Portuguese immigration law allows the authorities to begin administrative proceedings to cancel a residence permit in certain situations. These rules are set out in Article 85 of the Foreigners’ Law and apply to immigrants who no longer meet the conditions under which their permit was granted.
One of the most common grounds for cancellation is the use of false information or fraudulent documents during the application or renewal process. This can include incorrect proof of address, employment records, or any other documentation required to justify legal residence.
Another situation that may lead to cancellation involves failure to respect the purpose of the residence permit. For example, a residence permit issued for study purposes is dependent on active enrollment and attendance. If a student suspends, abandons, or stops attending their course and instead begins working, the legal basis for the permit no longer exists. Even though the residence card may remain valid until its expiry date, it no longer fulfills its original purpose under the law, which can justify cancellation.
By contrast, immigrants who complete the course for which their student residence permit was granted are in a different position. If they finish their studies and subsequently secure employment, the law provides specific mechanisms that allow them to apply for a new residence permit. In such cases, there are also dedicated renewal procedures designed to accommodate this transition.
Extended absences from Portugal can also trigger cancellation. The law sets a limit of six consecutive months outside the country, or eight non-consecutive months within a single year. If an immigrant needs to exceed these limits, it is strongly recommended that they formally inform the Agency for Integration, Migration and Asylum (AIMA) in advance. The request must be supported by valid reasons, such as health issues, education, professional obligations, vocational training, or the need to accompany a close family member.
In more serious cases, residence permits may be revoked due to criminal convictions, particularly for serious offenses, or when an individual is considered a threat to public order or national security.
Although AIMA is the authority responsible for canceling residence permits, the process is not automatic. Before any decision is finalized, the individual concerned must be notified and given the opportunity to be heard and present a defense. Judicial appeals are also available. Currently, AIMA does not publish public statistics detailing how many residence permits are canceled each year.
