Foreigners Law
Originally Published 16th December 2008
The legal regime applicable to the entry and exit of foreign
citizens into and out of national territory is disciplined, in
Portugal, by Law No. 23/2007 from July 4, which regulates the
conditions and procedures of entry, stay, exit and removal of
foreign citizens into and out of national territory1,
considering, for legal purposes, foreign citizen any national of a
country not belonging to the European Economic Area2
and, furthermore, not a contracting party to the Application
Convention.
The enactment of the new legislation, streamlined by ideas of
promotion of legal immigration and the inherent discouraging of
illegal immigration, allied to the goal of desbureaucratization and
use of new technologies, has implied significant changes in the
labor market opportunities, as well to procedures aiming to ease
the access and circulation of highly skilled human resources,
investors, inter alia.
Particularly, concerning the entry of foreign citizens into
Portuguese territory, except for certain cases expressly foreseen
in the aforementioned legislation3, the foreign citizens
shall, in the first place, hold a travelling document deemed valid,
usually with a validity exceeding the duration of their stay (e.g.
passport, safe-conduct); in second place, hold a valid visa,
adequate to the purpose of their visit; and, finally, possess
sufficient subsistence means for the period of the stay and/or the
return trip to the country in which their admission is
guaranteed.
In matter of visas, there should be a distinction according to
their type and the place in which they are granted. In effect,
whenever they are granted abroad, they may be i) stopover
visas (their purpose is to allow their holder, in case of an
international connection, the passage through an airport/port of a
State which is party to the Application Convention, granting only
access to the international area of the airport or maritime port),
ii) transit visas (their purpose is to allow the entry in
national territory of persons from a third State heading to a third
country in which their entry is guaranteed4), iii)
short stay visas (visa to be granted on a residual basis, to
the extent it is designed to allow entry into national territory to
its holder for purposes other than the ones justifying the
concession of another type of visa – e.g. tourism,
visiting or accompanying relatives holding a residency visa), iv)
temporary stay visas ( their purpose is to allow their
holder to enter in Portuguese territory for, among other
purposes5, scientific investigation in investigation
centers, teaching in a higher education institution or the exercise
of a highly qualified activity for a time period of less than one
year, exercise in national territory of a professional activity
either dependent or independent, of a temporary nature whose
duration does not exceed, as a rule six months6, etc)
and, finally, v) residency visas (they aim to allow their
holder the entrance in Portuguese territory for the purpose of
applying to a residency permit, being valid for two entries and for
a period of 4 months). On the other hand, if the visa is granted on
border posts, only transit visas, short term visas or a special
visa (granted to foreign nationals that do not fulfill the
necessary requirements in the grounds of humanitarian or national
interest), may be granted.
As mentioned above, the new legal regime has implied significant
modifications to specific groups, namely investors, highly
qualified professionals, as well as employees and liberal
professionals. Indeed, in the particular cases of economic agents
willing to invest in Portugal, a residency visa will be granted
upon verification of one of the following conditions: i)
performance of investment operations; or ii) proof of possession of
available financial means in Portugal, including those stemming
from financing obtained by recourse to a financial institution in
Portugal, and demonstration, by any means, of the intention to
carry out an investment operation in Portugal. The Regulation
Decree No. 84/20077 does not require any amount, only
referring to its nature, worth and duration. However, the
motivation behind the investment should always be subject to a
balance of interests, namely as to its economic, social,
scientific...
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