For third-country nationals holding a residence permit for more than five years in Portugal, applying for a Permanent Residence Permit – in addition to applying for the Portuguese nationality – is often the most straightforward choice. However, it may not be the only path.
In fact, the Long-Term Resident Status (“LTRS”) is an option that many overlook simply because they are unaware of it as a possibility.
In this article, we aim to briefly outline the features of each option, highlighting the main differences between them, for those seeking not only greater stability in Portugal but also within the European Union space.
Permanent Residence Permit: A Perpetual Right?
The Permanent Residence Permit is granted after a continuous five-year period of legal residence in Portugal and allows the holder to live and work in the country indefinitely.
While the right of residence itself does not expire, the residence permit (i.e., the identification document for foreign residents in Portugal) must be updated every five years or whenever there are changes in personal details, such as address or marital status.
This process is similar to renewing a Portuguese citizen card, where the right to citizenship remains intact, and only the document needs updating to maintain validity.
The Permanent Residence Permit offers several advantages, including:
Simplified Renewal Process: Once granted, the renewal process for the residence permit is simpler than for other types of residence authorizations, as it does not require continuous proof of certain conditions, such as evidence of financial means to support one's stay in Portugal.
Stability of Legal Residence: The Permanent Residence Permit allows the holder to remain in the country without needing to provide further justification, provided the basic requirements are met, such as avoiding extended absences (24 consecutive months or 30 cumulative months within three years). In specific cases, such as a temporary move abroad for work or health reasons, the absence can be justified, ensuring the continuity of residence rights in Portugal.
Compatibility with Nationality Applications: It is possible to apply for both the Permanent Residence Permit and Portuguese nationality concurrently. In this case, the Permanent Residence Permit is expected to be granted before nationality, ensuring the applicant retains their right to reside in Portugal, along with freedom of movement within the Schengen Area, while awaiting the decision on the nationality application.
Long-Term Resident Status (LTRS): Mobility within the European Union
Alternatively, the LTRS established within Portuguese law as a result of the transposition of Directive 2003/109/EC, aims to provide third-country nationals with a status closer to that of European Union citizens.
As the name suggests, it is a status rather than a mere residence permit, and it facilitates mobility within the European Union. This status allows holders not only to reside in Portugal but also to work or study in other EU countries with greater ease, compared to other types of residence permits. Therefore, obtaining the LTRS may require a long-term commitment to living in Portugal, but it also offers the opportunity to broaden horizons to other EU countries if desired.
In this context, the LTRS offers several benefits, including:
Mobility within the European Union
One of the main advantages of the LTRS is the ability to live and work in other EU countries. In addition to residing in the country where the LTRS was initially granted, long-term residents can stay in another Member State for over three months by applying for the status in that country.
To do so, the residents must meet certain requirements in the new Member State, such as having health insurance and a stable, regular income sufficient to support themselves and their family (if applicable). Furthermore, they must not have relied on the social assistance system of the Member State in question – a requirement not imposed by the Permanent Residence Permit.
Long-term residents may live in another Member State for reasons such as employment, study, training, or other specific purposes.
This flexibility is a significant advantage, allowing for simplified movement with rights comparable to those of EU citizens.
Equal Rights
Long-term residents benefit from equal treatment with EU citizens, promoting integration into the European community.
This equality includes:
-Access to employment and related working conditions, whether self-employed or employed, apart from positions involving the exercise of public authority.
-Access to education, vocational training, and scholarships in accordance with national law.
-Recognition of diplomas and qualifications in other Member States (if possible).
-Access to Social Security, including social assistance and protection within the Member States.
-Tax benefits.
-Access to public goods and services available in each Member State.
-Freedom of association and the right to join trade unions and associations.
-Freedom of movement within the country that granted the status, in compliance with local regulations.
Family Reunification
In the context of the LTRS, family reunification rights allow family members to join the long-term resident if they move to another Member State other than the one where the status was initially granted, provided specific criteria are met. This ensures family unity and security within the framework of integration into the European community.
Family members also gain access to certain rights, including the right to live, work, and study in the new Member State, subject to the conditions set forth by national law.
Assured Status for Professionals with cross-border mobility
With greater flexibility for movement across Europe, especially through the possibility of living, working, and studying in other Member States, as well as the right to do so with family members as mentioned above, the LTRS may be a more appealing option for professionals with cross-border commitments, ensuring a uniform status across all Member States.
The Permanent Residence Permit and LTRS: Key Differences
As previously mentioned, while both the Permanent Residence Permit and the LTRS can be requested after five years of legal residence in Portugal, the LTRS also requires proof of sufficient financial means, health insurance, and basic knowledge of the Portuguese language, as well as proof that the applicant has has never relied on social support from the country of application.
Thus, although both options target residents with established ties to Portugal, there are significant differences between them, namely:
Scope: The Permanent Residence Permit is valid only for residence in Portugal, while the LTRS allows for residence and employment in other EU Member States.
Stability vs. Mobility: The LTRS offers greater flexibility and mobility within the EU, in contrast to the more restricted scope of the Permanent Residence Permit, which applies solely to residence in Portugal.
Permitted Absences: The Permanent Residence Permit has stricter limits on prolonged absences from national territory (24 consecutive months or 30 months over three years). In contrast, the LTRS provides greater flexibility, allowing for up to six years outside the country that has granted the status, provided the absence is justifiable for valid reasons.
In summary, the choice between the Permanent Residence Permit and the LTRS largely depends on the applicant’s personal and professional goals, such as seeking stability in Portugal or greater mobility within Member States, for example, for professional reasons.
This article is for informational purposes only and should not be considered as legal advice.
For a more detailed analysis of your options and specific circumstances, we recommend contacting FiO Legal’s Relocation team, who will be available to provide personalized guidance tailored to your situation.
