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2022-09-30 at 10h56

Amendments to the Law on Foreigners simplifies procedures

Minister in the Cabinet of the Prime Minister and for Parliamentary Affairs, Ana Catarina Mendes, at the discussion for the proposal to amend the scheme on foreign nationals, Parliament, 21 July 2022 (photo: Tiago Petinga/Lusa)

The regulation of the amendments to Law 23/2007 (commonly known as the Law on Foreigners) was published in the Government Official Gazette [Diário da República] and is to enter into force on 30 October 2022. 

The main amendments:

CPLP Visa applicants

The requests to grant and renew residence permits by nations of CPLP member states are waived from:

o presenting valid travel insurance 

o proof of means of subsistence

o copy of the return trip

o visa application made in-person.

Plus, the visa request has a preliminary approval and the CPLP residence visa grants the right to request CPLP residence authorisation.

Job-seeker visa

To request a job-seeker visa, the following are necessary: 

o declaration of the conditions of stay

o proof of presentation of declaration of interest to enrol with the Employment and Vocational Training Institute (IEFP)

o proof of means of subsistence equal to three-months minimum wage

This visa can be extended given the reasons that justified it being issued, if accompanied by the proof of enrolment with the IEFP and the applicant’s declaration indicating the conditions of stay remain.  

Temporary stay visa and residence permit for digital nomads

In situations of working for an employer, the request for visa must be accompanied by documents proving the tax residence and the average monthly income over the last three months, to a minimum amount equal to four minimum wages guaranteed, plus one of the following documents:

o work agreement

o promissory work agreement

o statement by the employer proving the work relation

In the case of self-employed persons, the request must contain documents attesting to the tax residence and the average monthly income over the last three months, to a minimum amount equal to four minimum wages guaranteed, plus one of the following documents: 

o Company articles of association

o Contract for the provision of services or proposed contract for the provision of services

o Document proving services rendered to one or more entities.

Temporary stay visa to accompany temporary stay visa applicant

The request must contain:

o a document proving the family tie 

o proof of stable and regular income, sufficient to meet the applicant’s needs and those of the relatives with them, for the requested period of stay or for a 12-month period, depending on which is less.

Holders of residence permits for research, study, vocational internship or volunteering 

The permits’ holders: 

o can have an occupation, whether under employment or self-employed, complementing the activity for which they requested the visa 

o can enrol with the Employment and Vocational Training Institute (IEFP).

Minors entering and exiting

Minors residing in the country who wish to exit a foreign border without being accompanied by their parents/guardians, must request a written authorisations by one of their parents or guardians, certified using any of the legally set measures.

Visas without prior opinion or consultation

The files of visas granted without a prior opinion or consultation  must be sent to the Borders and Immigration Service SEF, by email, with a clear indication of the domicile indicated on national soil.