Ultimate Guide to Portugal Residence Permit : Everything You Need to Know | Farrukh Dall
(Part-1)
In this blog, I will guide you through the legal intricacies of Portuguese residence permits. I will cover various legal aspects, including the process of obtaining and maintaining a residence permit in Portugal. I encourage you to actively participate in the discussion by sharing your thoughts and questions in the comments section. Let’s begin our exploration of residence permits in Portugal!
What is a Portuguese Residence Permit?
Article 3 (x) of the Foreigners’ Law or “Lei de Estrangeiros” the Law number 23/2007, defines Residence permit as the document issued in accordance with the “rules and uniform model in force in the European Union to third-country nationals with residence permits”.
A Portuguese Residence Permit, also known as a residence card, is an official document, (with more modern security features to prevent forgery), that allows non-European Union (EU) citizens to reside in Portugal for an extended period. It grants holders the right to live, work, study, and access social security benefits in the country. Article 84 of the Foreigners Law states that the residence permit serves as the official identification document for all legal purposes. It replaces the need for any other identification document. However, the specific provisions outlined in the Treaty of Friendship, Cooperation, and Consultation between the Portuguese Republic and the Federative Republic of Brazil, signed on April 22, 2000, may apply.
Benefits of a Portuguese Residence Permit:
There are several benefits you gain as a holder of a Portugal residence permit:
- Visa-free access to the UE/EEA and SSchengen Area.
- Access to the workforce.
- Unlimited access to education.
- Access to the Portuguese healthcare system.
- Unemployment benefits (in case you lose your job).
- The option to bring over other family members.
- The option to become a Portuguese citizen.
Rights of a Resident Permit Holder:
Article 83 of the Foreigners Law outlines the rights granted to the holder of a residence permit in Portugal. The key points are as follows:
- Fundamental Rights:
The residence permit holder is entitled to certain rights without requiring special authorization as a foreigner, including:
- a) Education, teaching, and professional training, including subsidies and scholarships.
- b) Engaging in subordinate professional activities (employment).
- c) Engaging in independent professional activities (self-employment).
- d) Professional guidance, training, improvement, and recycling.
- e) Access to healthcare.
- f) Access to the law and the courts.
- Equal Treatment:
– Foreign citizens are ensured equal treatment, including in areas such as social security, tax benefits, trade union membership, recognition of diplomas, certificates, and other professional qualifications, access to goods and services available to the public, and the application of provisions granting them special rights.
Types of Residence Permits
Article 74 of the Foreigners Law classifies residence permits into two categories:
1. Temporary Resident Permit
2. Permanent Resident Permit
1. Temporary Residence Permit
This type of permit is granted to foreigners who intend to reside in Portugal for a specific period. It allows them to legally stay and engage in activities such as work, study, or family reunification during the specified timeframe. Temporary residence permits are typically issued for a fixed duration and are subject to renewal.
The temporary residence permit in Portugal encompasses several important features, which include:
i. Duration and Renewal:
– The temporary residence permit is initially valid for a period of two years from the date of issuance.
– It can be renewed for successive periods of three years each, subject to meeting the renewal requirements specified in the law.
– Renewal is necessary to maintain legal residence status in Portugal.
ii. Criminal Record Check:
– In cases where an applicant falls under the provisions mentioned in the previous point, the competent authorities will officially consult the applicant’s Portuguese criminal record.
– This step is part of the process for issuing the temporary residence permit.
iii. Renewal for Identification Element Changes:
– The temporary residence permit must be renewed whenever there are changes in the identification details recorded on the permit, ensuring that the information remains up to date and accurate.
iv. Temporary Residence Permit for CPLP Agreement:
– If the applicant is covered by the Community of Portuguese Language Countries (CPLP) Agreement and holds a short-term visa or has legally entered national territory, they can apply for a temporary residence permit for a duration exceeding 90 days but less than one year. This permit can be renewed for the same period as the initial grant.
It’s important to note that specific requirements, documentation, and procedures for obtaining and renewing a temporary residence permit may vary depending on the purpose of stay, nationality, and other factors.
General conditions for granting a temporary residence permit
Article 77 of the Foreigners Law outlines the general conditions for granting a temporary residence permit in Portugal. The key requirements are as follows:
1. Cumulative Requirements:
– The applicant must fulfill the following conditions:
a) Possession of a valid residence visa for one of the purposes specified in the law.
b) No factors that would have prevented the visa’s issuance.
c) Presence in Portuguese territory (with exceptions).
d) Possession of means of subsistence.
e) Adequate accommodation.
f) Enrollment in social security, when applicable.
g) No conviction for a crime punishable with a custodial sentence of more than one year in Portugal.
h) Not within the period of prohibition of entry and stay in Portugal following a removal measure.
i) No indication in the Schengen Information System.
j) No indication in the Integrated Information System of the Portuguese Immigration and Borders Service (SEF) for the purpose of entry refusal or return.
2. Grounds for Refusal:
– The grant of a residence permit may be refused on grounds of public policy, public security, or public health.
3. Public Health Reasons:
– Refusal based on public health reasons is limited to diseases defined by the World Health Organization or other infectious or contagious parasitic diseases subject to protection measures in Portugal.
4. Medical Examination:
– Applicants may be required to undergo a medical examination to verify their health status.
5. Consultation with Other EU Member States:
– In cases where the applicant is subject to an indication of return or entry refusal by another EU Member State, consultation procedures apply as per relevant EU regulations.
6. Exceptional Regime:
– In certain cases, the exceptional regime provided in Article 123 applies, where a reasoned proposal is prepared to justify the Portuguese State’s interest in granting or maintaining the right of residence.
These conditions, as outlined in Article 77, form the general requirements for the granting of a temporary residence permit in Portugal. Specific cases and further details may be governed by special provisions and regulations.
Renewal of a temporary residence permit
Article 78 of the Foreigners Law pertains to the renewal of a temporary residence permit in Portugal. The key points regarding the renewal process are as follows:
1. Timing:
– Interested parties must request the renewal of their temporary residence permit up to 30 days before its expiration.
2. Renewal Requirements:
– Renewal is granted to third-country nationals who:
a) Have means of subsistence as defined by regulations.
b) Have accommodation.
c) Have fulfilled tax and social security obligations.
d) Have not been convicted of penalties exceeding one year in prison, with exceptions for certain serious offenses.
3. Grounds for Non-Renewal:
– The residence permit cannot be renewed based on reasons of public order or public security.
4. Illness and Renewal:
– The emergence of illnesses after the initial permit issuance does not justify a refusal to renew the residence permit.
5. Habitual Residence Declaration:
– The residence permit is not renewed for individuals declared habitual residents, unless they can provide proof that the declaration has expired.
6. Rejection and Reporting:
– In case of application rejection, a copy of the decision with reasons must be sent to the relevant authorities.
7. Temporary Validity:
– The application receipt serves as a temporary residence permit for 60 days.
8. Simplified Procedures:
– The Portuguese Immigration and Borders Service (Sef) may establish protocols with local authorities and autonomous region bodies to facilitate and streamline the renewal application process.
2. Permanent Residence Permit
A permanent residence permit is granted to foreigners who have legally resided in Portugal portugal visa types for an extended period and meet the requirements outlined in the law. It provides long-term authorization to reside in the country without any time limitations. Foreigners holding a permanent residence permit enjoy similar rights and benefits as Portuguese citizens, including access to healthcare, social security, and the freedom to work or establish a business.
Article 76 of the Foreigners Law addresses the provisions regarding the permanent residence permit in Portugal. The key features of a permanent residence permit are as follows:
i. No Validity Limit:
– The permanent residence permit does not have a specified validity limit, meaning it allows for indefinite residency in Portugal.
ii. Renewal Requirements:
– Although there is no expiration date for the permanent residence permit, it must be renewed every five years.
– Additionally, the permit must be renewed whenever there are changes in the identification details registered on it, ensuring that the information remains accurate and up to date.
iii. Exemption from Document Submission:
– When applying for the renewal of the permanent residence permit, the holder is exempt from submitting any documents that are already part of the electronic workflow used by the Portuguese Immigration and Borders Service (SEF).
– This exemption streamlines the renewal process and eliminates the need to provide duplicate documentation.
These features, outlined in Article 76 of the Foreigners Law, highlight the permanent residence permit’s key aspects in Portugal.
These two categories of residence permits serve different purposes and are subject to specific eligibility criteria, documentation requirements, and application procedures as defined in the Immigration Law and its regulations.
Granting of a Permanent Residence Permit
Article 80 of the Foreigners Law outlines the requirements for granting a permanent residence permit in Portugal. The key points are as follows:
1. Cumulative Requirements:
– To be eligible for a permanent residence permit, foreign citizens must meet the following conditions:
a) Hold a temporary residence permit for at least five years.
b) Have no convictions exceeding one year in prison during the last five years, with exceptions for certain serious offenses.
c) Possess means of subsistence as defined by regulations.
d) Have suitable accommodation.
e) Demonstrate basic knowledge of the Portuguese language.
2. Relevance of Prior Residence:
– The period of residence prior to the implementation of this law is considered when assessing eligibility for a permanent residence permit.
These requirements, as stated in Article 80, serve as the basis for granting a permanent residence permit in Portugal.
Cancellation of the Residence Permit
Article 85 of the Foreigners Law describes the circumstances under which a residence permit may be canceled.
1. Cancellation Grounds:
– The residence permit is canceled in the following situations:
a) The holder has received a coercive removal or judicial expulsion decision from the national territory.
b) The residence permit was obtained through false information, misleading statements, falsified documents, or fraudulent means.
c) There are serious reasons to believe that the holder has committed or intends to commit serious criminal acts, especially within the territory of the European Union.
d) Reasons of public order or security require the cancellation.
2. Cancellation due to Absence:
– The residence permit may also be canceled if the holder is absent from the country without reasonable justification:
a) For temporary residence permit holders, an absence of six consecutive months or eight months in total within the permit’s validity period.
b) For permanent residence permit holders, an absence of 24 consecutive months or 30 months within a three-year period.
3. Absence Justification:
– Absences beyond the specified limits must be justified by submitting a request to the SEF (Immigration and Borders Service) before or, in exceptional cases, after leaving the national territory.
4. Exceptions for Professional or Cultural Activities:
– Residence permits are not canceled for citizens who can demonstrate that their extended absences were due to professional, business, cultural, or social activities.
5. Notification and Communication:
– The cancellation of the residence permit must be formally notified to the individual and electronically communicated to ACIDI, IP (High Commission for Migration), and the Consultative Council. It also involves confiscating the permit.
6. Authority and Delegation:
– The cancellation decision is the responsibility of the government member overseeing internal administration, who may delegate it to the national director of the SEF.
7. Right to Challenge:
– The cancellation decision can be challenged before the administrative courts, with the effect of suspending the decision until a ruling is made.
ABOUT THE WRITER
Trek Law’s founding partner, Mr. Dall, has amassed 17 years of expertise in various fields of law, including business, administrative, constitutional, and immigration law. He is currently situated in Lisbon and specializes in managing immigration affairs, particularly those related to the European Union. He is a writer, indefatigable education rights activist, politician, and founder & Chairman of Read Pakistan (the World’s largest network of literary youth).
He has also served for the Government of Pakistan as “Assistant Attorney General for Pakistan”.