THE REQUIREMENTS TO ENTER INTO PORTUGAL

YASMINI DAUDO

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PORTUGUESE IMMIGRATION LAW

LAW NO. 23/2007, Of 4 JULY

REGULATION Nº 84/2007, OF 5 NOVEMBER

The immigration law governs the conditions and procedures for the entry, residence, exit and renewal of foreign nationals in Portuguese territory, as well as the status of long-term residents.

WHAT ARE THE REQUIREMENTS TO ENTER INTO PORTUGAL? 

To enter Portugal foreign nationals must:

1. Be holders of a valid and recognised travel document (passport). This document must be valid for a period that is at least three months more than the intended duration of stay, except in the case of a foreign national returning to his country of residence;

2. Be holders of an entry visa that is valid and appropriate to the intended purpose of the visit (the visa only gives the holder the right to present himself at a border checkpoint and request entry into the country, and does not confer an automatic right to enter Portugal);

3. Have sufficient means of subsistence during the period of stay and for travel back to the country where they are guaranteed entry.

The “means of subsistence” requirement may be dispensed with on presentation of a statement on accommodation/bearing of costs, which is signed by a Portuguese national or a foreign national with permanent residence authorization and which guarantees the means of subsistence during the stay in Portuguese territory and the reimbursement of removal expenses, in the case of illegal stay.

The acceptance of the statement on accommodation/ bearing of costs by the Foreign Nationals and Border Control Service (SEF) will depend on proof of the financial capacity of the person making the statement.

Under this law, the statement on accommodation/ bearing of costs may by itself form the basis of a claim against that person for payment of the removal expenses in case of illegal stay of the foreign national.

 

CAN I ENTER PORTUGAL WITHOUT A VISA?

Foreign nationals may enter Portugal without a visa when they are:

1. Nationals who have a valid residence permit, an extension of stay permit or, in the case of the staff of accredited embassies and consulates, that have a valid identity card issued by the Ministry of Foreign Affairs;

2. Nationals who benefit from a visa exemption under the terms of international conventions to which Portugal is a party.

CAN I BE REfUSED ENTRY INTO PORTUGAL?

Yes, your entry into Portugal may be refused if:

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 valid and appropriate to the intended purpose of the visit;

3. You have presented a travel document that is false, has been falsified, belongs to another or was illegally obtained;

4. You do not have sufficient means of subsistence;

5. You represent a danger or serious threat to public order, national safety, public health or international relations;

6. You are included in the list of persons banned from entering the country.

The decision to refuse entry into Portugal rests with the Director General of SEF.

WHAT CAN I DO ABOUT THE REfUSAL TO ALLOW ENTRY?

The decision to refuse entry may be appealed against before the Administrative Courts.

IMMIGRATION IN PORTUGAL

If I APPEAL AGAINTT THE DECISION, AM I ALLOWED TO ENTER THE COUNTRY?

Appealing against the decision has a devolutionary effect (transfers the power to make the decision to another person or body) but does not suspend the decision to refuse entry.

WHAT RIGHTS DO I HAVE AS A fOREIGN NATIONAL WHO HAS BEEN REfUSED ENTRY?

During his stay in the international area of an airport or at a temporary reception centre, the foreign national who has been refused entry into Portugal can:

- Communicate with the diplomatic or consular representative of his country or with any person of his choice;

- Use the services of an interpreter; - Have access to health care, including the services of a medical practitioner, where necessary; - Be provided with the necessary support to meet his basic needs; - Have access to the timely services of a lawyer

(paid  by himself).

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.

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Immigration history and citizenship.

PORTUGUESE CITIZENSHIP FOR ALL

PORTUGUESE CITIZENSHIP 

Portuguese nationality law is the legal set of rules that regulate access to Portuguese citizenship, which is acquired mainly through descent from a Portuguese parent ( mother, father, grandfather ), naturalisation in Portugal or marriage to a Portuguese citizen.

Overall the present Portuguese nationality law, dated from 1981, privileges Jus sanguinis, while the precedent law, of 1959, was based on the principle of Jus soli. This shift occurred in 1975 and 1981, thus basically making it difficult to access naturalization not only to first generation migrants, but also to their children and grandchildren. Only very recently, in 2006, was this situation slightly changed, but still stressing Jus sanguinis.

BIRTH IN PORTUGAL

In general a child born in Portugal to foreign parents is not entitled to Portuguese citizenship unless the parents have lived in Portugal for 5 years with valid residence permits, or if the minor has concluded the first cycle of compulsory education in Portugal.

DESCENT FROM A PORTUGUESE PARENT

A child born to a Portuguese parent is automatically a Portuguese citizen provided the parent was born in Portugal or is employed by the Portuguese state. Or, the child may be registered as a Portuguese citizen. For example, a child born in Mozambique to a Portuguese-born parent can be registered as a Portuguese citizen at the country's embassy in Maputo. Under Mozambican law, the child automatically acquires Portuguese citizenship if the other parent is Portuguese-born.

Portuguese Nationality Act Law 37/81, of 3 October Consolidated version, as amended by Organic Law 2/2006, of 17 April.

Article 6 - NATURALIZATION AS A PORTUGUESE CITIZEN

1 –The Government grants Portuguese nationality, by naturalization, to foreigners who satisfy each of the following requirements:

a) A person aged 18 or emancipated under Portuguese Law;

b) Have resided lawfully in Portuguese territory for a minimum of six years;

 c) Have sufficient knowledge of the Portuguese language;

d) Have not been convicted of a crime punishable under Portuguese Law with imprisonment up to a maximum equal to three years or more.

2 –The Government grants nationality, by naturalization, to minors, born in Portuguese territory, to foreign parents, provided that they fulfill the requirements set in sub- paragraphs c) and d) of paragraph 1 and that, at the time of the application, one of the following conditions is satisfied:

a) One of the parents has resided lawfully in Portugal for a minimum of five years;

b) The minor has concluded the first cycle of compulsory education in Portugal.

3 –The Government grants naturalization, with exemption of the requirements set in sub-paragraphs b) and c) of paragraph 1, to persons who had Portuguese nationality and who, having lost it, never acquired another nationality.

4 –The Government grants naturalization, with exemption of the requirement set in sub-paragraph b) of paragraph 1, to persons born abroad with, at least, one Portuguese ancestor in the second degree of the direct line, if he or she has not lost his or her Portuguese nationality.

PORTUGUESE CITIZENSHIP BY ADOPTION

Portuguese Nationality Act Law 37/81, of 3 October, state that the child adopted by a Portuguese citizen acquires Portuguese citizenship. Child should be under 18.

PORTUGUESE CITIZENSHIP BY MARRIAGE

Article 3 Acquisition in case of marriage or de facto union

1 –A foreigner married to a Portuguese national for more than three years may acquire Portuguese nationality by means of a declaration made during the duration of the marriage.

2 –A declaration invalidating or annulling the marriage does not impair the nationality acquired by the spouse who married in good faith.

3 –A foreigner who, at the time of the declaration, lives in a de facto union with a Portuguese national for more than three years may acquire Portuguese nationality, after judicial recognition of the status by a civil court.

Note: No formal residence period in Portugal is laid down; however, in practice, knowledge of the Portuguese language and integration into Portuguese society may be required.

DUAL CITIZENSHIP

Portugal allows dual citizenship. Hence, Portuguese citizens holding or acquiring a foreign citizenship do not lose Portuguese citizenship. Similarly, those becoming Portuguese citizens do not have to renounce their foreign citizenship.

Although Portugal allows dual citizenship, some countries, such as Japan and South Korea, do not. Thus, dual Portuguese–Japanese citizens, under Japanese nationality law, must declare to the Government of Japan whether they are going to keep their Japanese or Portuguese citizenship. A similar procedure is required for dual Portuguese–South Korean citizens, under South Korean nationality law.

OPPOSITION TO ACQUISITION OF NATIONALITY BY ACT OF WILL OR ADOPTION 

Article 9 Grounds

Grounds for opposing the acquisition of Portuguese nationality are: 

a) The lack of effective ties with the national community; 

b) The conviction of a crime punishable under Portuguese Law with

imprisonment up to a maximum equal to three years or more; 

c) The exercise of public functions without a predominantly technical nature or

the rendering of non compulsory military service in a foreign State.

Article 10 PROCEDURE 

1 –The opposition is submitted by the Public Prosecutor within one year after the fact upon which the acquisition of nationality depends in a procedure to be initiated under article 26. 2 –It is compulsory for all authorities to report the facts referred to in the preceding article to the Public Prosecutor.

CITIZENSHIP OF THE EUROPEAN UNION

Portuguese citizens are also citizens of the European Union and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament.

the balance between the past and the future ..

a country where the journey never ends

Portugal a country that never ends..

all is infinite.....






posted by :Yasmini Daudo
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WHY GOANS ARE APPLYING TO PORTUGUESE NATIONALITY

WHY GOANS ARE APPLYING TO PORTUGUESE NATIONALITY

Goa

Formerly known as the Estado da Índia this territory was an integral part of Portugal (as distinct from a colony) under Portugal's Constitution of 1910.

On 19 December 1961 India invaded and annexed the territory. The annexation was not recognized by Portugal (or the United Nations) until 1975, at which time Portugal re-established diplomatic relations with India. The recognition of Indian sovereignty over Goa was backdated to 19 December 1961.

Portuguese nationality law allows those who were Portuguese citizens connected with Goa before 1961 to retain Portuguese nationality. Acquisition of Indian citizenship was determined to be non-voluntary at the time.

One practical obstacle is that the civil records of Goa were abandoned by Portugal during the invasion and hence it can be difficult for descendants of pre-1961 Portuguese citizens from Goa to prove their status.

NOWADAYS:

According to the financial express the number of citizen from Goa, applying for the Portuguese nationality has increased steadily in the over last tree years, as said the election commission statistics.

The record available with the state office of election Commission of India, refer that as many as 1855 goans have became Portuguese nationals in the last three year and more and more goans are applying to an European passport.

The reason way so many goans are applying to a Portuguese nationality is because that it gives them entry into Europe.

Goans search for Portuguese nationality first and from Portugal they can travel to other countries like (England, United State, Canada), searching for better jobs and conditions for them and their family’s.

The Portuguese law regarding to goans citizens have changed, and make it easier for goans and their next two-generation applying for Portuguese nationality.

REQUIREMENTS TO APPLY TO PORTUGUESE NATIONALITY:

All applications for Portuguese Nationality should be submitted to the nearest Portuguese Consulate of your area.


The following documents will be necessary for the Application:



1. For those born in the Antigo Estado da India before 18th December 1961:



Birth certificate and Marriage certificate (if applicable) issued by the Conservatória do Registo Civil de Goa, Damão, Diu e Dadrá e Nagar Avelí.


 Same documents for the spouse (if applicable).


Legal Identification Documents (current passport).

If submitted in Goa:

 Valid Indian Passport or identity certificate with attached photograph issued by Mamlatdar/Sarpanch.

Other identity cards can include a ration card or a voter identity card or a driving licence.
Certificate of Residency with full address and photograph.


Certificate of Residency indicating residency between January 1974 and December 1975. If you were residing in the ex-Portuguese territories in Africa you do not qualify to apply.




2. For those born after 18th December 1961:

It will be necessary to prove that their parents were born in the Antigo Estado da India (Goa, Damão, Diu e Dadrá e Nagar Aveli) and got married there before 18th of December 1961.




Birth certificate of the parents, marriage certificate of the parents, death certificate if any of the parents is deceased, all issued by the Conservatória do Registo Civil de Goa, Damão, Diu e Dadrá e Nagar Aveli.


Birth certificate and marriage certificate (if applicable) of the individual applying.


Legal Identification Documents (current passport).

If submitted in Goa:

valid Indian Passport or identity certificate with attached photograph issued by Mamlatdar/Sarpanch.

Other identity cards can include a ration card or a voter identity card or a driving licence.


Certificate of Residency with full address and photograph.
Certificate of Residency indicating residency between January 1974 and December 1975. If you were residing in the ex-Portuguese territories in Africa you do not qualify to apply.




3. For those born after 18th December 1961 whose parents were born in the Antigo Estado da India before that date and got married after that date or got married outside the Antigo Estado da India:


It will be necessary to register their parents first or at least one of the parents according to number 1.

The Nationality Application of the individual can only be submitted after the full registration (birth and marriage certificate) of the individual's parents (or at least one of the parents) as Portuguese in the Registo Civil Português.



If the birth and the marriage certificates of the parents (or of at least one of the parents) of the individual are already registered in the Registo Civil Português, the individual just has to submit the respective references (numbers and year of the birth and marriage certificate).



Attention:

All documents written in English or any other language must be translated to Portuguese.

All documents issued in Goa must be certified by a)Public Notary,  b)Collector,

Under Secretary (Home)


All documents issued in Damão and Diu must be certified by a) Public Notary, b) Mamlatdar and Joint Secretary (Home).


All documents issued in Bombay must be certified by a) Public Notary, b) Mantralaya.


Incomplete documents or documents not following these instructions will not be accepted.


NB: These are not legal/professional translations.



This part applies to all applicants:

The reader must consult and refer to the nearest Portuguese Consulate and ask for detailed and up to date information before proceeding.


It would be better to search for professional help as well (lawyer).
 

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