YASMINI DAUDO
email: ydmadvogada@gmail.com
LAW NO. 23/2007, Of 4
JULY
REGULATION NÂș 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.
For further information
email: ydmadvogada@gmail
Immigration history and citizenship.
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