notice: This article provides general information based on legislation and published official guidance available on 24 October 2026. It is not individual legal advice. Immigration eligibility and procedural options depend on the facts of each case.

Common questions about Article 116 Portugal