Amendments to the regime of entry, stay, exit and expulsion of foreigners from Portugal

On the 25th August, Law no. 18/2022 was published in the Portuguese official journal, Diário da República, amending the legal regime for the entry, stay, exit and expulsion of foreigners from the national territory.

This bill aims to simplify the procedures for obtaining work and residence visas, facilitating the establishment of foreign human resources in the country.

From the innovative measures introduced by this diploma, we highlight the following:

I. Special conditions for granting visas and residence permits to nationals of Member States of the Community of Portuguese-Speaking Countries (CPLP)

In cases where the visa applicant is a national or citizen of a State where the CPLP Agreement is in force:

  • Prior evaluation from the Immigration and Borders Office (SEF) is waived;
  • The services responsible for issuing the visa can directly and immediately consult the databases of the Schengen Information System (SIS)
  • The issuance of a visa can only be refused if SIS indicates that the entry and stay of the applicant is forbidden, or if the applicant does not have parental authorization or an equivalent document, when a minor
  • Nationals and citizens of a State where the CPLP Agreement is in force, who are holders of a short-stay visa or a temporary stay visa, or who have legally entered national territory, may now apply for a CPLP residence permit in national territory at SEF

II. Establishment of new types of visas

  • To seek employment
    • Limited to national territory, this visa has a maximum duration of 120 days, extendable for another 60 days
    • Authorizes the applicant to engage in an employment relationship within the duration of the visa or until a residence permit is granted
    • If no employment relationship has been established and the subsequent process of document regularization has not yet been started until the expiration of the visa, the holder must leave the country and can only apply for a new one, for the same purpose, one year after the expiration date of the previous visa
  • For digital nomads
    • The possibility of granting a temporary stay and residence visa is being extended to entrepreneurs and/or professionals who carry out remotely their employed or self-employed activities for foreign entities
    • The applicant must demonstrate the employment or the self-employment relationship
    • The applicant is given provisional tax identification numbers, social security and national health service numbers
  • For family members of temporary stay and residence visa applicants
    • It becomes possible for the temporary stay and residence visa’s applicants to submit their application and that of family reunification simultaneously
    • The applicant is given provisional tax identification numbers, social security and national health service numbers

III. Elimination of the quota system for work permits 

IV. Extension of the validity periods of residence permits

  • Applicants covered by the CPLP agreement and nationals and citizens of CPLP countries who hold a short-stay visa or have entered Portugal legally, may apply for a temporary residence permit for more than 90 days and less than one year, renewable for an equal period
  • Temporary residence permits and residence permits issued to a family member of the holder of a permanent residence permit are valid for a period of two years as of the date of issue of the respective permit and renewable for successive periods of three years
  • The EU Blue Card is valid for two years and is renewable for successive periods of three years
  • The residence permit for investment purposes is renewable for periods of two years

V. In accordance with the law, the holder of the residence visa may exercise a professional activity while there is a pending application – for reasons that are not imputable to the applicant –, for a residence permit

This law, which comes into effect on the 26th August, aims to modernize and simplify national immigration procedures, creating mechanisms that keep pace with the current migratory reality of the country.

The information provided herein is generic and does not constitute legal advice, nor does it exempt the reader from obtaining it in a specific case.

Sara Carvalho de Oliveira | MATLAW