Maria de Almeida Advogada| Lawyer

NEW LAW: SIMPLIFYING PROCEDURES AND INCREASING THE VALIDITY PERIOD OF DOCUMENTS

Wed, 22 Mar 2023 11:58:21 GMT

SIMPLIFYING PROCEDURES AND INCREASING THE VALIDITY PERIOD OF DOCUMENTS

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AUTHORIZATION FOR FAMILY REUNION OF CITIZENS ALREADY WITH A RESIDENCE PERMIT

Wed, 22 Mar 2023 11:53:47 GMT

AUTHORIZATION FOR FAMILY REUNION OF CITIZENS ALREADY WITH A RESIDENCE PERMIT

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CPLP CITIZENS

Wed, 22 Mar 2023 11:31:11 GMT

CITIZENS OF THE COMMUNITY OF PORTUGUESE LANGUAGE COUNTRIES (CPLP) MEMBER STATES

CITIZENS OF THE COMMUNITY OF PORTUGUESE LANGUAGE COUNTRIES (CPLP) MEMBER STATES: SHORT TERM, TEMPORARY STAY, JOB-SEEKING AND RESIDENCE VISAS

CPLP citizens benefit from greater simplification in granting visas:

i) No need to apply for a visa in person;

ii) Exemption from presenting valid travel insurance and return ticket. Exemption from proof of means of subsistence as long as they present a term of responsibility of a Portuguese citizen or foreign national residing in Portugal that guarantees their subsistence and accommodation;

iii) Preliminary granting of visa applications1 , exempting the prior decision of the Immigration and Borders Service (SEF).

The CPLP residence visa is limited to the national territory and confers the right to apply for a CPLP residence permit. Applications for granting and renewing a residence permit submitted by citizens and nationals of CPLP Member States, holders of a short-stay visa or temporary stay visa or who have legally entered Portugal, are exempt from the documents referred to in ii), requiring only the following:

i) Two identical passport photographs, in color and with a plain background, updated and in good condition of identification, if applicable;

ii) Passport or other valid travel document;

iii) Criminal record certificate issued by the competent authority of the applicant’s country of nationality or of the country in which he/she has resided for more than one year, when temporary stay and residence visas are required.

1 Unless the applicant is identified in the Second Generation Schengen Information System (SIS II) as being the subject of an alert for the purpose of return or refusal of entry and stay.

LAW ON FOREIGN NATIONALS: WHAT HAS CHANGED?

Wed, 22 Mar 2023 11:27:48 GMT

Amendment to the Law on Foreign Nationals and the respective Regulations

With the amendment to the Law on Foreign Nationals and the respective Regulations, the Government intended to establish procedures that allow attracting regulated and integrated immigration, changing the relationships between the public administration and immigrants and guaranteeing conditions for the immigrant’s integration.

Therefore, the amendments aim to:

• Promote regular, safe and orderly flows of migration and strengthen the fight against illegal immigration and human being trafficking;

• Promote mobility and freedom of movement within the CPLP space;

• Respond to the need for labor in various areas (mainly in service sectors such as construction, tourism, catering, and highly qualified activities) in order to revitalize and develop the economy (income circulation, consumption and investments);

• Combat the country’s demographic problem. MAIN CHANGES/IMPLEMENTED MEASURES

• Facilitates visas issuance for CPLP citizens;

• Created a job-seeking visa, allowing entry into Portuguese territory for third-country nationals who come looking for work, for a period of 120+60 days;

• Granting of temporary stay or residency visa to remote workers;

• End of the residency visas quota regime for subordinate work;

• Facilitates the obtaining of a residence visa by foreign students who attend higher education in Portugal;

• Provides for the possibility of granting a temporary stay or residence visa to family members of temporary stay or residence visa applicants, allowing families to enter together into national territory; and

• It simplifies procedures and increase s the period of validity of documents.

AMENDMENTS ENTER INTO FORCE ON OCTOBER 30, 2022

DIGITAL NOMADS/REMOTE WORKERS

Tue, 22 Mar 2022 08:19:08 GMT

DIGITAL NOMADS/REMOTE WORKERS

Foreign subordinate workers and independent professionals or entrepreneurs who provide professional activity remotely, to natural or legal persons domiciled or headquartered outside Portugal, may obtain a visa or residence permit for this purpose, and must demonstrate the employment relationship or the provision of services, as the case may be.

Applications for a temporary stay visa must be accompanied by:

• In subordinate work situations, by one of the following documents:

i) Employment contract or promise of employment contract;

ii) Employer’s statement proving the employment.

• In cases of independent professional activity, one of the following:

i) Partnership agreement;

ii) Service provision contract or written promise of contract;

iii) Document demonstrating services provided to one or more entities.

Residence visa applications must be accompanied by:

• In subordinate work situations, by one of the following documents:

i) Employment contract;

ii) Employer’s statement proving the employment.

• In cases of independent professional activity, one of the following:

i) Partnership agreement;

ii) Contract for services;

iii) Document demonstrating services provided to one or more entities.

Both in the case of temporary stay visas, as in the case of residence visas, documents must be presented attesting to tax residency and average monthly income in the last three months of a minimum value equivalent to four guaranteed minimum monthly wages.

ELIMINATION OF QUOTAS FOR THE ISSUANCE OF A RESIDENCE VISA TO EXERCISE A SUBORDINATED PROFESSIONAL ACTIVITY

Tue, 22 Mar 2022 08:19:08 GMT

ELIMINATION OF QUOTAS FOR THE ISSUANCE OF A RESIDENCE VISA TO EXERCISE A SUBORDINATED PROFESSIONAL ACTIVITY

The global contingent indicating employment opportunities in Portugal in the issuance of residence visas for the exercise of subordinate work was eliminated, that is, there is no longer a maximum number of vacancies per sector of activity that could be occupied in the country by foreign nationals with a subordinate work visa, and for the issuance of this visa, in addition to general conditions, it is necessary to have:

i) Employment contract or promise of employment contract; or

ii) Qualifications, competences or qualifications recognized and suitable for the exercise of one of the job offers, promoted by IEFP, I.P., on its own initiative or at the request of employers or associations and a letter of manifestation of interest by the employer.

NEW VISA FOR JOB-SEEKING

Tue, 22 Mar 2022 08:19:08 GMT

FOREIGN NATIONALS WHO WANT TO LOOK FOR WORK IN PORTUGAL: NEW VISA FOR JOB-SEEKING

Foreign nationals who want to enter Portugal to look for work can apply for a job-seeking visa. It is issued with a duration of 120 days and is limited to national territory. To apply for this visa, in addition to having the general conditions, you need:

i) Declaration of conditions of stay;

ii) Declaration of interest for registration with the IEFP, I.P., presented online, in a specific place on the IEFP, I.P. website, with identification of academic qualifications and professional experience;

iii) Proof of possession of means of subsistence equivalent to at least three minimum monthly wages.

The visa includes an appointment date with the competent services for the granting of a residence permit, within 120 days of the visa. After the establishment and formalization of the employment relationship in that period, foreign nationals have the right to apply for a residence permit to carry out a subordinate professional activity.

The visa can be extended for another 60 days, taking into account the reasons that justified its grant, if accompanied by proof of registration with the IEFP, I.P., and a declaration by the citizen indicating the maintenance of the conditions of stay.