Applicable Legislation
1. Foreigners Law
It is the legal framework for entry, stay, departure and removal of foreigners into and out of the national territory.
A. Apply for residence in Portugal to live in Portugal and in family reunification
Article 77, Paragraph 1 - Residence Authorization (General Regime)
Necessary documents
The application for a residence permit must be scheduled (via an electronic platform - to be implemented for the holders of residence visas) and presented in person in a standard form signed by the applicant or his / her legal representative. The application may be submitted to any SEF regional directorate or delegation, which, after the procedure and the decision, transmits it to the regional directorate or delegation of the applicant's area of residence. Documentation required as follows:
• Two recent, identical color photographs with a white background, and easily identifiable (only for markings in Odivelas, Aveiro or Braga SEF bureau)
• Passport or any other valid travel document
• Valid residence visa
• Proof of sufficient means of subsistence, in accordance with the provisions of order number 1563/2007 of 11/12
• Evidence that the candidate has adequate accommodation
• Permission to verify criminal records (except for those under 16 years of age)
• A document certifying the existence of a family relationship, when applicable
• Evidence of registration support within the tax authority
• Document proving that the applicant is registered with the Social Security, when applicable
• Health insurance or proof of support that he / she is covered by the National Health Service
Notes
• The granting of a residence permit implies: the absence of any fact which, if known to the competent authorities, prevents the granting of the visa; Absence of conviction for a crime which, in Portugal, is punishable by deprivation of liberty for more than one year; The applicant is not within a period of prohibition of entry into the national territory, following a measure of expulsion from the country; No indication in the Schengen Information System; There is no indication in the SEF's Integrated Information System for non-admission purposes, pursuant to article 33 of the Aliens Act.
• The following administrative infractions apply: Article 192 of the Foreigners Law (Illegal Stay); Article 197 Aliens Act (No declaration of entry); Article 198 of the Foreigners Law (Unauthorized Independent Professional Activity); Article 199 of the Foreigners Law (No travel document).
Legal framework
Article 77, Paragraph 1 of Repsae, Together with Articles 51 and 53 of Rd 84/2007 As Amended
Payment order 1563/2007, of 11/12
B. To Live in Portugal and Family Reunification (1)
Article 98, Paragraph 1 - Family Reunification
Necessary documents
Application for residence card is provided (via an electronic platform) and submitted by the holder of the right to family reunification. It can be submitted in any direction of the SEF or regional delegation, that, after the process and decision, will send it to the direction or regional delegation of the applicant's area of residence. Documentation required as follows:
• Two recent, identical color photographs with a white background, and easily identifiable (only for markings in Odivelas, Aveiro or Braga SEF bureau)
• Documentary evidence certifying the right to family reunification by a foreign national holding a residence permit, an EU blue card or long-term resident status
• Authentication of documents proving the invoked family links
• Authenticated copies of identification documents of applicants' family members
• Evidence that the applicant has adequate accommodation (not applicable to refugees)
• Documentary evidence of adequate means of subsistence for the applicant and the family, in accordance with order number 1563/2007 of 11/12 (not applicable to refugees)
• Extract from the judicial record in the country of origin or provenance of the family member (where the family member has resided for more than one year), except for children under 16 years of age.
• Certificate of incapacity for children of age, in the case of dependent children of age
• Certificate of incapacity for children of age, in the case of dependent children of age
• A certified copy of the adoption decision and a certified copy of the recognition of the decision by the national authority, where applicable
• Certificate of Complete Birth, documentary evidence of economic dependence and document to support enrollment in a Portuguese language teaching establishment, in the case of children of legal age, single and dependent
• Documentary evidence of economic dependence by first-degree relatives on the direct upline, under the age of 65
• Certified copy of the custody decision, as well as a certified copy of the recognition of the decision by the national authority, where applicable, for cases involving minor siblings.
• Authorization written by a non-resident parent, authenticated by a Portuguese consular authority, or a copy of the decision of the court granting the legal guardianship of the minor, or custody of an invalid to the resident or his or her spouse, when applicable.
• Circumstantial evidence of Single Partnership, as provided for in article 2-A of Law no. 7/2001, of May 11, as amended by Law no. 23/2010, of August 30, accompanied, whenever possible , of other circumstantial evidence of the unmarried partnership relevant for the purposes of article 104 (2) of the Foreigners Law
Notes
• The granting of a residence permit implies: the absence of any fact which, if known to the competent authorities, prevents the granting of the visa; Absence of conviction for a crime which, in Portugal, is punishable by deprivation of liberty for more than one year; The applicant is not within a period of prohibition of entry into the national territory, following a measure of expulsion from the country; No indication in the Schengen Information System; There is no indication in the SEF's Integrated Information System for non-admission purposes, pursuant to article 33 of the Foreigners Law
• After deciding on the application for family reunification, the SEF will inform the Ministry of Foreign Affairs to begin the process of residence visa at its consulate.
• After entering the national territory with a residence permit, the family member of the applicant must apply to the SEF for a residence permit in accordance with article 107 of Law no. 23/2007, of July 4, as amended.
• The following family members, in accordance with articles 99 and 100 of the Foreigners Law, are entitled to family reunification:
o The spouse;
o Children under age or incapacitated under guardianship of the couple or one of the spouses;
o Minors adopted by an unmarried candidate, by a married petitioner or by the spouse, after a decision taken by the competent authority of the country of origin, provided that the legal framework incorporates the same rights and duties of natural affiliation and provided that such a decision is recognized by Portugal.
o Children of legal age, of whom the couple or one of the spouses is responsible, and study at a Portuguese educational institution.
o Children over 18 years of age, of whom the couple or one of the spouses is in charge, single or studying, where the holder of the right to reunification has a residence permit granted in accordance with Article 90a.
o First-rate ascendants on the direct line to the resident or his or her spouse, provided that they depend on one of them
the minor siblings in the custody of the resident, after a decision by the competent authority of the country of origin, provided that such decision is recognized by Portugal
• The following family members of unaccompanied minors also have the right to family reunification:
the Ascendant of first degree in the direct line;
his legal guardian or other family member if the refugee has no direct relatives or if it is impossible to track them.
• For the purposes of family reunification with a beneficiary of a Residence Authorization for study, unpaid vocational training or voluntary work are entitled to the following family members:
the spouse
o Children under age or incapacitated under guardianship of the couple or one of the spouses;
o Minors adopted by an unmarried candidate, by a married petitioner or by the spouse, after a decision taken by the competent authority of the country of origin, provided that the legal framework incorporates the same rights and duties of natural affiliation and provided that such a decision is recognized by Portugal.
• Civil partnership - Family reunification can be authorized with:
o A legally recognized non-marital partner of the resident, regardless of whether the partner is in or out of the national territory;
o Minor or disabled children, including children adopted by the legal partner, provided that such children are under their care.
• Documents written in a foreign language must be accompanied by a translation that can be certified by any of the entities indicated in the Code of Notaries, namely: Portuguese Notary; Portuguese Consulate in the country where the document was passed; Consulate of that country in Portugal.
Legal framework
Article 98, Paragraph 1 E Article 100 Of Repsae, In Conjuncture With Article 67 Of Rd 84/2007 As Amended
Payment order 1563/2007, of 11/12
C. To Live in Portugal and Family Reunification (2)
Article 98, Paragraph 2 - Family Reunification (Relative in the National Territory)
Necessary documents
Application for residence card is provided (via an electronic platform) and submitted by the holder of the right to family reunification. It can be submitted in any direction of the SEF or regional delegation, that, after the process and decision, will send it to the direction or regional delegation of the applicant's area of residence. Documentation required as follows:
• Two recent, identical color photographs with a white background, and easily identifiable (only for markings in Odivelas, Aveiro or Braga SEF bureau)
• Documentary evidence certifying the right to family reunification by a foreign national holding a residence permit, an EU blue card or long-term resident status
• Authentication of documents proving the invoked family links
• Authenticated copies of the identification documents of the applicant's family members are not required if the originals and copies are presented locally at the Services Office.
• Passport or other valid travel document
• Evidence that the applicant has adequate accommodation (not applicable to refugees)
• Documentary evidence of adequate means of subsistence for the applicant and the family, in accordance with order number 1563/2007 of 11/12 (not applicable to refugees)
• Permission to verify criminal records, except for persons under 16 years of age
• Extract from the judicial record in the country of origin or provenance of the family member (where the family member has resided for more than one year)
• Proof of legal entry into national territory
• Certificate of incapacity for children of age, in the case of dependent children of age
• A certified copy of the adoption decision and a certified copy of the recognition of the decision by the national authority, where applicable
• Certificate of Complete Birth, documentary evidence of economic dependence and document to support enrollment in a Portuguese language teaching establishment, in the case of children of legal age, single and dependent
• Documentary evidence of economic dependence by first-degree relatives on the direct upline, under the age of 65
• Certified copy of the custody decision, as well as a certified copy of the recognition of the decision by the national authority, where applicable, for cases involving minor siblings.
• Authorization written by a non-resident parent, authenticated by a Portuguese consular authority, or a copy of the decision of the court granting the legal guardianship of the minor, or custody of an invalid to the resident or his or her spouse, when applicable.
• Circumstantial evidence of Single Partnership, as provided for in article 2-A of Law no. 7/2001, of May 11, as amended by Law no. 23/2010, of August 30, accompanied, whenever possible , of other circumstantial evidence of the unmarried Partnership relevant for the purposes of article 104 (2) of the Foreigners Law, paragraph 2 of the Foreigners Law
Notes
• The granting of a residence permit implies: the absence of any fact which, if known to the competent authorities, prevents the granting of the visa; Absence of conviction for a crime which, in Portugal, is punishable by deprivation of liberty for more than one year; The applicant is not within a period of prohibition of entry into the national territory, following a measure of expulsion from the country; No indication in the SEF's Integrated Information System for non-admission purposes, pursuant to Article 33 of the Foreigners Law.
• The following family members, in accordance with articles 99 and 100 of the Foreigners Law, are entitled to family reunification:
o The spouse;
o Children under age or incapacitated under guardianship of the couple or one of the spouses;
o Minors adopted by an unmarried candidate, by a married petitioner or by the spouse, after a decision taken by the competent authority of the country of origin, provided that the legal framework incorporates the same rights and duties of natural affiliation and provided that such a decision is recognized by Portugal.
o Children of legal age, of whom the couple or one of the spouses is responsible, and study at a Portuguese educational institution.
o Adult children, of whom the couple or one of the spouses is in charge, single or studying, where the holder of the right to reunification has a residence permit granted in accordance with Article 90a.
o First-rate ascendants on the direct line to the resident or his or her spouse, provided that they depend on one of them
the minor siblings in the custody of the resident, after a decision by the competent authority of the country of origin, provided that such decision is recognized by Portugal
• The following family members of unaccompanied minors also have the right to family reunification:
the Ascendant of first degree in the direct line;
his legal guardian or other family member if the refugee has no direct relatives or if it is impossible to track them.
• For the purposes of family reunification with a beneficiary of a Residence Authorization for study, unpaid vocational training or voluntary work are entitled to the following family members:
o spouse
o Children under age or incapacitated under guardianship of the couple or one of the spouses;
o Minors adopted by an unmarried candidate, by a married petitioner or by the spouse, after a decision taken by the competent authority of the country of origin, provided that the legal framework incorporates the same rights and duties of natural affiliation and provided that such a decision is recognized by Portugal.
• Civil partnership - Family reunification can be authorized with:
o A legally recognized non-marital partner of the resident, regardless of whether the partner is in or out of the national territory;
o Minor or disabled children, including children adopted by the legal partner, provided that such children are under their care.
• Documents written in a foreign language must be accompanied by a translation that can be certified by any of the entities indicated in the Code of Notaries, namely: Portuguese Notary; Portuguese Consulate in the country where the document was passed; Consulate of that country in Portugal.
• The following administrative infractions apply: Article 192 of the Foreigners Law (Illegal Stay); Article 197 Foreigners Law (No declaration of entry); Article 198 of the Foreigners Law (Unauthorized Independent Professional Activity); Article 199 of the Foreigners Law (No travel document).
Legal framework
Article 98, Paragraph 1 E Article 100 Of Repsae, In Conjuncture With Article 67 Of Rd 84/2007 As Amended
Payment order 1563/2007, of 11/12
D. Article 89, Paragraph 4 - Residence Permit for Entrepreneurial Immigrants - "Visa Startup"
Necessary documents
The application for a residence card is scheduled (via an electronic platform), presented in person on a standard form signed by the applicant or his / her legal representative. It can be submitted in any direction of the SEF or regional delegation, that, after the process and decision, will send it to the direction or regional delegation of the applicant's area of residence. Documentation required as follows:
• Two recent, identical color photographs with a white background, and easily identifiable (only for markings in Odivelas, Aveiro or Braga SEF bureau)
• Passport or any other valid travel document
• Proof of sufficient means of subsistence, as provided for in order number 1563/2007, dated 11/12
• Evidence that the candidate has adequate accommodation
• Permission to check criminal records (except for children under 16 years of age)
• Criminal record of the applicant's nationality or criminal record of the applicant's country of residence for more than one year (in accordance with Article 53 (4) of Regulatory Decree No. 84/2007)
Specific Documents
• Support document in which he / she is included in an incubator of certified companies, as provided in Decree no. 344/2017, of November 13, or of compliance, as provided for in paragraphs a) or b) of n. 2 of article 60 of Law no. 23/2007 (REPSAE). A pre-registration in IAPMEI, I.P. It is necessary. The information is detailed in the institutional portal of IAPMEI - Agency for Competitiveness and Innovation, I.P
Legal framework
Article 89 Paragraph 4 of Repsae, together with article 55, no. 6 From Rd 84/2007 As Amended And With Decree No. 344/2017 of November 11
Payment order 1563/2007, of 11/12
E. Article 90a - Residence permit for investment purposes
Necessary documents
The rules governing the granting of a residence permit for investment (ARI / Golden Visa), effective as of 8 October 2012, allow third-country nationals to obtain a temporary residence permit to carry out visa-free business activities to enter the national territory. Recipients of ARI / Golden Visa are entitled to:
• Exemption of residence visa to enter Portugal;
• Living and working in Portugal, provided that they remain in Portugal for a period of 7 or more days, in the first year and 14 or more days, in subsequent years;
• Visa exemption for travel within the Schengen area;
• Family Reunification
• Application for permanent residence (under the terms of the Foreigners Law - Law no. 23/2007, of July 4, with the current version);
• Apply for Portuguese nationality, by naturalization, provided that all other requirements established by the Nationality Law (Law no. 37/81, of October 3, as amended) are met;
All third-country nationals who carry out an investment activity, such as an individual entrepreneur or through an undertaking established in Portugal or in another EU Member State, and which are, in addition, stably established in Portugal, provided that they comply with the quantitative and the time requirements established by the relevant legislation may require a Residence Permit for Investment, by one of the following routes:
• Transfer of capital with a value equal or superior to 1 million euros; (PDF)
• The creation of at least 10 jobs; (PDF)
• Acquisition of property with a value equal or superior to 500 thousand euros; (PDF)
• Acquisition of real estate, with works of more than 30 years or located in areas of urban regeneration, for renovation, for a total value equal or superior to 350 thousand euros; (PDF)
• Transfer of capital with an amount equal to or greater than 350 thousand euros for investment in research activities conducted by public or private scientific research institutions involved in the national scientific or technological system; (PDF)
• Transfer of capital with a value of 250 thousand euros or more for investment in artistic production or support for the arts, for reconstruction or renovation of the national heritage, through local and central authorities, public institutions, public business sector, public foundations, private companies . public interest foundations, local network authorities, local business sector organizations, local associations and public cultural associations, which carry out activities of artistic production and the reconstruction or maintenance of national patrimony; (PDF)
• Capital transfer in the amount of 350 thousand euros or more for the acquisition of quotas of investment funds or risk capital of funds destined to the capitalization of companies, capital injected under the Portuguese legislation, whose maturity, at the time of investment is at least five years and at least 60% of the investments are made in commercial companies with headquarters in the national territory; (PDF)
• Transfer of capital in the amount of 350 thousand euros or more to set up a commercial company with headquarters in the national territory, combined with the creation of five permanent jobs, or to increase the share capital of a commercial company with its head office in the national territory , with the creation or maintenance of jobs, with a minimum of five permanent jobs, and for a minimum period of three years; (PDF)
• Family reunion. (PDF)
Portuguese, EU and EEA citizens are not eligible for the ARI / Golden Visa scheme.
Notes
• The granting of a residence permit implies: the absence of any fact which, if known to the competent authorities, prevents the granting of the visa; Absence of conviction for a crime which, in Portugal, is punishable by deprivation of liberty for more than one year; The applicant is not within a period of prohibition of entry into the national territory, following a measure of expulsion from the country; No indication in the Schengen Information System; There is no indication in the SEF's Integrated Information System for non-admission purposes, pursuant to Article 33 of the Aliens Act;
• Citizens holding an investment residence permit and their family members, in compliance with the requirements of Article 80 of the Aliens Act and wishing to obtain a permanent residence permit, shall be issued a permanent residence permit for investment purposes, exempt from Article 85 (2), (3) and (4) (b) of the same decree (annulment of the right to abstain from national territory, see Article 65-k of Regulatory Decree 84/07 of 5/11, as amended). The Permanent Residence Authorization for investment purposes may be subject to specific analysis and issuance fees, to be regulated by amendments to Administrative Rule 1334-E / 2010, of December 31.
Portal Ari Web
• Mandatory online pre-registration is available on the ARI Portal
• For more information, contact the SEF Contact Center
Legal framework
Article 90-A of Repsae, together with article 56 of Rd 84/2007 as amended
F. Article 109 - Residence Authorization for Victims of Trafficking in Human Beings or Human Smuggling
Requirements
• A residence permit shall be issued to a foreign national who is or has been the victim of criminal offenses related to trafficking in human beings or to smuggling of migrants irrespective of:
o Your illegal entry into the country; or
o Your ineligibility to grant a Residence Permit
• The procedure is initiated immediately after the SEF is informed by the investigating authorities
Notes
• The Residence Permit is valid for one year and renewable for equal periods, provided that eligibility conditions are maintained.
• Once the situation leading to the granting of a residence permit to a victim of trafficking in human beings has been terminated, a temporary residence permit may be requested, in accordance with Article 122, paragraph 1, point (n) of the Foreigners Law.
Legal framework
Article 109 The Foreigners Act, in conjunction with article 59 of Regulatory Decree no. 84/07 of 05/11, as amended, and Decree-Law no. 346/007 of November 5
Order number 1563/2007, of 11/12
G. Article 116 - Residence permit for holders of long-term residence status in another EU Member State
Necessary documents
The application for a residence permit must be scheduled (via an electronic platform - to be implemented for the holders of residence visas) and presented in person in a standard form signed by the applicant or his / her legal representative. The application may be submitted to any SEF regional directorate or delegation, which, after the procedure and the decision, transmits it to the regional directorate or delegation of the applicant's area of residence. Documentation required as follows:
• Two recent, identical color photographs with a white background, and easily identifiable (only for markings in Odivelas, Aveiro or Braga SEF bureau)
• Passport or any other valid travel document
• Proof of sufficient means of subsistence, in accordance with the provisions of order number 1563/2007 of 11/12
Proof that the applicant has adequate accommodation
• Work contract, memorandum of association or service contract, or
• Document proving that the applicant registered the commencement of trade with internal revenue and social security as an individual, or
• Written evidence that the applicant has registered with an officially recognized higher education institution or has been employed by an officially recognized undertaking providing vocational training, or
• Evidence of other relevant reasons for establishing residence in national territory;
• If applicable, a written statement issued by the respective professional association on the fulfillment of the conditions to become a member, or a statement confirming that the candidate holds the necessary qualifications to practice a particular profession, provided that that profession is subject to certain qualifications in Portugal;
• Long-term resident's title or a certified copy of it;
• Extract from the judicial register issued by the Member State which granted the long-term resident status.
• Permission to check criminal records (except for children under 16 years of age)
• Health insurance or proof of being covered by the National Health Service
Notes
• The residence permit is granted to family members residing with the holder of the residence permit in the Member State which granted the initial long-term residence status.
Legal framework
Article 116 Of the Aliens Act, In Addition to Article 60, Paragraph 1 of Regulatory Decree No. 84/07, of 05/11, as Amended
Payment order 1563/2007, of 11/12
H. Article 121-A Et Seq. (Article 121b and 121k) - "Blue EU Card" and residence permit for holders of a "blue card" in another Member State
Necessary documents
The "EU Blue Card" is the residence permit that allows the holder to live and exercise a highly qualified activity in the national territory. The application for a residence permit is scheduled and submitted in a standard form signed by the applicant or his legal representative and may be submitted by the applicant or his employer. The residence permit may also be granted to those who have lived for at least eighteen months, at least have holders of the "EU Blue Card" in another Member State that has granted the first blue card, and can go to Portugal to hire a highly qualified card. with your family members.
• Two recent, identical color photographs with a white background, and easily identifiable (only for markings in Odivelas, Aveiro or Braga SEF bureau)
• Valid residence visa (except for persons legally resident in the national territory) or blue card issued by an EU Member State
• Passport or any other valid travel document
• Proof of sufficient means of subsistence, in accordance with the provisions of order number 1563/2007 of 11/12
• Evidence that the candidate has adequate accommodation
• Permission for criminal background check
• Extract from the judicial register issued by the country of origin or by the Member State which awarded the EU Blue Card
• Highly qualified employment contract of a duration of not less than one year, earning an annual salary of at least 1.5 times the gross national average salary, and in the cases provided for in paragraph 2 of Article 61-A, , at least 1,2 times the gross national average salary
• Health insurance or proof of being covered by the National Health Service
• Be enrolled in Social Security
• For non-regulated professions, documents attesting to the highest professional qualifications relevant to the occupation or sector specified in the employment contract or in the offer of binding employment
• For a regulated profession specified in the employment contract or compulsory labor, documents attesting to professional certification, where applicable
Notes
• The EU blue card application may be submitted by the third party national or by their respective employer. In any case, the foreign citizen must be present for the collection of biometric data.
• Article 121a (3) of the Aliens Act defines who can not benefit from the EU Blue Card:
They are authorized to reside in a Member State under temporary protection or have required a residence permit for that reason and are awaiting a decision on their status as well as the benefits of the protection granted under Law 27/2008, June, or have demanded this protection and are awaiting a final decision on their status;
o They are family members of citizens of the European Union under the terms of Law no. 37/2006 of 9 August;
o Require or hold a residence permit for research, in accordance with article 90 (1);
o Benefit from long-term resident status in another EU Member State in accordance with Article 116 (1) (a) and (b) of the Aliens Act;
o Remaining in Portugal, for temporary reasons, to engage in investment-related business activities as seasonal or in-service workers, under the provision of services;
o By virtue of an agreement between the European Union and a third country of that nationality, enjoy the rights of free movement equivalent to those of the citizens of the European Union;
• The application for an EU Blue Card in national territory by a beneficiary of an EU Blue Card issued by another Member State must be submitted within 30 days of the date of entry into the National Territory.
Legal framework
Article 121-A Et Seq. The Foreigners Act (121 B and 121 K), in conjunction with article 60, paragraph 2, of Regulatory Decree No. 84/07, of 05/11, as amended
Payment order 1563/2007, of 11/12
I. Article 123 - Exceptional arrangements
Necessary documents
The procedure for granting a stay permit, in accordance with article 123, shall be regulated, with due adaptations, by the provisions of articles 54 et seq. of the Code of Administrative Procedure, requiring:
• Two recent, identical color photographs with a white background, and easily identifiable (only for markings in Odivelas, Aveiro or Braga SEF bureau)
• A written statement outlining the grounds for initiating an ex officio procedure, personally delivered, signed by the applicant (or his or her legal representative in the case of minors or disabled applicants)
• Two recent, identical, white, easily identifiable white photographs
• Passport or any other valid travel document or, where there is sufficient proof that the applicant has not been in a position to obtain a passport, another proof of identity
• Extract from the judicial record in the country of origin and country of origin (if the applicant has resided for more than one year)
• Permission for criminal background check
Law no. 26/2018, of July 5 (regularization of the legal status of children and young people of foreign nationality hosted by State institutions or equivalent, amending articles 123 and 124 of the Foreigners Law, in force since 06-07-2018), included, as defined in article 123, paragraph 1, b) of Law no. 23/2007, of July 4, as modified, situations of children and young persons of foreign nationality housed in a public, cooperative, social or private institution having a cooperation agreement with the State, followed by a promotion and protection procedure, pursuant to Article 58 (1) (k).
Legal framework
Article 123 Of Repsae, In Addition With Article 62 Of Rd 84/2007 As Amended
J. Article 125 - Acquiring the status of long-term resident
Necessary documents
• Two recent, identical color photographs with a white background, and easily identifiable (only for markings in Odivelas, Aveiro or Braga SEF bureau)
• Valid travel document or certified copy of the same
• Valid residence visa
• The interested party must have stable, regular and sufficient income for themselves and their families, without the need for State assistance, according to the provisions of Order 1563/2007 of 11/12.
• Evidence that the candidate has adequate accommodation
• Documentary proof of coverage by health insurance or by the National Health Service
• When applicable, a diploma or school certificate issued by a Portuguese official or officially recognized educational establishment, and attested to the successful completion of basic level studies in Portuguese, after passing a test at the Portuguese Language Assessment Center as a foreign language. as a foreign language] recognized by the Ministry of Education and Science.
• Permission for criminal background check
• Documentary evidence of absences from national territory due to work posting, in particular due to the provision of cross-border services.
• Document proving the tax status of the applicant
• Certificate of successful completion of studies issued by a Portuguese official or officially recognized educational institution
• Document proving that the applicant is registered with Social Security
• Documentary evidence of legal and continuous residence in the national territory in the five years immediately prior to the delivery of the request.
Notes
• Holders of the EU Blue Card may apply for a long residence, provided they comply with Article 121I of the Foreigners Law.
• Long-term resident status is a permanent status and holders are granted a long-term EU residence permit with a validity of at least five years and renewable.
Legal framework
Article 125, Paragraph 1 of the Repsae, Together with Article 74 of Rd 84/2007 As Amended
Payment order 1563/2007, of 11/12
K. Article 80 - Authorization for permanent residence
Necessary documents
• Application submitted in person (in standard form) signed by the applicant (if the applicant is a minor or disabled person, the form must be signed by his / her legal representative)
• Two recent identical color photographs with white background and easily identifiable (only for markings in Odivelas, Aveiro or Braga SEF bureau)
• Passport or any other valid travel document
• Proof of sufficient means of subsistence, in accordance with order number 1563/2007 of 11/12
• Evidence that the candidate has adequate accommodation
• Permission for criminal background check
• Proof of tax and social security obligations
• The applicant must hold a temporary residence permit for a minimum of five years
• Evidence of basic command of the Portuguese language, presenting:
o A certificate issued by a Portuguese official or officially recognized educational institution, or
When the candidate has attended an official or officially recognized educational institution in a country of Portuguese official language, a certificate of successful completion of studies issued by that educational institution, or
o Certificate of completion of elementary studies of Portuguese issued by the Institute of Employment and Vocational Training (IEFP) or by any other officially recognized educational institution, or
Certificate of Basic Portuguese Knowledge, through a test in Teaching Portuguese as a Foreign Language (CAPLE), recognized by the Ministry of Education and Science.
Notes
• A condition for the granting of a permanent residence permit in the five years immediately preceding the application, applicants may not have been sentenced to a deprivation of liberty individually or jointly exceeding one year in prison, even if, in the case of verdict. in the case of an intentional crime established in this legal framework, for a crime of terrorism, for a highly violent or highly organized crime, execution of the sentence has been suspended;
• Citizens holding an investment residence permit and their family members, in accordance with the requirements of Article 80 of the Foreigners' Law and wishing to obtain a permanent residence permit, must be granted a permanent residence permit for the purpose of investment, exempt from article 85), (3) and (4) (b) of the same decree (cancellation of the right to abstain from national territory, see Article 65-k of Regulatory Decree 84/07 of 5/11, as amended). The Permanent Residence Authorization for investment purposes may be subject to specific analysis and issuance rates, to be regulated by amendments to Administrative Rule 1334-E / 2010, of December 31.
Legal framework
Article 80 Of the Aliens Act, in conjunction with Articles 64 and 65-K (For Holders of Residence Permit for Investment Purposes) of Regulatory Decree No. 84/07 of 05/11, as amended
Payment order 1563/2007, of 11/12
L. Working in Portugal
Please visit the link: https://imigrante.sef.pt/en/solicitar/trabalhar/
M. Studying in Portugal
Please visit the link: https://imigrante.sef.pt/en/solicitar/estudar/
N. Special Situations
Please visit the link: https://imigrante.sef.pt/en/solicitar/especiais/
O. The right to live in Portugal of Eu / Eee / Andorra / National Switzerland and their Families
Please visit the link: https://www.sef.pt/en/Pages/conteudo-detalhe.aspx?nID=22
2. Portuguese Labor Code, or Employment Code
It's not the law. 7/2009, published in the Diário da República no. 30/2009, Series I of 2009-02-12
In Portuguese:
Subsection VI - Regulations concerning temporary work: https://dre.pt/web/guest/legislacao-consolidada/-/lc/114799007/201803190000/73523062/diploma/indice
Diploma (full text) here: https://dre.pt/web/guest/legislacao-consolidada/-/lc/34546475/view?q=c%C3%B3adigo+do+home
In English:
The Labor Code is summarized in English on the following links:
1. Useful Summary of the Labor Code: https://iclg.com/practice-areas/employment-and-labour-laws-and-regulations/portugal
2. Aicep Portugal Global - The Portuguese Labor System: http://www.portugalglobal.pt/EN/Library/Documents/PortugalSistemaLaboralIngles.pdf
3. Updated version of the Labor Code - March 2018: http://cite.gov.pt/en/legis/CodTrab_indice.html
3. EU Visa Code
This Regulation lays down the procedures and conditions for issuing visas for short-stay and transit visas in the territories of EU countries. It also lists non-EU countries whose nationals are required to hold an airport transit visa when crossing the international transit zones of EU airports and sets out the procedures and conditions for issuing such visas.
Act
Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code).
Summary
The purpose of the Regulation is to establish the conditions and procedures for the issuance of visas for short-stay visas (maximum of 90 days within a period of 180 days) and to transit through the European Union (EU) countries and associated states applying the Schengen Agreement . full. It applies to third-country nationals who must be in possession of a visa when crossing the EU's external border as listed in Regulation (EC) No 539/2001.
In addition, the Regulation lists third countries whose nationals must be in possession of an airport transit visa to cross the international transit areas of EU airports (Annex IV). In urgent cases of massive influx of illegal immigrants, any EU country may extend this requirement to nationals of other non-EU countries.
Procedures and conditions for issuing visas
The EU country which is the sole or main destination of the visit is responsible for examining the visa application. If the main destination can not be determined, the country of entry into the EU is competent. In the case of transit, the EU country through which transit takes place or, in the case of multiple transits, the country of first transit is liable. In general, the visa application must be submitted to the consulate of the EU country concerned.
EU countries may establish bilateral mutual representation agreements for the purpose of collecting visa applications or issuing visas. They can also cooperate through co-location or a common application center.
A visa application may be submitted by the applicant or an accredited commercial intermediary at least three months before the planned visit. When submitting a request, the applicant must appear in person, unless this requirement has been waived. When submitting an application, the following must be submitted:
• an application form, as set out in Annex I;
• a valid travel document;
• a photography;
• supporting documents, as set out in Annex II, as well as proof of sponsorship and / or accommodation, if requested by the EU country;
• proof of possession of travel medical insurance, if applicable.
In addition to certain exceptions, the applicant must allow the collection of their fingerprints and pay a visa fee. The visa fee may be waived or reduced in individual cases, for example, for reasons of cultural, external and development policy. An external service provider (for example, travel agency) may charge an additional service fee.
After verifying the admissibility of the application, the competent authority shall establish an application dossier in the Visa Information System (VIS), following the procedures laid down in the VIS Regulation. It carries out a more detailed examination of the application to verify that the applicant fulfills the entry conditions laid down in the Schengen Borders Code, does not pose a risk of illegal immigration or threat to the security of the country and intends the visa expires.
The decision on an admissible application must be taken within 15 days of the date of submission. In exceptional cases, this time limit can be extended. A decision is taken to issue or refuse a uniform visa (valid for the whole area covered by the Schengen Agreement) or a visa with limited territorial validity. In the case of one EU country representing another, it may decide to interrupt the examination in order to transfer the request to the relevant authorities of the EU.
A uniform visa can be issued for 1, 2 or multiple entries with a maximum validity of 5 years. For a transit visa (including an airport transit visa), the period of validity must correspond to the time required for transit. A period of 15 days of grace is usually added. In certain cases, the period of validity of a visa may be extended. Under certain circumstances, the visa may also be revoked or revoked.
A uniform visa or visa with territorial validity does not automatically provide a right of entry for the visa holder.
A visa is refused if the applicant:
• presents a false travel document;
• does not justify the purpose and conditions of the intended stay;
• does not provide proof of sufficient means of subsistence for the duration of the stay or for return to their country of origin / residence;
• has already exhausted the 3 months of the current 6-month period;
• an alert was issued in the Schengen Information System (SIS) for the purpose of refusing entry;
• is considered a threat to the public order, internal security or public health of one of the Member States;
• does not provide proof of travel medical insurance, if applicable;
• presents supporting documents or statements whose authenticity or reliability is doubtful.
The applicant shall be notified of the decision to refuse, cancel or revoke the visa using the standard form in Annex VI. Such a decision may be appealed in the country which adopted it, in accordance with its national law.
Exceptionally, the visa application may be submitted to the authority responsible for controlling persons at the external border of the EU country of destination. A visa issued at a border crossing point may allow a maximum stay of 15 days or cover the time required for transit.
Application
This Regulation amends the VIS Regulation and the Schengen Borders Code. It also repeals Articles 9 to 17 of the Convention implementing the Schengen Agreement and the Common Consular Instructions.
The Regulation shall apply from 5 April 2010. Articles 32 (2) and (3), 34 (6) and (7) and 35 (7) shall apply to from 5 April 2011.
References
Law Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 810/2009
5.10.2009 - OJ L 243, 15.9.2009
Related acts
Report from the European Commission to the European Parliament and the Council: A smarter visa policy for economic growth (COM (2014) 165 final of 1.4.2014 - not published in the Official Journal).
This report examined the extent to which the initial overall objective of the Visa Code to facilitate legitimate travel and ensure equal treatment in similar cases has been achieved without specifically assessing its effectiveness in terms of contributing to economic growth.
The conclusions of the report are addressed in the Commission's proposal to amend the Visa Code (see below).
Proposal for a Regulation of the European Parliament and of the Council on the Code of Visa of the Union (Visa Code) (COM (2014) 164 final of 1.4.2014 - not published in the Official Journal).
Link to visa code in different languages
4. Law nº 102/2017, of August 28
It is the fifth amendment to Law no. 23/2007 of 4 July, which approves the legal regime for entry, stay, exit and exit of foreigners from national territory and transposes Directives 2014/36 / EU, of February 26 and 2014/66 / EU, of 15 of May 2014, and 2016/801 of May 11, 2016.
Link to the law:
5. Additional specific legislation
Health care
See "Health Regulatory Body (ERS)": https://www.ers.pt/uploads/writer_file/document/1478/Cartaz_Estrangeiros_A3_en_novo.pdf
Visa prices
For visa inquiries, visit the website of the Embassy of Portugal in India. For visa fees, see: http://en.vfsglobal.co.in/Long_Work.html
SEF
You can find more information about its role and activities here: https://www.sef.pt/en/Pages/homepage.aspx
Who to contact if you are being exploited
In Portugal: informacoes@cnai.acm.gov Immigrant Support Line: +351 21 810 61 91 (from the mobile phone)
In Europe:
IOM: ROBrussels@iom.int
Tel: +3222877000
La Strada: info@lastradainternational.org
Tel: +31206881414
Mob.: +31614444066
