Observation :
- Foreigners have been and continue to be the driving force behind the strong growth of the Portuguese real estate market in recent years.
- Portugal remains one of the best countries for retirees.
- Since COVID and the upheavals it caused, it has also become very popular for temporary stays by remote workers.
The legal framework for entry, stay, exit and expulsion presents interesting new features which will undoubtedly appeal to some of you.
The decree of the Assembly of the Republic, promulgated by the President of the Republic on August 4, 2022, introduces the 10th amendment to the Law on Environmental Protection. Law No. 23/2007, the Law on Foreigners, of July 4,
The new law on foreigners in Portugal was approved by the Portuguese Parliament on July 21, 2022.
What are the main new features of the new law on foreigners in Portugal?
Apart from the measures concerning the Community of Portuguese-speaking countries which benefit from a special and more favorable status, the creation of a residence and temporary stay visa for remote workers is in our opinion worthy of interest.
- Residence Visa
This type of visa allows its holder to reside in Portugal in order to work there, even remotely , for a person or company whose residence or registered office is outside the national territory.
- Temporary residence visa
This visa is granted for the duration of the stay and is valid for multiple entries into the national territory.
- Residence visa for job seekers
- The visa for " procura de trabalho " allows its holder to enter and remain in Portugal to look for work and authorizes them to engage in dependent work until the visa expires or until a residence permit is granted.
- This visa is valid for 120 days and can be extended for an additional 60 days.
- At the end of the 180-day period, if the holder has not yet signed an employment contract and applied for a residence permit , he must leave the country and is only allowed to apply for a new visa to seek employment one year after the expiry date of the previous visa.
How can the holder of this visa obtain a residence permit in Portugal?
- When the visa is obtained, the holder will have immediate access to the scheduling date on SEF (Foreigners and Border Services) in Portugal .
- If you have already formalized your employment relationship before the aforementioned appointment date and if you meet the general conditions, you can acquire a residence permit in Portugal.
- This residence permit is valid for two years from the date of issue of the residence card and is renewable for successive periods of three years.
Another major legal change , closely linked to the creation of this new type of visa, is the elimination of worker quotas in visas for the exercise of subordinate professional activity.
In addition to the creation of new types of visas, the following procedural measures should also be highlighted:
- Facilitating the process of obtaining a residence visa for studies in higher education
When an applicant is admitted to a national higher education institution, the granting of a residence visa to pursue a higher education program is now exempt from the prior opinion of the European Commission. SEF .
- The consulate consults the second generation Schengen information system (SIS II) directly and can only refuse the visa if a refusal of entry and stay is reported in the SIS II.
b) The consulate immediately notifies the SEF of the granting of the visa, and the SEF may activate police measures on the national territory, within the framework of border control, or even cancel the visa.
- Automatic assignment of a temporary TIN, NISS, and user ID as part of a residence visa application
When the residence visa is granted, a prior residence authorization is issued, containing information concerning:
- Obtaining a residence permit;
- Provisional allocation of tax and social security numbers and user number.
