RESIDENCE PERMITS fOR
VICTIMS Of TRAffICKING IN PERSONS OR THE SUBJECTS Of AN ACTION TO fACILITATE
ILLEGAL IMMIGRATION
ARE THE VICTIMS Of
TRAffICKING IN PERSONS OR THE SUBJECTS Of AN ACTION TO fACILITATE ILLEGAL
IMMIGRATION ENTITLED TO A RESIDENCE PERMIT?
Yes, residence permits are issued to foreign
nationals who are or have been victims of criminal offences related to
trafficking in persons or actions to facilitate illegal immigration, even if
they have entered the country illegally or if they do not meet the conditions
for a residence permit.
UNDER WHAT
CIRCUMSTANCES Is A RESIDENCE PERMIT GRANTED TO A PERSON WHO IS, OR HAS BEEN A
VICTIM Of CRIMINAL OffENCES RELATED TO TRAffICKING IN PERSONS OR ACTIONS TO
fACILITATE ILLEGAL IMMIGRATION?
A residence permit may be granted under the
following circumstances:
1 – It is necessary to extend the stay of the
applicant in Portugal for reasons related to the con- duct of investigations
and legal proceedings;
2 – The applicant is clearly willing to
cooperate with the authorities in their investigation and suppression of this
type of criminal offence;
3 – The applicant has severed any relationship
he may have had with the alleged offenders.
A residence permit may be issued
notwithstanding the absence of the first two circumstances if justified by the
personal circumstances of the victim.
HOW DOES THE PROCESS BEGIN?
If any public authority or organization working
in the area of protection of the victims of crime considers that a foreign
national may benefit from this type of residence permit, they shall notify the
national of this entitlement and pass the information on to SEF.
Where there reasonable grounds for suspecting
that the person is a victim of the offences being investigated, SEF shall grant
the applicant some time for reflection to allow him to recover and escape the
influence of the offenders.
During this period of reflection, the authority
in charge of the investigation shall issue an opinion regarding the
satisfaction of the abovementioned conditions, so as to enable SEF to initiate
the procedure for grant of a residence permit or for an extension of the reflection
period.
Please note: The reflection period does not
give rise to the right to reside.
WHAT Is THE PERIOD Of
VALIDITY Of THIS TYPE Of RESIDENCE PERMIT?
The period of validity of this type of
residence permit is 1 year, renewable for further periods of one year provided
that the conditions that justified the grant remain.
ON WHAT GROUNDS CAN A
fOREIGN NATIONAL BE DEPORTED FROM PORTUGAL?
Foreign nationals will be deported from Portugal when:
1. They enter or remain illegally in Portuguese
territory;
2. They act against national security or public
order;
3. Their presence or activities in the country
constitute a threat to the interests or dignity of the Portuguese State or its
nationals;
4. They seriously interfere with the exercise
of the rights of Portuguese nationals to political participation;
5. They have undertaken actions which had they
been known to the Portuguese authorities, would have barred their entry into
the country.
6. There are strong reasons to believe that
they have engaged in serious criminal offences or that they intend to engage in
such offences.
WHO HAS THE POWER TO
ISSUE A DEPORTATION ORDER?
Only judicial or administrative authorities have the power to
deport a foreign national. In administrative deportation cases, the power rests
with the Director General of SEF. In judicial deportations cases, the power
rests with judicial authorities (magistrate’s courts and district courts); the
order may be issued under a separate court proceeding or as a secondary
sentence in a criminal proceeding.
WHO MAY NOT BE
DEPORTED?
The following foreign nationals may not be
deported:
a) Persons born in Portuguese territory who
have their habitual residence in Portugal;
b) Persons who have dependent children who are
minors and Portuguese nationals and residents in Portugal;
c) Parents of children who are minors, who are
nationals of a third country and legal residents in Portugal, and in respect of
which they ex- ercise parental authority and provide maintenance and education;
d) Persons who have habitually resided in Portugal
from before the age of 10.
WHAT CAN I DO If I
BELIEVE THAT THE DEPORTATION ORDER WAS UNfAIR?
You may appeal against the deportation decision
to an administrative court.
If I APPEAL AGAINST
THE DEPORTATION ORDER AM I ALLOWED TO STAY IN THE COUNTRY?
No, you are not. The appeal does not suspend
the operation of the deportation order.
TO WHICH COUNTRY WILL
THE fOREIGN NATIONAL BE DEPORTED?
In
general, foreign nationals can only be deported to their home country or to a
third country that accepts them.
However, a foreign national may not be deported
to any country where he may be persecuted for reasons that, under the law,
would confer upon him the right of asylum.
CAN I RETURN TO
PORTUGAL AfTER I HAVE BEEN DEPORTED?
In
administrative deportation cases, the foreign national is prohibited from
entering national territory for a period of not less than 5 years.
In judicial deportation cases, the time period
of the prohibition is determined by the court.
WHO IS CONSIDERED A
LEGAL RESIDENT UNDER THE CURRENT IMMIGRATIONLAW?
Under the current law, a legal resident is a
foreign national who holds a residence permit that is valid for one year or
more.
A residence permit is a document issued in
accordance with the rules and uniform format of the European Union; it is an
authorization to reside granted to third country nationals.
WHAT IS A RESIDENCE
PERMIT?
A residence permit is an official document
issued by the Portuguese authorities which allows foreign nationals to reside
in Portugal for a defined or an indefinite period of time, as the case may be.
There are two types of residence permit: temporary and permanent.
For all legal purposes, the residence permit is
regarded as the identity document of the foreign national.
The residence permit is the only identity
document that constitutes proof of the status of legal resident in Portugal.
WHAT Is A TEMPORARY
RESIDENCE PERMIT?
The temporary residence permit is the official
document which allows foreign nationals to reside in Portugal for a defined
period of time, and has the following characteristics:
1. As a general rule, it is valid for one year
from the date of issue of the permit;
2. It may be renewed for successive periods of
two years;
3. The residence permit must be reissued if
there is any change in the personal data recorded on it.
WHAT IS A PERMANENT RESIDENCE PERMIT?
The permanent residence permit is the official
document which allows foreign nationals to reside in Portugal for an indefinite
period of time, and has the following characteristics:
1. It has no expiry date;
2. The residence permit must be reissued every
five years or whenever necessary, that is, whenever any alteration to the
personal data is required.
WHAT TYPES Of
RESIDENCE PERMITS ARE THERE?
• For carrying out a professional activity as
an employee;
• For carrying out a professional activity as a
self- employed person;
• For conducting research activities or
carrying out highly-skilled work;
• For study at a secondary education institution;
• For study at a higher education institution;
•
For unpaid traineeships;
• For participation in a voluntary service scheme;
• For the purposes of family reunification.
There are also other types of residence permit:
1 – Residence permits for persons who are victims
of trafficking in persons or have been the subject of an action to facilitate
illegal immigration;
2 – Residence permits for persons who have
long-term resident status in another European Union Member State.
WHAT ARE THE
REQUIREMENTS OF A TEMPORARY RESIDENCE PERMIT?
To
be granted a temporary residence permit, the applicant must satisfy the
following general conditions, as well as other special conditions that depend
on the purpose of the permit:
1. He must hold a valid residence visa;
2. He must be on Portuguese territory;
3. Absence of any fact which, had it been known
to the authorities before the visa was issued, would have prevented the grant
of the visa;
4.
He must have sufficient means of subsistence;
5. He has accommodation;
6. He is registered with the social security office;
7. Absence of any conviction for a criminal
offence which in Portugal is punishable by a sentence of imprisonment of more
than one year;
8. He is not prohibited from entering the
country, as a result of a deportation order;
9. He is not a person in respect of whom an
alert has been issued in the Schengen Information System;
10. He is not a person in respect of whom an
alert has been issued in SEF Integrated In formation System for the purpose of
refusing entry;
The residence permit may be refused for reasons
related to public order, public safety or public health.
WHO CAN APPLY fOR A
RESIDENCE PERMIT?
The application for a residence permit may be
submitted by the applicant himself or by his legal representative, and may be
extended to minors over whom the applicant has custody.
WHAT ARE THE
REQUIREMENTS fOR A RESIDENCE PERMIT fOR CARRYING OUT A PROfESSIONAL ACTIVITY As
AN EMPLOYEE?
To be granted a temporary residence permit, and
in addition to the abovementioned general conditions, the applicant must
satisfy the following special conditions:
1 – He is the holder of an employment contract
concluded in accordance with the law;
2 – He is registered with the social security
office.
In exceptional cases, and upon proposal of the
Director General of SEF or the Minister for Home Affairs, the requirement to
hold a valid residence visa may be dispensed with, provided that, in addition
to the general conditions for the grant of a temporary residence permit, the
foreign national satisfies the following conditions:
1 – He is the holder of an employment contract
or has an employment relationship certified by a trade union, by an association
recognized by the Advisory Council for Immigration, or by the Authority for
Labour Conditions;
2 – He entered Portugal legally and he has remained
in the country, also legally;
3 – He is registered with the social security
office and has complied with all his obligations;
4 – He is registered with the tax authority.
WHAT ARE THE REQUIREMENTS fOR A RESIDENCE PERMIT
fOR CARRYING OUT A PROfESSIONAL ACTIVITY As A SELf EMPLOYED PERSON?
To
be granted a temporary residence permit, and in addition to the abovementioned
general conditions, the applicant must satisfy the following special
conditions:
1 – He has formed a company incorporated under
Portuguese law, or he has formally declared to the tax authority and the social
security office that he is working as a self-employed person, or he has
concluded a contract for services to carry out a professional activity;
2 – He is qualified to carry out a professional
activity as a self-employed person;
3 – He has sufficient means of subsistence;
4 – He is registered with the social security
office.
5 – Where required, he presents a statement by the
relevant professional association that he satisfies the requirements for
affiliation.
In exceptional cases, and upon proposal of the
Director General of SEF or the Minister for Home Affairs, the requirement to
hold a valid residence visa may be dispensed with, provided that the applicant
entered Portugal legally and has remained in the country, also legally.
I HAVE A RESIDENCE PERMIT
fOR CARRYING OUT A PROfESSIONAL ACTIVITY As A SELf EMPLOYED PERSON. CAN I WORK
AS AN EMPLOYEE?
You may, provided that:
- You have an employment contract; or
- You have an employment relationship certified
by a trade union, or by an association recognized by the Advisory Council for
Immigration (COCAI); and
- You are registered with the social security
office and have complied with all your obligations.
In this case, the residence permit will be
altered accordingly.
WHAT ARE THE
REQUIREMENTS fOR A RESIDENCE PERMIT fOR RESEARCH OR HIGHLY- SKILLED WORK OR fOR
TEACHING AT A HIGHER EDUCATION INSTITUTION?
To be granted a temporary residence permit, and
in addition to the abovementioned general conditions, the applicant must
satisfy the following special conditions:
1 – To have been selected to work at an
officially recognized research centre, under an employment contract or a
contract for services, or a research scholarship; or
2 – To have an employment contract or a contract
for services that involves either teaching at a higher education institution or
carrying out a highly-skilled activity; and
3 – To be registered with the social security
office.
The requirement to hold a valid visa may be
dispensed with where the applicant has entered Portugal legally and has
remained in the country, also legally.
Under the law, the holder of a residence permit
who has been selected to work at an officially recognized research center may
also work as a teacher.
I AM A HIGHER
EDUCATION STUDENT. WHAT ARE THE REQUIREMENTS fOR A RESIDENCE PERMIT?
To
be granted a temporary residence permit, and in addition to the abovementioned
general conditions, the applicant must satisfy the following special
conditions:
1 – He must provide evidence of the confirmation
of enrolment and payment of fees at the relevant institution;
2 – He must have sufficient means of subsistence;
3 – He must be covered by the National Health
Service or have health insurance.
The residence permit is valid for one year and
may be renewed for further periods of one year.
However, if the duration of the course of
studies is less than one year, the residence permit shall be valid only for the
period of the duration of those studies.
I AM A SECONDARY
SCHOOL STUDENT. WHAT ARE THE REQUIREMENTS fOR A RESIDENCE PERMIT?
To be granted a temporary residence permit, and
in addition to the abovementioned general conditions, the applicant must
satisfy the following special conditions:
1 – You must be enrolled at a secondary school;
2
– You must be covered by the National Health
Service or have health insurance.
The period of validity of the residence permit
may not exceed one year but it may be renewed for a further period of one year,
provided that the conditions of the grant remain.
I AM THE HOLDER Of A
RESIDENCE PERMIT fOR STUDY. AM I ALLOWED TO WORK AS AN EMPLOYEE?
Yes, you are, but only outside school hours and
with prior authorization of SEF, and provided that you have an employment
contract concluded in accordance with the law and that you are registered with
the social security office.
When the application is approved, you will be
issued with a new residence permit of the same type and with the same period of
validity as the original, and with the added mention of the work permit.
I CAME TO SPEND MY
HOLIDAYS WITH RELATIVES IN PORTUGAL. I WOULD LIKE TO STAY WITH THEM AND GO TO
UNIVERSITY HERE. CAN I DO THAT, WITH MY TOURIST VISA?
In exceptional cases, a residence permit may be
granted for study at a higher education institution, provided that you meet the
following conditions:
1 – You have entered Portugal legally and have
remained here legally;
2 – You can provide evidence of the confirmation
of enrolment and payment of fees at the relevant institution;
3 – You have sufficient means of subsistence;
4 – You are covered by the National Health Service
or have health insurance.
I AM AN UNPAID TRAINEE.
WHAT ARE THE REQUIREMENTS fOR A RESIDENCE PERMIT?
To be granted a temporary residence permit, and
in addition to the abovementioned general conditions, the applicant must
satisfy the following special conditions:
1 – You have a residence visa for an unpaid
traineeship;
2 – You are covered by the National Health Service
or have health insurance.
3 – You submit a traineeship agreement with a
company or with an approved vocational training institution, duly certified by
the Institute for Employment and Vocational Training (IEFP).
The period of validity of the residence permit
shall be the period of duration of the traineeship or a maximum of one year.
In exceptional cases, the residence permit may
be renewed only once, and strictly for the period of time necessary to obtain
an officially recognized professional qualification.
I HOLD A RESIDENCE
PERMIT fOR AN UNPAID TRAINEESHIP. CAN I WORK? No, you can’t. The holder of a residence
permit for an unpaid traineeship is not allowed to work as an employee.
I AM A VOLUNTEER. WHAT
ARE THE REQUIREMENTS fOR A REsIDENCE PERMIT?
To be granted a temporary residence permit, and
in addition to the abovementioned general conditions, the applicant must
satisfy the following special conditions:
1 – You have a residence visa for participation
in a voluntary service scheme;
2 – You are covered by the National Health Service
or have health insurance.
3 – You present the contract with the organization
that is responsible for the voluntary service scheme in Portugal, including the
following details:
a) Description of work duties and conditions;
b) Working hours;
c) Training details, if applicable.
Except for exceptional cases, the validity of
the residence permit may not exceed one year.
The residence permit is not renewable.
I HOLD A RESIDENCE
PERMIT fOR PARTICIPATION IN A VOLUNTARY SERVICE SCHEME. CAN I WORK?
No, you cannot. The holders of residence
permits for participation in a voluntary service scheme are not allowed to work
as employees.
I HAVE LONG-TERM
RESIDENT STATUS IN AN OTHER EUROPEAN UNION MEMBER STATE. WHAT ARE THE
REQUIREMENTS fOR OBTAINING A RESIDENCE PERMIT fOR PORTUGAL?
If you remain in Portuguese territory for a
period longer than 3 months, you are entitled to a residence permit provided
that you are not employed by a supplier of cross border services or are not a
supplier of cross border services, and provided that:
a) You work as an employee; or
a) You work as a self-employed person; or
c)
You attend a course of studies or a vocational training course; or
d) You present a credible reason for wanting to
reside in Portuguese territory; and
e) You have sufficient means of subsistence;
f) You have accommodation.
The application for the residence permit must
be submitted to SEF no later than 3 months after the date of entry into
Portuguese territory and must be accompanied by the documents which prove that
the applicant meets the abovementioned conditions, as well as a document that
proves the long-term resident status and a valid travel document (or certified
copies of those documents).
The decision on the application for the
residence permit shall be made within 3 months; this time limit may be extended
for a further period not exceeding 3 months if the application did not include
the aforementioned documents or if the case is unusually complex; the applicant
shall be notified of the extension of time.
If a decision is not made within six months,
the application for the residence permit shall be taken as approved.
WHAT IS THE TIME LIMIT
fOR MAKING A DECISION ON AN APPLICATION fOR A RESIDENCE PERMIT?
The decision on an application for a residence
permit shall be made within 60 days.
CAN I WORK WHILE I
WAIT fOR THE DECISION ON MY APPLICATION fOR A RESIDENCE PERMIT?
While the decision on the application for a
residence permit is pending (for reasons non-attributable to the applicant),
the holder of a residence visa may, in so far as the law allows, carry out a
professional activity connected with the specific type of residence permit.
WHAT MUST I DO TO
RENEW A TEMPORARY RESIDENCE PERMIT?
Article 63 of the implementing decree requires
that you submit a valid passport or other valid travel document and the request
for a Portuguese criminal record check by SEF. The temporary residence permit
of third-country nationals will only be renewed if the nationals:
a) Have sufficient means of subsistence;
b) Have accommodation available;
c) Have complied with all their obligations as
regards the Tax Authority and the Social Security Office;
d) Have not been sentenced to a term or terms of
imprisonment that, separately or jointly, exceed one year.
The residence permit may not be renewed for
reasons related to public order or public safety.
WHEN SHOULD I APPLY
fOR RENEWAL Of MY RESIDENCE PERMIT?
An
application for renewal of a temporary residence permit must be submitted no
later than 30 days before the expiry date of the permit.
WHAT Is THE TIME LIMIT
fOR MAKING A DECISION ON RENEWAL Of A RESIDENCE PERMIT?
The decision must be made within 30 days. The
lack of a decision within that time limit, for reasons not attributable to the
applicant, shall be taken as an approval of the application.
I AM IN PRISON. HOW
CAN I RENEW MY RESIDENCE PERMIT?
The residence permit of a foreign national who is serving a
sentence of imprisonment can only be renewed if he is not the subject of a
deportation order.
An application for renewal of an expired
residence permit will not give rise to an infringement proceeding if the
application is submitted no later than 30 days after the applicant has been
released.
WILL I BE GIVEN ANY
PROOf THAT I HAVE LODGED AN APPLICATION fOR RENEWAL Of MY RESIDENCE PERMIT?
Yes, you will be given a receipt that proves
that you have applied for renewal of your residence permit; this receipt
constitutes proof of residency, is valid for a period of 60 days and may be
renewed.
WHAT CAN I DO If MY
APPLICATION fOR A RESIDENCE PERMIT OR fOR RENEWAL Of MY RESIDENCE PERMIT Is
REfUSED?
You may appeal against the decision to the
court. You will be notified of the refusal decision as well as the reasons for
the decision, your right to appeal the decision and the deadline for making an
appeal.
The appeal shall be made to an administrative
court. The fact of an appeal does not suspend the operation of the original
decision.
Please note: The residence visa will be
cancelled if the application for a residence permit is refused.
WHO CAN APPLY fOR A
PERMANENT RESIDENCE PERMIT?
Permanent residence permits may be granted to
foreign nationals who meet all of the following conditions:
1. They have been holders of temporary residence
permits for at least five years.
2. During the last 5 years of residence in
Portugal, they have not been sentenced to a term or terms of imprisonment that,
separately or jointly, exceed one year.
3. They have sufficient means of subsistence.
4. They have accommodation available.
5. They can show that they have basic knowledge
of the Portuguese language.
DO I HAVE TO PAY fOR A
RESIDENCE PERMIT?
The application for a residence permit involves
the payment of a fee.
UNDER WHAT CONDITIONS MAY
THE RESIDENCE VISA REQUIREMENT BE DISPENSED WITH WHEN APPLYING fOR A RESIDENCE
PERMIT?
The temporary residence permit requirement may
be dispensed with in the case of foreign nationals in the following cases:
a) Minors who are children of foreign nationals,
born in Portuguese territory;
b) Minors, born in Portuguese territory, who
have been residing in Portugal and attending pre-school, primary or secondary
school, or a higher education institution, as well as their parents provided
that the latter have parental authority over them - in this case, the applications
may be submitted simultaneously;
c) Children of the holders of residence
permits, who have reached adult age and have habitually resided in Portuguese
territory from the age of 10;
d) Adults, born in Portuguese territory, who
have not left Portugal and who have remained in the country since the age of
less than 10 years;
e) Minors, subject to guardianship;
f)
Persons whose right to asylum in Portugal has ceased because the reasons for
grant of the asylum no longer apply;
g) Persons who suffer from a disease that requires
prolonged medical care and where return to the home country is unadvisable because
of the risk to the person’s health;
h) Persons who have served with the Portuguese
armed forces;
i) Persons who have lost Portuguese nationality
but who have resided in Portuguese territory during the last 15 years;
j) Persons who have not left Portuguese territory
but whose right to reside has expired;
k) Parents of children who are minors and reside
in Portugal or who have Portuguese nationality, and in respect of which they
exercise parental authority, and in respect of whom they provide maintenance
and education;
l) Members of embassies and consulates and
their respective spouses, and relatives in the ascending and descending lines
for whom they are responsible, and who have been accredited in Portugal for a
period of not less than 3 years;
m) Persons who are or have been victims of a
criminal offence or a serious or very serious infringement of an employment
relationship, such that the person finds himself in a situation involving
social deprivation, or exploitation in relation to wages and working hours, and
in respect of which there is evidence which has been certified by the Authority
for Labour Conditions, provided that those persons have reported those offences
or infringements to the relevant authorities and are willing to cooperate with
them;
n) Holders of residence permits issued to them as
victims of trafficking in persons or as the subjects of an action to facilitate
illegal immigration
o) Holders of residence permits granted to them
for study at higher or secondary education institutions, who intend to work in
Portuguese territory as employees or self-employed persons after the completion
of the course of studies;
p) Holders of temporary stay visas for research
or highly-skilled work, who intend to work in Portuguese territory as
researchers, higher education teachers or highly skilled workers, whether as
employees or self-employed persons;
q) Persons who have lost their long-term resident
status but are not subject to a deportation order.
I DO NOT MEET THE
REQUIRED CONDITIONS fOR A RESIDENCE PERMIT. Is THERE ANY OTHER WAY Of OBTAINING
SUCH A PERMIT?
Temporary residence permits may be issued to
foreign nationals who do not meet the required conditions notwithstanding that
the requirements under which the residence visa may be dispensed with do not
apply but only in exceptional cases and for national or public interest
reasons, or humanitarian reasons or public interest reasons related to the carrying
out of significant activi ties in the areas of research, culture, sports, the
economy or the social area; or for humanitarian reasons and as governed by the
right of asylum law.
This decision shall be made by the Minister for
Home Affairs on his own initiative or upon proposal by the Director General of
SEF.
UNDER WHAT
CIRCUMSTANCES MAY I LOSE MY RESIDENCE PERMIT?
In
situations where your application for renewal is refused by SEF, or where your
residence permit is cancelled.
The decision to cancel shall be made by the
Minister for Home Affairs, who may delegate this power to the Director General
of SEF. The cancellation shall be notified to the foreign national along with
the reasons for the decision, and involves the seizure of the relevant
document.
ON WHAT GROUNDS MAY MY
RESIDENCE PERMIT BE CANCELLED?
The residence permit will be cancelled in the following
situations:
1. The foreign resident is the subject of a
deportation order; or
2. The permit was issued as a result of false
or misleading declarations, forged or falsified documents, or fraud; or
3. There are strong reasons to believe that the
holder of the permit was engaged in serious criminal offences or there are
reasonable grounds for suspecting that he intends to engage in such offences;
or
4. For reasons of public order or public
safety.
In addition, a residence permit may be
cancelled if the holder of the permit leaves the country for long periods
without a valid reason, being:
1. A period of 6 consecutive months or 8 months
in total over the period of validity of the permit, in the case of holders of
temporary residence permits; or
2. A period of 24 consecutive months or 30
months in total over a period of 3 years, in the case of holders of permanent
residence permits.
An absence beyond the aforementioned limits
must be justified under a request to SEF, before the departure from Portuguese
territory, or, in exceptional cases, after the departure.
Residence permits will not be cancelled when
the holders are absent for periods longer than the prescribed limits provided
that they can prove that they were in their home countries and carrying out a
professional or entrepreneurial activity in the cultural or social area.
WHAT CAN I DO WHEN MY
RESIDENCE PERMIT IS CANCELLED?
You may appeal against the decision to an administrative
court; however, the appeal does not suspend the operation of the original
decision.
UNDER WHAT
CIRCUMSTANCES ARE THE RESIDENCE PERMITS fOR STUDY, UNPAID TRAINEESHIPS OR
PARTICIPATION IN A VOLUNTARY SERVICE SCHEME CANCELLED OR NOT RENEWED?
In addition to the abovementioned
circumstances, residence permits may be cancelled or not renewed when the
holder:
1 – Does not satisfy or ceases to satisfy the
specific conditions under which the visa or residence permit was issued; or
2 – Carries out a professional activity as an
employee when he is not allowed to work or he breaches the conditions under
which he is allowed to work; or
3 – Does not progress in his studies.
WHAT BASIC PRECAUTIONS
SHOULD I TAKE FROM THE MOMENT I BECOME A RESIDENT IN PORTUGAL?
1. Always carry your passport, residence document,
identity card or other identity document;
2. Always carry your consular card and the telephone
and fax numbers of your Embassy or Consulate, as well as their address;
3. Always carry the telephone numbers of relatives
or friends who can be contacted in the event of an emergency;
4. Do not allow the period of validity of your
passport, visa, Identity Card, residence permit, or any other document to
expire;
5. Strictly observe Portuguese law, in
particular the laws that govern matters related to foreign nationals;
6. As a resident foreign national, you must
inform the Foreign Nationals and Border Control Service of any changes to your
nationality, marital status, occupation and place of residence as well as of
any absences from the country.
WHAT Is THE SITUATION
fOR HOLDERS Of DOCUMENTS ISSUED UNDER THE PREVIOUS LAW?
The holders of work visas, authorizations to
stay, temporary stay visas and extensions of stay for carrying out a
professional activity as an employee, and study visas granted under the
previous law are under the new law, considered as holders of residence permits.
The holders of these documents must apply to
have them replaced by residence documents (residence permits), when the period
of validity expires. This action shall be regarded as an application for
renewal of the temporary residence permit or as an application for a permanent
residence permit (where the foreign nation- al has remained legally in Portugal
for at least 5 years, as a holder of one of the abovementioned documents).
However, this does not mean that foreign nationals are not required to satisfy
the requirements established by law; they must satisfy the necessary conditions
for renewal of their residence permit or permanent residence permit, as the
case may be.
BEfORE THE ENTRY INTO
fORCE Of THE NEW LAW, I APPLIED fOR AN EXTENSION Of STAY TO ALLOW ME TO CARRY
OUT A PROfESSIONAL ACTIVITY, UNDER ARTICLE 71 Of THE IMPLEMENTING DECREE No.
6/2004 Of 26 APRIL. WHAT IS MY POSITION IN RELATION TO THE NEW LAW?
These applications are converted into applications for
residence permits for carrying out a professional activity as an employee or a
self-employed person under the new law and the visa requirement is dispensed
with.
I HAVE APPLIED fOR
REGULARISATION Of MY STATUS UNDER ARTICLE 71. WHAT IS MY POSITION AfTER THE
ENTRY INTO fORCE Of THE NEW LAW?
After the entry into force of the new law,
foreign nationals eligible for regularization under article 71 of the Implementing
Decree no. 6/2004 of 26 April, are granted an extension of stay of 3 months, to
enable them to obtain an employment contract or evidence of a work
relationship, which are required for the grant of a residence permit for
working as an employee (without the visa requirement); the latter document may
be provided by a trade union, an association certified by the Advisory Council
for Immigration (COCAI) or the Authority for Labour Conditions.
I APPLIED fOR A WORK
VISA UNDER THE “LULA AGREEMENT”. WHAT IS MY POSITION IN RELATION TO THE NEW
LAW?
Applications
for work visas under article 6(2) of the Agreement between the Portuguese
Republic and the Federal Republic of Brazil of 11 July 2003, concerning the
Reciprocal Recruitment of Nationals, are
converted into applications for residence permits in which the visa requirement
may be dispensed with. This Agreement is valid until July 2008 (5 years after
entering into force).
HOW CAN I BE GRANTED
LONG-TERM RESIDENT STATUS?
Third-country nationals who reside legally in
Portuguese territory may be granted the status of long-term residents provided
that they meet the necessary conditions.
WHAT REQUIREMENTS MUST
I MEET?
a) You must be a legal resident who has been
living continuously in Portuguese territory during the five years prior to the
submission of the application;
b) You must have stable and regular resources
which are sufficient to maintain yourself and the members of your family,
without recourse to the social assistance system;
c) You must have health insurance; d) You must
have accommodation; e) You must demonstrate fluency in the Portuguese language.
WHERE DO I LODGE THE
APPLICATION?
The application should be lodged with the SEF
regional office in your area of residence.
WHAT DOCUMENTS SHOULD
I LODGE?
The application must be accompanied by the documents
that prove satisfaction of the abovementioned conditions as well as a valid
travel document or a certified copy of such document.
ARE ALL LEGAL
RESIDENTS ELIGIBLE fOR LONG- TERM RESIDENT STATUS?
No. Some foreign nationals are not eligible for
this status, namely:
- The holders of residence permits for study,
un- paid traineeship or voluntary service;
- Persons authorized to reside under temporary
protection or who have applied for a residence permit on that basis and are
waiting for a decision on their status;
- Persons authorized to reside under a form of
subsidiary protection or who have applied for a residence permit for
humanitarian reasons and are waiting for a decision on their status;
- Refugees or persons who have applied for asylum
and are awaiting a final decision;
- Persons interested in being in Portugal for
temporary periods only.
UNDER WHAT CIRCUMSTANCES
MAY THE STATUS BE REfUSED?
This status may be refused for reasons of public order or
public safety, taking into consideration the seriousness and nature of the
offence against public order or public safety, and the harm that may result
from that person remaining on Portuguese territory.
WHO HAS THE POWER TO
GRANT OR REfUSE THE LONG-TERM RESIDENT STATUS?
The decision to refuse or grant the status of
long-term resident rests with the Director General of SEF.
WHAT IS THE TIME LIMIT
fOR MAKING A DECISION?
The decision shall be made as soon as possible
and at the maximum within six months, and the applicant shall be notified in
writing.
CAN THIS TIME LIMIT BE
EXTENDED?
Yes. This time limit may be extended for a
further period of 3 months if the case is unusually complex. The applicant
shall be notified of the extension of time.
WHAT HAPPENS If SEf
DOES MAKE A DECISION ON MY APPLICATION WITHIN 9 MONTHS?
The lack of a decision within the time limit of 9 months
shall be taken as an approval of the request. If the conditions have been
satisfied and the applicant does not represent a serious threat to public order
or public safety, the long-term resident status will be granted.
WHAT TYPE Of DOCUMENT
WILL BE ISSUED?
Long-term residents will be issued with an EC
long-term residence document.
WHAT IS THE PERIOD Of
VALIDITY Of THE EC DOCUMENT?
The EC long-term residence document has a minimum period of
validity of five years, and is automatically renewed upon request at the end of
the period of validity.
WHAT RIGHTS ARISE fROM
THE LONG-TERM RESIDENT STATUS?
Persons with that status have the same rights
as Portuguese nationals, namely as regards:
- Access to professional work as a
self-employed person or employee;
- Access to the employment and work conditions
established by law, including dismissal and payment conditions;
- Access to education and vocational training;
- Recognition of professional diplomas, certificates
and other evidence of formal qualifications;
- Access to social security, social welfare and
social protection services;
- Tax exemptions or reductions;
- Access to health care;
- Freedom to move freely within the whole of Portuguese
territory.
ON WHAT GROUNDS MAY I
LOSE THE LONG-TERM RESIDENT STATUS?
Long-term residents shall lose the long-term resident status
in the following cases:
a) Fraudulent acquisition of the long-term
resi- dent status;
b) Adoption of a judicial deportation measure;
c) In the event of absence from the European
Union territory for a period of 12 consecutive months;
d)
Acquisition of the long-term resident status in another Member State;
e)
In the event of absence from Portuguese territory for a period of 6 consecutive
years.
When justified by specific or exceptional
reasons, the absences from European Union territory or from Portuguese
territory do not give rise to loss of the long-term resident status.
WHO HAS THE POWER TO
CANCEL MY RESIDENCE PERMIT?
The power to cancel the residence permit of a
long-term resident rests with the Minister for Home Affairs, who may delegate
this power to Director General of SEF.
WHAT CAN I DO If MY APPLICATION
Is DENIED OR If I LOSE MY STATUS?
You can appeal the decision to an
administrative court, and the operation of the decision will be suspended.
Posted by :
For further information contact:
Yasmini Daudo
email: ydmadvogada@gmail.com
skype : pgclawyers.pgclawyers
Phone : 00351-218239019
An interview about how positive is legalize immigrants , this apply to every country in the world , not only USA , that its a good example to be considered..
IN WISH CASE MAY I NOT
BE DENIED ENTRY INTO PORTUGAL?
Entry into Portugal cannot be denied to foreign
nation also who:
a) Were born in Portuguese territory and who
have their normal residence in Portugal;
b) Have dependent children who are minors and
Portuguese nationals, and in respect of which they exercise parental authority,
and for whom they provide maintenance and education;
c) Have dependent children who are minors, nationals
of a third country and legal residents in Portugal, and in respect of which
they exercise parental authority and for whom they provide maintenance and
education.
WHAT TYPES Of VISA ARE
THERE?
Visas are either issued abroad or at border
checkpoints.
WHAT TYPES Of VISA ARE
ISSUED ABROAD?
Portuguese embassies and consular posts can
issue several types of visa. Each visa has a different purpose, a period of
validity and grants temporary stay in the country only for the purpose for
which it was granted.
The ATV is issued for international travel
connections, and allows the holder to pass through an airport or port, but only
gives access to the international area of the airport or seaport.
The visa application shall be accompanied by
the following:
- A copy of the ticket to the country of final
destination;
- Proof that the passenger holds a valid entry
visa for that country, where such a visa is required.
WHAT IS A TRANSIT
VISA?
This visa allows entry into Portugal to a
citizen of a third country en route to another country which has granted him
entry.
This visa may be granted for one or more
entries, but the period of each transit may not exceed five days.
IMMIGRATION IN
PORTUGAL
The visa application shall be accompanied by
the following:
- A copy of the ticket to the country of final
destination;
- Proof that the passenger holds a valid entry
visa for that country, where such a visa is required;
- Proof that the passenger has sufficient means
of subsistence, both for the period of stay and for travel back to the country
where he is guaranteed entry.
WHAT IS A SHORT STAY
VISA?
This visa allows the holder to enter Portugal
for reasons that are acceptable to the relevant authorities but which do not
justify the grant of another type of visa.
This visa may be valid for a period of up to
one year (period of use of the visa) but only allows short stays in Portugal
for periods not exceeding 3 months in any half-year.
WHAT ARE THE
REQUIREMENTS OF A SHORT STAY VISA?
Short stay visas are granted only to
third-country nationals who meet the following conditions:
1. Have not been subjected to an order to leave
the country and where the period of prohibition of entry into Portuguese
territory is still running;
2. Are not persons in respect of whom an alert
has been issued by any of the Contracting Parties in the Schengen Information
System for the purpose of refusing entry;
3. Are not persons in respect of whom an alert
has been issued in SEF Integrated Information System for the purpose of
refusing entry;
4. Have sufficient means of subsistence;
5. Are holders of a valid travel documents;
6.
Have travel insurance;
7. Have a ticket that ensures their return
travel.
The visa application shall be accompanied by
the following:
- Proof as to the purpose of the stay;
- Proof as to the means of subsistence during the
stay.
1. Medical treatment at official or officially
recognised health care institutions;
2. Allowing nationals of member states of the
World Trade Organization to carry out service provision or vocational training
actions in other states
3. Carrying out a professional activity as an
employee or as a self-employed person, on a temporary basis;
4. Conducting scientific research, teaching at
a higher education institution or carrying out highly-skilled work;
5. Practice of an amateur sport activity, if
certified by the relevant federation;
6. Stays longer than three months, in special
cases and where duly substantiated;
7. Accompanying family members who enter the
country to receive medical treatment at official or officially recognised health
care institutions.
This visa is valid for 3 months except in cases
of temporary professional activities where it is valid for the period of the
work contract.
WHAT ARE THE REQUIREMENTS
OF A TEMPORARY STAY VISA?
In addition to the special requirements that
apply to each type of visa, temporary stay visas are granted only to
third-country nationals who meet the following conditions:
1. Have not been subjected to an order to leave
the country and where the period of prohibition of entry into Portuguese
territory is still running;
2. Are not persons in respect of whom an alert
has been issued by any of the Contracting Parties in the Schengen Information
System for the purpose of refusing entry;
3. Are not persons in respect of which an alert
has been issued in SEF Integrated Information System for the purpose of
refusing entry;
4. Have sufficient means of subsistence;
5. Are holders of a valid travel document;
6. Have travel insurance;
7. Have a ticket that ensures their return
travel.
IN ADDITION TO THE
GENERAL REQUIREMENTS, WHAT OTHER REQUIREMENTS MUST I MEET?
Depending on the purpose of the temporary stay
visa, you must satisfy the following specific conditions:
Temporary stay visa for medical treatment at
official or officially recognised health care institutions The application must
be accompanied by a medical re- port and by a supporting document that
establishes the applicant’s admission to or outpatient treatment at an official
or officially recognised health care institution.
Temporary stay visas for transfers of nationals
of member States of the World Trade Organization (WTO) Temporary stay visas are
granted to nationals of WTO member States to allow them to carry out service
provision or vocational training actions in Portuguese territory, provided that
they meet the following requirements:
1. As regards companies:
The foreign national must be transferred to a
branch of the same company or group of companies, and the branch located in
Portuguese territory must provide services equivalent to those provided by the
branch in the country from which the national is transferred.
2. As regards workers:
The transfer must concern partners or employees
who have been working for the company for at least one year at the branch
located in the other member State of the World Trade Organization, and these
workers must satisfy the following conditions:
- They are senior executives of the company and
branch or department managers, working under the Management Board;
- They have specific technical knowledge that
is essential to the development or management of the activity, the research
equipment, and the processes involved;
- They are due to receive vocational training
at the branch located in Portuguese territory.
Temporary stay visas for the purposes of
carrying out a professional activity, as an employee or as a self-employed
person, on a temporary basis Temporary stay visas may be granted to
third-country nationals who want to carry out a professional activity in
Portugal, as employees or as self-employed persons, on a temporary basis,
provided that:
a) They hold or have been promised an employment
contract to carry out a professional activity as an employee, on a temporary
basis; or
b) They hold a partnership agreement or a contract
for services to carry out a professional activity as a self-employed person, on
a temporary basis;
c) Where applicable, they have a statement from
the relevant authority that certifies the existence of the special skills
necessary for the practice of that professional activity in Portugal;
d) They have a statement issued by the IEFP to
the effect that the actual or promised contract is for a job offer available to
third-country nationals.
HOW DOES THIS
PROCEDURE WORK?
- The IEFP evaluates the offers for temporary
appointments submitted by employers;
- That entity published the offers on a
specific page of its Internet site, 30 days after the offers were submitted;
- The embassies and consular posts access the
information on the IEFP Internet site and publish the job offers in specific
sites and via the diplomatic channels, on the appropriate services of the third
country;
- The third-country nationals who want to apply
for the temporary job send the application to the employer at their address;
- After making their selection, the employers
notify the successful candidate directly and send him the necessary
documentation;
- The worker may then apply for a visa at the
consular post.
Temporary stay visas for researchers, teachers
and highly-skilled workers Temporary stay visas may be granted to third-country
nationals who are researchers, higher education teachers or highly-skilled
workers, and who want to work in Portugal for a period of less than twelve
months, provided that:
1- As regards researchers:
They have been selected to work in a research
centre recognised by the Ministry of Science, Technology and Higher Education,
namely through:
a) An actual or promised employment contract;
or
b) A contract for services, actual or proposed;
or
c) A scientific research scholarship.
2 – As regards higher education teachers or
highly- skilled workers:
a) An actual or promised employment contract; or
b) An actual contract for services or a written
proposal to that effect.
Temporary stay visa for practice of amateur
sport activities Temporary stay visas may be granted to third-country nationals
who want to practice an amateur sport in Portugal, provided the activity has
been certified by the relevant federation and provided the club or sports association
bears the costs of accommodation and health care.
The application shall be accompanied by the
following:
- A document issued by the relevant Federation
that confirms the practice of the sport;
- A statement by the sports association or
club, which declares itself responsible for payment of accommodation, health
care and repatriation expenses.
Temporary stay visas –
exceptional cases
Temporary stay visas may be granted to
third-country nationals who need to stay in Portugal for periods of more than 3
months, in exceptional cases and where duly substantiated.
The application shall be accompanied by
evidence of the exceptional circumstances.
Temporary stay visa for accompanying family members
who enter to receive medical treatment The application shall be accompanied by
a document that proves the family relationship. For the purposes of this type
of visa, the following persons are considered to be family members: the spouse,
legal or de facto, relatives in the ascending line, children or persons with a
blood relationship; and where the person seeking the visa is a minor or disabled
and there are no family members, the person who has custody or relatives of this
person.
WHAT IS A RESIDENCE
VISA?
This visa allows the holder to enter Portugal
for the purposes of applying for a residence permit.
This visa allows the holder to stay in Portugal
for 4 months so that he may lodge an application for a residence permit at the
SEF.
As a general rule, the time for making the
decision on the visa application is 60 days.
If I HAVE A RESIDENCE
VISA, AM I CONSIDERED A RESIDENT?
No, you are not. The holder of a residence visa
is not a resident, he is only authorised to apply for a residence permit.
I AM THE HOLDER Of A
RESIDENCE VISA. CAN I BE REfUSED PERMISSION TO RESIDE IN PORTUGAL?
Yes. The fact that you have a residence visa
does not make it mandatory for SEF to grant you a residence permit. You have to
meet other requirements.
HOW MANY TYPES Of
RESIDENCE VISA ARE THERE?
There are 6 types of residence visa, depending
on the purpose of the request:
1. Residence visa for carrying out a
professional activity as an employee;
2. Residence visa for carrying out a professional
activity as a self-employed person or for im- migrant entrepreneurs;
3. Residence visa for researchers or
highly-skilled workers;
4. Residence visa for study, student exchange,
traineeship or voluntary service;
5. Residence visa to facilitate the mobility of
tertiary students;
6. Residence visa for the purposes of family
reunification.
WHAT ARE THE GENERAL
REQUIREMENTS OF A RESIDENCE VISA?
In
addition to the special requirements that apply to each type of visa, residence
visas are granted only to third country nationals who satisfy the following
conditions:
1. Have not been subjected to an order to leave
the country and where the period of prohibition of entry into Portuguese
territory is still running;
2. Are not persons in respect of whom an alert
has been issued by any of the Contracting Par- ties in the Schengen Information
System for the purpose of refusing entry;
3. Are not persons in respect of whom an alert
has been issued in SEF Integrated Information System for the purpose of
refusing entry;
4. Have sufficient means of subsistence;
5. Are holders of a valid travel documents;
6. Have travel insurance;
7. Have a ticket that ensures their return
travel.
WHAT ARE THE SPECIfIC
REQUIREMENTS THAT APPLY TO A RESIDENCE VISA fOR CARRYING OUT A PROfESSIONAL
ACTIVITY AS AN EMPLOYEE?
In addition to the abovementioned general
requirements, you must also satisfy the following:
a) To be the holder of an actual or promised employment
contract; or
b) To have qualifications, competencies and
skills that are recognised and appropriate to the practice of the activity, and
to have received a specific expression of interest from the employer.
I WOULD LIKE TO WORK
IN PORTUGAL. WHAT SHOULD I DO TO OBTAIN A RESIDENCE VISA fOR EXERCISING A
PROfESSIONAL ACTIVITY As AN EMPLOYEE?
This type of visa is granted in circumstances
where job opportunities exist but have not been taken up by: Portuguese
nationals, or nationals of European Union Member States or of the European
Economic Area, or nationals of third countries with whom the European Community
has an agreement on the free movement of persons, as well as workers who are
third-country nationals and legal residents in Portugal.
For this purpose, the Government sets an annual
overall quota of job opportunities, from which it may exclude those sectors or
activities where labour is not needed.
The Institute for Employment and Vocational
Training (IEFP) maintains an up-to-date information system accessible via the
Internet that advertises the available job offers; these are also passed on to
the Portuguese embassies and consular posts.
The embassies and consular posts access the
information on the IEFP Internet site and published the job offers in specific
sites and via the diplomatic channels, on the appropriate services of the third
country.
The third-country nationals who want to apply
for a job send the application to the employer at their address.
The employer then sends the successful
candidate the actual employment contract or a promise to contract, as well as a
statement issued by the IEFP to the effect that the job offer is included in
the quota and was not taken by a worker who benefits from preferential status.
WHAT ARE THE
REQUIREMENTS fOR A RESIDENCE VISA TO EXERCISING A PROfESSIONAL ACTIVITY AS A
SELf EMPLOYED PERSON, AND fOR IMMIGRANT ENTREPRENEURS?
1. Visas for obtaining residence permits may be
granted to third-country nationals who want to carry out professional
activities as self-employed workers, provided they meet the following
requirements:
a) They hold a partnership agreement or a
contract for services, or a written pro- posal for such a contract;
c) They hold a statement from the relevant
authority that certifies compliance with any special criteria required for
practice of a professional activity (where applicable);
2. Immigrant entrepreneurs who want to make
investments in Portugal may be granted a residence visa, provided that:
a) They make a statement to the effect that
they have conducted or intend to conduct investment activities in Portugal,
specifying the nature, value and duration of those activities; and
b) They have evidence that they have conducted
investment activities; or
c) Evidence that they have the necessary
financial means, including funds obtained from a Portuguese financial
institution, and that they intend to conduct investment activities in Portugal,
which activities have been sufficiently identified and described.
The visa request will be evaluated taking into
account the economic, social, scientific, technological and/or cultural importance
of the investment.
WHAT ARE THE
REQUIREMENTS fOR A RESIDENCE VISA fOR RESEARCH OR HIGHLY SKILLED WORK OR fOR
TEACHING AT A HIGHER EDUCATION INSTITUTION?
A residence visa for research will be granted
to third- country nationals, provided that:
They are selected to work at a research centre
recognised by the Ministry of Science, Technology and Higher Education, as
demonstrated by:
a) An actual or promised employment contract;
or
b) A contract for services, or a written
proposal for such a contract; or
c) A scientific research scholarship.
Residence visas are granted to third-country
nationals for teaching at a tertiary institution or carrying out highly skilled
work, provided that they have:
a) An actual or promised employment contract;
or
b) An actual contract for services or a written
proposal to that effect.
The granting of visas to highly skilled workers
must be previously approved by the MCTES in cases where questions arise in
relation to the classification of the activity requiring highly skilled work.
The time period for making a decision on the
visa application is 20 days, after which the lack of a decision shall be read
as an approval.
WHAT ARE THE
REQUIREMENTS fOR A RESIDENCE VISA fOR STUDY, STUDENT EXCHANGE, TRAINEESHIP OR
VOLUNTARY SERVICE?
Visas for obtaining residence permits for the
above mentioned purposes are granted to third-country nationals, provided that:
Higher education
a) They hold a travel document that is valid
for the intended duration of the stay or longer;
b) They have the consent of the person who has
parental authority over them, in the case of minors;
c) They satisfy the admission requirements for
entry into a higher education institution.
Secondary Education
a) They hold a travel document that is valid
for the intended duration of the stay or longer;
b)
They have the consent of the person who has parental authority over them, in
the case of minors;
c)
They meet the minimum and maximum age requirements as set by regulation;
d)
They have been admitted to a secondary education institution;
e) For the duration of the stay, they are to be
hosted by a family that satisfies the conditions established by the exchange
program, or they have otherwise ensured their accommodation.
Unpaid Placement
a) They hold a travel document that is valid
for the intended duration of the stay or longer;
b) They have the consent of the person who has
parental authority over them, in the case of minors;
c) They have been accepted into an enterprise
as unpaid trainees or into an approved vocational training organization.
Participation in a Voluntary Service Scheme
a) They meet the minimum age requirement
(established by regulation);
b) They have a placement with a voluntary
service organization in Portugal, being an officially recognised organization.
WHAT ARE THE
REQUIREMENTS OF A RESIDENCE VISA TO ALLOW THE MOBILITY Of STUDENTS?
You must be a third-country national, have
residence as a tertiary student in a European Union Member State, and apply to
continue a course of study commenced in another country or to undertake a
related course of study, in Portugal.
The application must be accompanied by the
following documents:
– A travel document valid for the intended period
of stay;
– The written consent of the person(s) who has
parental authority over them (in the case of minors);
– Evidence that they satisfy the admission requirements
for entry into a higher education institution;
– Evidence of participation in a Community or
bilateral exchange program, or of acceptance as a student in a European Union
Member State for a period of not less than 2 years.
The time limit for granting this visa cannot
exceed 60 days.
WHAT ARE THE
REQUIREMENTS OF A RESIDENCE VISA fOR THE PURPOSES Of fAMILY REUNIfICATION?
The grant of this residence visa follows from the
approval of the family reunification request submitted by the applicant to the
SEF services in his area of residence (the request must be accompanied by the
documentation required by law).
I ARRIVED IN PORTUGAL
WITHOUT A VISA. WHAT SHOULD I DO?
The Director-General of SEF can issue the
following types of visa at border checkpoints:
1. Transit visa;
2. Short stay visa;
3.
Special visa.
WHAT IS A SPECIAL VISA?
The Minister for Home Affairs may, by
administrative order, issue a visa allowing entry and temporary stay in the
country to foreign nationals who do not meet all the legal requirements, on
humanitarian grounds or public interest grounds.
I AM A RELATIVE Of A
PORTUGUESE NATIONAL. DO I HAVE TO MEET ALL THE ABOVE REQUIREMENTS TO ENTER
PORTUGAL?
Foreign
nationals who are relatives of Portuguese nationals have the same rights as
relatives of other European Union nationals as provided for by Law no. 37/2006,
of 9 August (you can find this law at www.acidi.gov.pt).
CAN MY ENTRY VISA TO
PORTUGAL BE CANCELLED?
Yes. The visa can be cancelled by the issuing entity abroad
or by the SEF in Portugal.
ON WHAT GROUNDS CAN MY
ENTRY VISA BE DECLARED VOID?
The visa can be declared void when an alert is
issued in the Schengen Information System or in SEF Integrated Information
System for refusing entry to the holder, or where the holder makes false
declarations in the application for the visa.
CAN I BE REfUSED ENTRY
INTO PORTUGAL?
Your entry into Portugal may be refused on the
following grounds:
1. You are not the holder of a valid and recognised
travel document (passport);
2. You are not the holder of a visa that is
both valid and appropriate to the intended purpose of the visit;
3. You do not have sufficient means of subsistence;
4. You represent a danger or serious threat to
public order, national safety, public health or international relations;
5. You are a person in respect of whom an alert
has been issued in the Schengen Information System or in SEF Integrated Information
Sys- tem for the purpose of refusing entry.
The decision to refuse entry into Portugal
rests with the Director General of SEF.
UNDER WHAT
CIRCUMSTANCES Is AN ALERT ISSUED OF THE PURPOSE Of REfUSING ENTRY TO A fOREIGN
NATIONAL?
Alerts are issued in SEF Integrated Information
System for the purpose of refusing entry to foreign nationals:
a) Who have been deported from Portugal;
b) Who have been returned to another country under
a readmission agreement;
c) When there are strong grounds for suspecting
that they have committed serious criminal offences;
d) When there are strong grounds for suspecting
that they intend to commit serious criminal offences, or that they represent a
threat to public order, national safety or international relations;
e) Who have been taken back to the border.
Alerts are also issued, during a period of 3
years after the person has left the country, in relation to persons who have
received assistance for voluntary return; the alerts may be removed if the
persons repay the amounts received together with interest at the rate set by
law.
For the purpose of refusing entry, alerts may
be issued in relation to foreign nationals who have been definitively sentenced
to at least one year’s imprisonment, irrespective of whether the sentence was served,
or there were other sentences for the same penalty, even if the sentence was
suspended. The Director-general of SEF is responsible for issuing alerts for
foreign nationals on the Schengen Information System or on SEF Integrated
Information System for the purpose of refusing their entry.
CAN MY ENTRY VISA TO
PORTUGAL BE CANCELLED?
The visa may be cancelled where one of the following applies:
1. When the holder does not meet or has ceased
to meet the conditions under which the visa was granted;
2. When the visa has been issued as a result of
false declarations, or the use of fraudulent means, or false statements about
the reasons for entering the country;
3. When the holder has been notified of a deportation
order.
Residence visas and temporary stay visas may be
cancelled where the holders leave the country for more than 60 days, during the
period of validity of the visas, without a valid reason.
The residence visa will be cancelled when the
application for a residence permit is dismissed.
The decision to cancel a visa, after entry into
Portugal, is the responsibility of the Minister for Home Affairs, who may
delegate this responsibility to the Director-general of SEF.
THE PERIOD Of VALIDITY
Of MY VISA HAS EXPIRED. WHAT SHOULD I DO TO REMAIN IN PORTUGAL?
If you want to remain in Portugal beyond the
period of validity of your visa, you can ask the Director General of SEF for an
extension of your stay; the extension will be granted only if the conditions
under which you entered Portugal remain the same (except in duly substantiated
cases).
Please note: Without prejudice to the sanctions
provided by law and except for exceptional circumstances, applications for
extension of the stay will not be considered when they are submitted 30 days or
more after the expiry date of the authorised stay.
ARE THERE LIMITS TO
THE EXTENSION Of MY STAY?
An extension of stay will only be granted for a
limited period of time, which varies according to the type of visa. An
extension of stay may be granted for:
1. A period of up to 5 days, in the case of a
transit visa;
2. A period of up to 60 days, in the case of a
special visa;
3. A period of up to 90 days, if the applicant
holds a residence visa;
4. A period of up to 90 days, renewable for a
further 90 days, in the case of a short stay visa or where a visa is not
required;
5. A period of up to 12 months, renewable for a
further 12 months, if the applicant holds a temporary stay visa, except where
such visa was granted for carrying out a professional activity, on a temporary
basis, in which case the renewal will be for a maximum period of 90 days.
AND WHAT ABOUT MY
RELATIVES?
An extension of stay for the relatives of a
holder of a temporary stay visa will only be considered under exceptional
circumstances, which arose following the legal entry into Portugal; however,
the validity and period ofthe extension may not exceed the validity and period
of the original visa granted to the relatives.
