Report :
- Foreigners have been and are driving the strong growth of Portuguese real estate in recent years.
- Portugal remains one of the best countries for retirees.
- Since COVID and the upheavals caused by it, it has become very popular also for temporary stays by remote workers
The legal regime of entry, stay, exit and expulsion presents interesting new features which will no doubt appeal to some of you.
The decree of the Assembly of the Republic, promulgated by the President of the Republic on August 4, 2022, makes the 10th amendment to the law on environmental protection. Lei n.º 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.
Main novelties 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 a company having its residence or its registered office outside the national territory.
- Temporary stay 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 stay in Portugal to seek work and authorizes him to carry out a dependent work activity, until the expiry of the visa or until the grant of a residence permit.
- This visa is valid for 120 days and can be extended for another 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 programming date on SEF (Foreigners and Borders Services) in Portugal .
- If you have already formalized your employment relationship before the date of the aforementioned appointment 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 permit and is renewable for successive periods of three years.
Another of the main legal changes and which is closely linked to the creation of this new type of visa is the elimination of worker quotas in the visa for the exercise of a subordinate professional activity.
In addition to the creation of new types of visas, the following procedural measures should also be highlighted:
- Facilitation of obtaining a residence visa for studies in higher education
When the applicant is admitted to a national institution of higher education, the granting of a residence visa to follow a higher education program is now exempt from the prior opinion of the European Commission. SEF .
- The consulate directly consults the second generation Schengen Information System (SIS II) 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 can activate police measures on the national territory, within the framework of border control, or even cancel the visa.
- Automatic assignment of provisional TIN, NISS and user ID for a stay visa
When the residence visa is granted, a prior residence permit is issued, containing information concerning:
- Obtaining a residence permit;
- Provisional assignment of tax and social security numbers and user number.
