Thinking about relocating to Portugal while already living in the EU on a long-term residence permit? If you’re a non-EU/EEA/Swiss citizen with legal long-term residency in another EU country, you might be closer to Portuguese residency than you think. Thanks to Article 116 of Portugal’s immigration law, there’s a specific route designed just for people in your situation.
In this article, we’ll break down what Article 116 is, who qualifies, and how you can use it to make Portugal your new home.
What is the Article 116?
Article 116 of Portugal’s immigration law refers to a specific provision that allows non-EU/EEA/Swiss citizens who already hold a long-term residence permit in another EU country to apply for a residence permit in Portugal — without starting the process from scratch.
It’s part of Portugal’s implementation of EU Directive 2003/109/EC, which gives long-term residents in one EU member state certain rights to move and settle in another EU country for reasons such as work, study, or family reunification.
In simple terms
If you’re legally living in an EU country (like Germany, France, or the Netherlands) and hold long-term EU resident status, Article 116 lets you apply for Portuguese residency without needing a visa. It’s a legal pathway to move within the EU more easily.
Key Benefits
- No need to apply for a traditional visa like D7 or Digital Nomad Visa
- Faster and simpler process compared to applying from your home country
- You can move for work, study, business, or family reasons
If you’re an EU, EEA, or Swiss citizen, Article 116 doesn’t apply to you. Instead, you can move to Portugal freely and apply for your CRUE (Certificate of Registration) once you arrive.
Who Can Apply for Portuguese Residency under Article 116?
Article 116 is designed for third-country nationals who are already settled in another EU country and want to move to Portugal. To qualify, you must meet the following criteria:
- You’re a Non-EU/EEA/Swiss Citizen
This pathway is for third-country nationals — meaning you’re not a citizen of an EU country, Norway, Iceland, Liechtenstein, or Switzerland.
- You Hold Long-Term Resident Status in Another EU Country
You must already have a long-term residence permit issued under EU Directive 2003/109/EC. This typically applies after 5+ years of legal residence in that country and is different from a regular or temporary permit.
- You’re Living Legally in That EU Country
You should be residing legally and continuously in that EU member state and must be in compliance with local immigration rules.
- You Have a Valid Reason to Move to Portugal
Whether it’s for work, study, self-employment, or joining family, your reason for relocating must be legitimate and supported by documents.
Benefits of Portuguese Residency
Residency under Article 116 offers far more than just the lifestyle appeal of living in Portugal. It provides access to a broad range of legal rights and opportunities, allowing you to fully integrate into Portuguese society and the wider EU market. Key benefits include:
- Employment rights, allowing you to work for Portuguese companies without the need for a separate work permit
- Entrepreneurial freedom, with the ability to start your own business or work as a freelancer
- Access to education, including enrolment in Portuguese universities under local tuition conditions
- Family reunification, enabling you to bring close family members to live with you in Portugal
- Investment opportunities, giving you the option to invest in Portuguese businesses or other ventures
Step-by-Step Application Process for Article 116 Residency in Portugal
Step 1 – Get Your NIF (Portuguese Tax Number)
Start by obtaining your NIF — this is essential for any official process in Portugal, including renting a property, opening a bank account, or applying for residency.
Step 2 – Open a Portuguese Bank Account
With your NIF in hand, you’ll need to open a Portuguese bank account to manage payments and demonstrate financial ties to Portugal.
Step 3 – Secure Proof of Accommodation
You must show you have a place to stay in Portugal. This can be:
- A rental contract
- Property ownership deeds
- A term of responsibility or invitation letter from someone you’ll be staying with
Step 4 – Gather Your Documents
Prepare the following documents for your appointment:
- Valid passport
- EU long-term residence permit from another EU country
- Clean criminal record certificate from your current country of residence
- Any additional documents AIMA may request (working with a lawyer is highly recommended to ensure nothing is missed)
Step 5 – Book and attend Your AIMA Appointment
Schedule your appointment with AIMA (Portugal’s immigration authority) to submit your application in person. Bring all required documents and be ready for biometric collection and document submission.
Step 6 – Receive Your Residency Card
Once approved, you’ll receive your Portuguese residency card, valid for 5 years.
For more videos about investing or moving to Portugal, explore our YouTube channel here: YouTube Channel Portugal Residency Advisors.
Alternatives to Article 116
Article 116 offers a legal pathway for non-EU/EEA/Swiss citizens who hold long-term resident status in another EU country to relocate to Portugal. However, it is a relatively underutilised route, which means that finding Portuguese immigration lawyers with direct experience in handling these specific applications may be challenging.
As an alternative, applicants may consider pursuing one of Portugal’s standard residency visa options — such as the D7, D8 (Digital Nomad), or Golden Visa — which can be submitted from their country of residence or country of nationality.
Portugal D7 Visa
Portugal D7 Visa, which is perfect for retirees or those with passive income. This visa requires proof of monthly regular income of €870, and the ability to support yourself without working in Portugal. It’s a great option for those looking to enjoy the country’s relaxed lifestyle and stunning natural beauty.
Portugal Digital Nomad Visa
Digital Nomad Visa Portugal, or D8 Visa, for remote workers and freelancers earning a minimum of €3,480 per month, allow them to live and work in the country for up to a year, enjoying all the benefits of the Portuguese lifestyle while earning an income from their remote job or business.
Portugal D2 Visa
D2 Visa Portugal in case you are an entrepreneur looking to start or develop a business in Portugal, which allows you to obtain a residence permit for up to two years.
Portugal Golden Visa
The Portugal Golden Visa program in Portugal, also known as the Residence Permit by Investment Program, is an investment immigration program that grants residency and citizenship rights to foreign investors who make a significant economic contribution to the country.
Frequently Asked Questions About Can I Move to Portugal Through Article 116
What is Article 116 in Portugal’s immigration law?
Article 116 allows non-EU/EEA/Swiss citizens who already hold long-term residence status in another EU country to apply for residency in Portugal without needing a traditional visa.
Who qualifies for Article 116?
You must be a third-country national (non-EU/EEA/Swiss) with a valid long-term EU residence permit issued under Directive 2003/109/EC. This includes holders of EU long-term residence cards, EU Blue Cards, or permanent residence cards.
Can family members apply under Article 116?
Yes, family reunification is possible. Immediate family members of the main applicant may also apply to join them in Portugal, under family reunification provisions.
Do I need to live in Portugal full-time after getting this residency?
Yes, to maintain your residency status, you must spend a minimum amount of time in Portugal (generally more than 6 consecutive months or 8 months in total per year).
Is Article 116 better than applying for a D7 or Golden Visa?
It depends. Article 116 is ideal for those already legally residing in the EU. It avoids the need for consular visa applications, but it’s less common and may require legal support due to limited practitioner experience.
How long is the residency permit valid under Article 116?
The initial residence permit is typically issued for 5 years, with the possibility to renew and later apply for permanent residency or Portuguese citizenship.
Can I work or start a business in Portugal with Article 116?
Yes, you can work for a Portuguese employer, start a business, or work as a freelancer legally under this residency.
What documents do I need to apply for the Article 116?
Key documents include your valid passport, EU long-term residence permit, proof of accommodation in Portugal, clean criminal record, and proof of financial means. AIMA may request additional documentation.
How long does the Article 116 process take?
Processing times vary, but from the moment you book your AIMA appointment and submit documents, it typically takes a few weeks to a few months to receive your residence card.
Do I need a lawyer to apply under Article 116?
It’s not mandatory, but strongly recommended. Since this route is less commonly used, working with an experienced immigration lawyer can help ensure your application is correctly prepared and submitted.
