Friday 20 July 2012

LEGALIZATION OF FOREIGNERS CITIZENS IN PORTUGAL



LEGALIZATION OF FOREIGNERS CITIZENS IN PORTUGAL

Family Lying In Grass Field




WHO IS CONSIDERED A LEGAL RESIDENT UNDER THE CURRENT IMMIGRATION LAW?
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.



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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..

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