Article 78 of Lei n.º 23/2007 is the rule for renewing a temporary residence permit in Portugal. The biggest change in September 2026 is not the filing window itself. It is what happens when AIMA misses the decision deadline.
The 60-day renewal decision deadline remains, but the old Article 82(7) rule on automatic approval through administrative silence — deferimento tácito — was repealed by Lei n.º 62/2026 with effect from 11 September 2026.
Quick Answer
- Article 78 governs renewal of temporary residence permits.
- The statutory filing window is generally 90 to 30 days before the card expires.
- Article 82(6) still sets a 60-day deadline for a renewal decision.
- Since 11 September 2026, missing that deadline does not create a new automatic approval under the former Article 82(7).
- If your card expires after you file, Article 78(7) still gives the renewal receipt the same legal effect as the residence title for 60 days, renewable.
- In AIMA’s online renewal process, proof issued after the request is registered and the fee is paid can be valid for 180 days.
- IRN is no longer the normal residence-permit renewal route; AIMA has handled renewals exclusively since August 2025.
Changed 11 September 2026: old guides saying AIMA must automatically approve a residence renewal after 60 days may now be outdated. The 60-day deadline remains, but Article 82(7), which contained the tacit-approval rule, has been repealed.
What Article 78 Actually Requires
Article 78 is about keeping an existing temporary residence permission in force. It is not a general “conversion” article for changing from one residence category to another.
For renewal, the law requires you to continue meeting the relevant residence conditions. In practical terms, that includes evidence of:
- sufficient means of subsistence;
- accommodation;
- compliance with tax obligations;
- compliance with Social Security obligations where applicable; and
- no statutory criminal, public-order or national-security ground preventing renewal.
Article 78 also says that a disease or health condition diagnosed after your first residence title was issued is not, by itself, enough to refuse renewal.
Before filing, check that your details and obligations are clean in Portal das Finanças and Segurança Social Direta. If AIMA asks for additional evidence, respond to the request rather than assuming an older checklist is exhaustive.
The Filing Deadline the Law Sets, and the Window AIMA Actually Uses
Article 78(1) says the renewal request must be submitted up to 30 days before the permit expires. Decreto Regulamentar n.º 84/2007, Article 63(16), sets the practical filing period between 90 and 30 days before expiry.
That wording matters. The legal deadline is not “30 days after expiry.” If you file later than 30 days before the expiry date, you are already outside the statutory deadline even if the card is still valid.
AIMA has been opening the Portal das Renovações by permit type and expiry cohort. Do not assume that every card can be renewed online on the first day of the 90-day window. Check the current route and eligible expiry dates in our AIMA online portal guide before relying on a specific filing day.
If the portal does not let you submit during the legal window, keep evidence: screenshots with dates, error messages, emails and any AIMA contact-form submissions. That can matter later if there is a dispute about whether the delay was yours.
AIMA Missed the Renewal Deadline — Are You Automatically Approved?
No, not under the law now in force.
Article 82(6) still gives AIMA 60 days to decide a residence-permit renewal. But Lei n.º 62/2026 expressly repealed Article 82(7), the paragraph that previously treated certain applications as approved when the administration failed to decide within the legal deadline for reasons not attributable to the applicant.
So the rule is now simpler:
AIMA missing 60 days does not, by itself, mean your renewal is automatically approved.
Do not confuse this with Article 82(5). That paragraph now gives a 90-day decision period for the initial concession of a residence permit, exceptionally extendable by another 30 days with justification and notification. Article 82(6) remains the separate 60-day renewal deadline.
There is one transition point worth treating carefully. If your 60-day period had already expired before 11 September 2026 and you are considering relying on the former Article 82(7), do not assume either that the old approval survives or that it disappeared automatically. Lei n.º 62/2026 does not set out an obvious general transitional rule for pending residence procedures under Lei n.º 23/2007. That is a case-specific legal question.
For delays under the current law, the important shift is from “automatic approval” to what remedy is available when AIMA does not act. We cover that separately in the Article 109 CPTA / AIMA legal-options guide so this renewal page does not turn into a court-procedure guide.
Your Card Has Expired but Your Renewal Is Still Pending
An expired card and an expired right of residence are not necessarily the same thing.
Article 78(7) remains important: the receipt issued when you submit a renewal request has the same legal effect as the residence title for 60 days, and that effect can be renewed. AIMA has also stated that, in its online renewal process, once the request is registered and the fee is paid, the proof issued is valid for 180 days.
Separately, Decreto Regulamentar n.º 84/2007, Article 63(14), says the right of residence does not lapse until six months after the residence title’s expiry date.
Lei n.º 62/2026 also repealed Article 78(6), but that old paragraph concerned administrative transmission of a refusal decision to other bodies. It did not contain the renewal-receipt protection. Article 78(7) was not repealed.
For day-to-day use in Portugal, keep these together:
- your expired residence card;
- your renewal receipt or AIMA renewal proof; and
- any later AIMA communication extending or confirming the pending process.
If your address has changed, update it rather than waiting for the new card to be sent to an old address. Our proof of address guide explains the documents commonly used when an authority asks you to prove where you live.
What about travel outside Portugal?
Do not turn the six-month residence rule into a travel guarantee.
Article 63(14) protects the underlying Portuguese residence position for the period stated in the regulation. It does not force an airline, another Schengen state or a foreign border authority to treat an expired Portuguese card or AIMA renewal receipt as a valid travel document.
If you need to leave Portugal while the card is expired or the renewal is pending, check the separate expired residence card travel guide before booking. Travel and re-entry are a different question from whether your residence remains lawful inside Portugal.
Filing Late: The Fine Under Article 201
Article 201 makes a late renewal request a contraordenação punishable by a fine of €75 to €300.
The key point is the trigger. Article 201 refers back to the deadline in Article 78(1). That means the issue arises when the renewal is filed after the statutory deadline of 30 days before expiry — not only after the card has already expired.
Example: if your card expires on 30 November, the statutory renewal deadline is generally 31 October. A request made on 15 November is already late for Article 78 purposes even though the card has not yet expired.
The separate six-month protection for the underlying right of residence does not erase the late-filing rule. These are two different questions:
- Are you late in filing? Article 78(1) and Article 201.
- Has the underlying right of residence lapsed? Article 63(14) of Decreto Regulamentar n.º 84/2007.
If AIMA’s system prevented you from filing during the legal window, keep proof of every failed attempt and contact. Whether a fine is imposed in an individual case depends on the facts, but you want a record showing the delay was not simply ignored.
If AIMA Still Won’t Decide: Article 87-B
The repeal of tacit approval does not mean AIMA can delay indefinitely without any legal remedy.
Article 87-B, added in 2025, expressly addresses judicial challenges to AIMA decisions and omissions. Depending on the case, the route can include an administrative action under the CPTA or, where the stricter legal conditions are met, an urgent intimação para proteção de direitos, liberdades e garantias.
That is not the first step for every delayed renewal. Keep your submission proof, payment proof and AIMA correspondence, and use the normal administrative channels first. If the delay becomes serious, see our Article 109 CPTA / AIMA legal options guide for the remedies, evidence and escalation path.
Permanent Residence Renews Differently
Article 78 is about temporary residence permits. If you already hold permanent residence, the underlying right is different even though the physical card still needs periodic renewal.
If you are approaching five years of temporary residence, see our guide to permanent residence after five years before automatically treating your next step as another Article 78 renewal.
Frequently Asked Questions
How many days before my residence card expires can I request renewal in Portugal?
The regulatory filing window is generally 90 to 30 days before expiry. Article 78(1) makes the 30-days-before-expiry point the statutory deadline.
Does AIMA automatically approve my renewal after 60 days?
No, not under the law in force since 11 September 2026. Article 82(6) still gives AIMA 60 days to decide a renewal, but Lei n.º 62/2026 repealed Article 82(7), which contained the tacit-approval rule.
If your 60-day period had already ended before 11 September 2026 and you were relying on the former rule, the transition can be legally significant and should be assessed on the facts of your case.
My card expired after I submitted the renewal. Am I still legally resident?
A pending renewal can carry legal protection even after the date printed on the card. Article 78(7) gives the renewal receipt the same effect as the residence title for 60 days, renewable. AIMA’s online process can also issue 180-day proof after registration and payment, while Article 63(14) separately protects the underlying right of residence for up to six months after the card’s expiry.
Keep the expired card and current renewal proof together.
Can I travel outside Portugal while my renewal is pending?
Do not assume that domestic residence protection equals international travel permission. An airline or foreign border authority may not accept an expired Portuguese residence card or an AIMA renewal receipt in the same way Portuguese authorities do. Check your route and documents before travelling.
What is the fine for renewing my Portuguese residence permit late?
Article 201 provides a €75 to €300 fine for a renewal request submitted after the Article 78(1) deadline. The relevant deadline is generally 30 days before the card expires, not 30 days after expiry.
Can I renew my residence permit at an IRN office instead of AIMA?
Not as the normal route. Since 1 August 2025, IRN has no longer handled residence-permit renewal appointments; renewal processing returned to AIMA.
What documents prove my means of subsistence for renewal?
The evidence depends on how you support yourself. It can include employment income, self-employment income, pensions, savings or other lawful resources. AIMA can ask for documents appropriate to the residence category and your circumstances, so use the current renewal instructions for your case rather than an old generic checklist.
Do I need to renew if I already have permanent residence?
The permanent right and the physical residence card are different. Permanent residence does not work like an Article 78 temporary renewal, but the card still requires periodic renewal.
Can AIMA refuse renewal because I became ill after receiving my first permit?
A disease or health condition that appears after the first residence title was issued is not, on its own, sufficient grounds for refusal under Article 78.
The practical rule to remember is this: file within the legal window, keep proof of every step, and do not treat 60 days of AIMA silence as automatic approval anymore.