How to get legal in Portugal

Expatriates in a foreign country have a natural interest in having their legal stay in order to enjoy life in peace. However, we know that this isn’t always an immediate reality for many immigrants. As we believe in second chances, we’ve come up with this guide for immigrants to get legal in Portugal.

 Portugal is a great country to live in, with excellent living conditions. The good news is that there are many ways for foreigners to legally reside in Portugal, even arriving in the country without complying with its rules.

In this article, we will cover some ways to regularize foreign citizens who are already residing in Portugal. Follow up and know more about residency visas and residence permits, as well as the Immigration Services in the country.

Before starting, let me emphasize that immigrants should always apply for a visa before moving to Portugal. If the intention is to reside in Portugal, a residence-type visa must be requested before arriving in Portugal. This is mandatory.

Citizen situation: when you need to get legal in Portugal

To begin with, you should know that irregular and illegal are different things. When someone fails to comply with the residency rules in a country, they can be in either one of these situations. In this article, however, we will consider that both terms are related to non-complying with the rules in Portugal.

Illegal

According to article 181 of the Foreigners Law, the entry of foreign nationals into Portuguese territory is considered illegal when in violation of the articles:

n. 6 (that regulates border control)n. 9 (that regulates travel documents)n. 10 (that regulates entry without a visa)n. 32 (that presents requirements for arriving in Portugal)

Irregular

We can thus exemplify some situations of citizens who are in an irregular situation:

The citizen travels to Portugal on a tourist visa and does not return to the country of origin before the end of the visa period.

A person who travels to Portugal on a tourist visa and pursues a professional activity with no work permit.

The citizen arrives in Portugal by land, does not pass through Portuguese border control and does not inform the Foreigners and Borders Service (SEF) that he/she has arrived in this country. In addition to these, there are many other ways for citizens to live in Portugal irregularly or, also, to arrive in Portugal legally and subsequently move to an irregular situation.

Why would anyone be in Portugal illegally?

The answer is simple, it seems to be the easy way in. Obtaining a visa to enter and reside in Portugal can be difficult, costly, and time-consuming. Besides, entering or staying in Portugal irregularly is risky, but it’s also easy, cheap, and fast.

However, choosing the easy way has also the most serious consequences. In this case, staying in Portugal illegally may entail warnings, fines, and even deportation to the country of origin.

But keep in mind that Portugal has some procedures in order to regularize citizens who are illegal in this country.

Visas to Portugal

The right way to enter and stay in Portugal is usually through a visa procedure. In this case, anyone who doesn’t have the nationality of some country in the European Union needs a visa. Unless they are married or dependent on an EU citizen.

As explained in the article All About Visas in Portugal, the applicant may choose to apply for any of the existing visas, e.g. the D1, D2, E1, D4, E2, D7 Visa.

Yes, there are many acronyms for different visas. They each represent a reason why you are allowed to live in Portugal. Be it related to work, study or retirement.

Thus, each visa has, for example, its rules regarding:

Deadline for arriving in Portugal

Period of stay

Possibility to exercise a professional activity

The chance to develop a business

Possibility to study

In this sense, entering Portugal without a visa or failing to comply with its conditions may turn the citizen into an irregular situation.

Residence permit

If your migratory situation is irregular, you will not be able to request the issuance, or renewal, of the Portuguese Residence Permit. That is the most important document for everyday life in Portugal.

Your regularization aims, precisely, to allow the issuance of a valid residence permit. Why? Because it allows you to carry out daily activities, such as signing contracts, purchasing a property, working regularly, and so on. It also guarantees you much peace of mind.

Regularization through the Expression of Interest

We will start with the analysis of the most common regularization process applicable when the citizen is already in Portugal: the Expression of Interest (EI) procedure.

The Expression of Interest (EI), or Manifestação de Interesse, is a procedure that aims to regularize citizens in an irregular situation in Portugal.

To do so, they must comply with the requirements set out in articles 88 and 89 of the Foreigners Law.

These articles regulate the procedure to make it possible for the issuance of a residence permit for individuals who exercise a Professional Activity through an Employment Contract (art. 88) or a Freelancer Activity (self-employed), or even for Business Related Activities (art. 89).

To start the procedure, you must submit an Expression of Interest under these articles online on the SEF website.

Required documents

As published on the SEF website, the documents required to initiate this procedure are as follows:

For both arts. 88 and 89Passport or another valid travel document.Proof of regular entry into Portuguese territory (possession of a valid visa, when required, or entry into Portugal within the visa waiver period).Proof of means of subsistence.Criminal record certificate from the country of origin.Criminal record certificate from the country where the citizen has lived for more than a year (when not Portugal).Authorization to consult the Portuguese criminal record by SEF.Document proving the accommodation.Proof of registration and the regular situation at the Social Security, except in the case of a Promise of Employment Contract.Proof of registration at the Tax Administration (NIF).Documents for application of art. 88Employment Contract or document issued under the terms of al. a) of paragraph 2 of article 88 of Law 23/2007, or Promise of Employment Contract. Documents for application of art. 89Document proving having created a company under the terms of the law, declaring the beginning of activity with the Tax and Social Security Administration as a natural person, or Service Agreement for the exercise of an independent profession (Freelancer), and Qualification to exercise an independent profession (Freelancer) (when applicable). You must present these documents digitally on SEF’s website.

After the approval of the request, date and time will be scheduled for the presentation of the original documentation, in person.

If there is a need to submit an additional document or clarification on a document already presented, it must be made personally.

Important information

The EI process documents must be analyzed very carefully by a professional as they can be quite complex, time-consuming, and costly.

Any error in filling in the information may cause the application to be denied and, consequently, will result in a loss of time and money.

Complexity

The EI process can be complex due to the documents to be submitted for the application.

Many of the documents are especially difficult to obtain for a logical reason: Citizens applying for EI are usually in an irregular situation in Portugal.

Being irregular, any activity will be harder and more time-consuming. For example: Obtaining a Contract or Promise of Employment without presenting the Residence Permit is a great challenge.

Therefore, we emphasize once again: Apply for a visa before arriving in Portugal! This is the right way to proceed.

Delay

This is certainly one of the main reasons for complaints related to EI. This process takes time.

As mentioned, the applicant must present the application documents on two occasions: Through the SEF’s website and in person, at a SEF agency.

The period between applying online and scheduling a meeting at SEF can take months.

Remember that during the process, the applicant is not in a regular situation yet, therefore he/she:

Will not be able to leave the Portuguese territory, otherwise will face problems with Portuguese border control; Depending on the type of EI, the citizen must remain working during the period in which the process is being processed. After conducting the face-to-face meeting, the Residence Permit should be ready for collection in approximately 45 days.

Costs

The EI process is not expensive, however, the procedures for the ex-pat to get legal in Portugal may be.

If you are in an irregular situation at the time of presenting the EI, you must pay a fine corresponding to the period in which you remained in this irregular state in Portugal.

The cost for issuing the Residence Permit is approximately €90, but can be higher, depending on the applicant’s situation.

Additional considerations

After you’re regular, you will be able to carry out activities as someone who has a Residence Permit. And that includes regularizing family members through the Family Reunification Procedure.

Obtaining a Residence Permit without a Visa

Art. 122 of the Foreigners Law is also popular and concerns citizens who want to regularize their situation (and that of their families) in Portugal.

This is an article that lists situations in which a prior visa is not necessary for the purpose of regularization in Portugal.

If you identify yourself or a family member with any of the clauses of the law, you may request a regularization and obtain a Residence Permit.

Among the situations that authorize this visa exception, we can highlight the following:

Underage children of foreign citizens with a Residence Permit born in Portuguese territory.

Minors, born in Portugal, living in this country and attending school.

Children of Residence Permit holders who have reached the age of majority and have remained in Portugal since the age of 10.

People over 18 years, born in Portugal, who have not been away from this country or who have remained in Portugal since the age of 10. Who suffers from a disease that requires medical assistance that prevents him/her from returning to his country of origin, in order to avoid risk to his own health.

Those who, having lost Portuguese nationality, have remained in Portugal for the last 15 years.

People who have minor children residing in Portugal or with Portuguese nationality over whom they exercise parental responsibilities and provide education. Those who prove have done an investment activity, under the terms referred to in paragraph d) of Article 3.

This is really a fertile field for many “urban legends”, such as: Living in Portugal for more than 10 years, even without a Residence Permit, will allow you to obtain Portuguese nationality.

We are used to hearing this and other fairy tales on a daily basis. Let us clarify some relevant points on this topic.

Children who came of age in Portugal

Let’s analyze the situation of the visa waiver for the children of the Residence Permit holders who have reached the age of 18 and who have remained in Portugal since the age of 10.

This provision concerns ex-pat families in Portugal that did not regularize their situation through the Family Reunification procedure in Portugal. Probably due to lack of knowledge or difficulties. However, there’s still time to get legal in Portugal.

This authorization was recently included in the law and is consistent with the need for the integration of foreign citizens into the country.

Such measure was admitted as a recognization of the relationship of the person in such conditions with Portugal. Raised in Portugal since the age of 10, these children usually receive the basis of their ethical and moral knowledge in Portugal.

Ten years is the limit for qualifying for this authorization. Of course, all those who have resided in Portugal since they were younger can also benefit from this authorization.

Have lost their nationality This is yet another innovation in the law aimed at citizens born in Portuguese colonies.

It is related to people who have lost Portuguese nationality with the acquisition of new nationality, due to the independence of Portugal colonies.

In fact, a small number of citizens were allowed to maintain Portuguese nationality.

This measure is aimed at the children of first-generation immigrants born in the former colonies or who were already in Portugal before the independence of their countries and who have not legalized their situation in Portugal.

Minor children resident in Portugal

Foreign citizens who have minor children residing in Portugal over whom they effectively exercise parental authority and ensure sustenance and education will also be exempt from the need to obtain a visa.

In this case, it is not enough for the foreigner to have minor children (with or without Portuguese nationality) residing in Portugal, it is also required that they exercise the parents’ duty of care over their children effectively, such as ensuring their livelihood and education.

The purpose of this measure is to prevent maternity or paternity from being mere instruments for obtaining resident status.

Thus, this authorization exists only in the context of responsible motherhood or paternity, in which the parents assume parental responsibilities.

Investment activity Those who invested in Portugal and acquired their Resident Permit through Investment Activity (ARI), also called Golden Visa, will be able to obtain the Portuguese Resident Permit without a prior visa.

In this way, let us clarify that the Golden Visa is not a visa, but a Residence Authorization.

Other activities and documents you need to get legal in PortugalAs we saw, either by the procedure of arts. 88 and 89, through the Expression of Interest, or through art. 122, by the Residence Authorization without a prior visa, citizens in an irregular situation can regularize themselves in Portugal.

However, some documents are required to apply these procedures and sometimes they can be hard to obtain.

In this session, we will analyze some procedures that the citizen must carry out in Portugal, as they are prerequisites to start the regularization procedure.

Communication to SEF

Expats who entered Portugal through borders not subject to SEF control must declare their entry into the country within 3 working days from the date of entry.

This obligation does not apply if the citizen rents a room in a hotel, given the obligation of this establishment to inform the guest’s entry into Portugal.

If the citizen has communicated SEF after this deadline, he/she may pay a fine that can vary between 60 and 160 euros.

How to make the entry declaration?

Print and fill in the Declaration of Entry model available on the SEF portal and deliver the declaration to SEF with a passport or other identification document.

Obtaining the NIF

The Tax registration and the creation of the Tax Identification Number (NIF) are also extremely important.

You can perform this procedure at any Finance agency around you.

Obtaining an Employment ContractImmigrants consider this to be the most arduous stage of legalization. Many think of returning to their country of origin at this moment.

After obtaining the NIF it will be possible to search for a job, worth remembering that the Employment Contract can be one of the most important documents for those looking to regularize their situation in Portugal.

Below are some tips if you find yourself in this situation:

Update your curriculum.

Search for opportunities also outside the area of expertise.

Emphasize your strengths (eg: punctuality, commitment, proactivity, etc.)There are many websites that publish job opportunities, such as Sapo Empregos, Adecco, Indeed, Empregos Online, and also Linkedin.

Remember that finding a job in Portugal will be more difficult if the candidate is not registered with Social Security.

Social Security Registration

Individuals who carry out professional activities are subject to registration at Social Security.

After the registration, they will get a Social Security Identification Number (NISS).

Upon the enrollment and payment of social security funds, the professional will be able to receive retirement income and also those resulting from parental and sick leave, and unemployment benefits, among others.

In order to speed up the process of issuing the NISS, from January 1st 2020, the NISS is immediately assigned to foreign citizens who intend to start their professional activity through the “NISS On The Fly” (NISS Na Hora) procedure.

What is NISS On The Fly?

It is the assignment of NISS, immediately, to citizens who wish to exercise a subordinate or independent professional activity.

Who can get a NISS On The Fly?

Foreign citizens who are in Portugal for the purpose of exercising a professional activity as:

Employees

Self-employed

Conclusion

We have reached the end of this article, which aimed to show the most important ways of regularizing the situation of ex-pats who are illegally residing in Portugal.

Therefore, a qualified professional must analyze each specific situation.

It’s not worth living in a country with such quality of life if you can’t be rested. To get legal in Portugal also means to be free and with a clean conscience. Do the right thing, regularize your situation and enjoy Portugal to the fullest.

Article by Viv Europe - Official Legal and Relocation Partner to KipperTree

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