If you’re a non-EU citizen living in another EU country with long-term residence status, you may already have a pathway to move to Portugal without applying for a traditional visa.
Under Article 116 of Portugal’s immigration law, certain third-country nationals who hold EU long-term resident status can apply for a Portuguese residence permit without starting the immigration process from scratch.
This route is based on EU Directive 2003/109/EC, which allows long-term residents in one EU country to move and settle in another EU member state for purposes such as work, study, or family reunification.
In this guide, we explain how Article 116 works, who qualifies, and how to apply for residency in Portugal through this route.
What Is Article 116 in Portugal?
Article 116 is a provision in Portugal’s immigration law that allows non-EU citizens who hold EU long-term resident status in another EU country to apply for residency in Portugal.
Instead of applying for a visa through a Portuguese consulate, applicants may submit their residency application directly in Portugal.
In simple terms
If you:
- are a non-EU citizen
- legally live in another EU country
- hold long-term EU resident status
you may be able to relocate to Portugal and apply for residency under Article 116.
Article 116 Residency Overview
| Feature | Details |
|---|---|
| Who can apply | Non-EU citizens with EU long-term residence |
| Visa required | No |
| Application location | Portugal |
| Legal basis | EU Directive 2003/109/EC |
| Residence permit validity | Up to 5 years |
Who Can Apply for Portuguese Residency Under Article 116?
Article 116 is specifically designed for third-country nationals already settled in another EU country.
To qualify, applicants must meet several conditions.
1. Non-EU/EEA/Swiss Citizen
This pathway is available only to third-country nationals, meaning individuals who are not citizens of:
- European Union countries
- Norway
- Iceland
- Liechtenstein
- Switzerland
EU citizens already have freedom of movement rights and can relocate to Portugal without this process.
2. Long-Term EU Resident Status
Applicants must hold a long-term residence permit issued under EU Directive 2003/109/EC. This status is typically granted after five years of legal residence in another EU country.
It is different from a temporary residence permit.
3. Legal Residence in Another EU Country
Applicants must be legally residing in that EU country and in compliance with local immigration regulations.
4. Valid Reason to Relocate
The move to Portugal must be supported by a legitimate purpose, such as:
- employment
- self-employment or business activity
- studies
- family reunification
Supporting documents are usually required to demonstrate the reason for relocation.
Benefits of Portuguese Residency Under Article 116
Obtaining residency in Portugal through Article 116 provides access to many of the same rights available to other Portuguese residents.
Employment Rights
You may work for Portuguese employers without requiring a separate work permit.
Business and Freelancing Opportunities
Residents can start businesses, work independently, or provide freelance services.
Access to Education
Residents may enroll in Portuguese universities and educational institutions, often under local tuition conditions.
Family Reunification
You may bring eligible family members to Portugal through the family reunification process.
Investment Opportunities
Residents can participate in Portuguese business or investment opportunities.
Get In Touch With a Portugal Immigration Specialist
Portugal Residency Advisors® has assisted numerous international families in successfully relocating to Portugal and securing residency. Discover how our trusted, all-in-one solution makes your move simple and successful.
How to Apply for Residency Under Article 116
The application process generally takes place within Portugal and involves submitting documents to AIMA (Agency for Integration, Migration and Asylum).
Step 1 – Obtain a Portuguese Tax Number (NIF)
A NIF (Número de Identificação Fiscal) is required for most administrative procedures in Portugal, including:
- opening bank accounts
- signing rental agreements
- handling official paperwork
Step 2 – Open a Portuguese Bank Account
Applicants typically open a local bank account to manage finances and demonstrate ties to Portugal.
Step 3 – Secure Accommodation
Applicants must provide proof of accommodation, such as:
- rental agreement
- property ownership
- invitation letter or term of responsibility
Step 4 – Prepare Required Documents
Typical documents include:
- valid passport
- EU long-term residence permit issued by another EU country
- criminal record certificate
- proof of accommodation in Portugal
- supporting documents related to work, studies, or business activity
Step 5 – Attend an AIMA Appointment
Applicants submit their documents at an AIMA appointment, where biometric data and documentation are collected.
Step 6 – Receive the Portuguese Residence Permit
If approved, applicants receive a Portuguese residence permit valid for up to five years.
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Alternatives to Article 116 Residency
While Article 116 offers a convenient pathway for certain applicants, it is a relatively specialized route. In some cases, individuals may prefer to apply through Portugal’s standard residency visas.
Common alternatives include:
Portugal D7 Visa
The Portugal D7 Visa is popular among retirees and individuals with passive income. Applicants typically need to demonstrate a regular monthly income of around €920 or more.
Portugal Digital Nomad Visa (D8)
The Digital Nomad Visa allows remote workers earning at least €3,680 per month to live in Portugal while working for foreign employers or clients.
Portugal D2 Entrepreneur Visa
The D2 Visa is designed for entrepreneurs who want to establish or develop a business in Portugal.
Portugal Golden Visa
The Portugal Golden Visa grants residency through qualifying investments in the Portuguese economy.
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Your Questions Answered
What is Article 116 in Portugal?
Article 116 is a provision in Portugal’s immigration law that allows non-EU citizens who 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 residency?
This route is available to third-country nationals who already hold EU long-term resident status under Directive 2003/109/EC and are legally living in another EU country.
Do I need a visa to move to Portugal under Article 116?
No. If you qualify under Article 116, you may apply for a Portuguese residence permit directly in Portugal, without applying for a visa through a consulate.
Can I work in Portugal with Article 116 residency?
Yes. Once your Portuguese residence permit is approved, you can work, start a business, or work as a freelancer in Portugal.
Can my family join me under Article 116?
Yes. After obtaining residency, eligible family members may apply through Portugal’s family reunification process.
How long is the residence permit issued under Article 116 valid?
Residence permits issued under Article 116 are typically valid for up to five years, depending on the specific circumstances of the application.
Article 116 provides a useful pathway for non-EU citizens who already hold long-term residency in another EU country and wish to relocate to Portugal.
By allowing eligible residents to apply directly within Portugal, this provision simplifies the relocation process and supports mobility within the European Union.
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