Tuesday 17 July 2012

VISA TO ENTER IN PORTUGAL




VISA TO ENTER IN PORTUGAL



A British Passport
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 following types of visa are available:
1. Airport transit visa (ATV); 2. Transit visa; 3. Short-stay visa; 4. Temporary stay visa;
5. Residence visa.

WHAT IS AN AIRPORT TRANSIT VISA (ATV)?
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.

Check border in EU zone 



Yasmini Daudo
email: ydmadvogada@gmail.com
phone : 00351-218239019
Mobel: 00351-933318010




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