FOR LIVING IN PORTUGAL AND FAMILY REUNIFICATION

ARTICLE 77, PARAGRAPH 1 – RESIDENCE PERMIT (GENERAL REGIME)

DOCUMENTS REQUIRED

The application for residence title should be scheduled (via an electronic platform – to be implemented for holders of residence visas) and submitted personally on a standard form signed by the applicant or his/her legal representative. The application may be submitted at any SEF’s directorate or regional delegation, which, after proceedings and decision, will forward it to the directorate or regional delegation of the applicant’s area of residence. Necessary documentation as follows:

• Two recent, identical photographs, in colour with blank background, and easily identifiable (only for appointments at Odivelas, Aveiro or Braga SEF bureau)
• Passport or any other valid travel document
• Valid residence visa
• Evidence of sufficient means of subsistence, as per the provisions of Order number 1563/2007, of 11/12
• Evidence that the applicant has adequate accommodation
• Permission for SEF to check portuguese criminal record (except for under 16 years old)
• A document attesting to the existence of a family relationship, where applicable
• Supporting evidence of registration within Tax Authority
• Document proving that the applicant is registered with the Social Security, where applicable
• Health insurance or supporting evidence he/she is covered by the National Health Service

Notes

• The granting of a residence permit shall entail: the absence of any fact which, if known to the competent authorities, would preclude the granting of the visa; Absence of conviction for a crime which in Portugal is punishable by a custodial sentence of more than one year; The applicant is not within a period of prohibition of entry into the national territory, following an expulsion measure from the country; No indication in the Schengen Information System; No indication in SEF’s Integrated Information System for non-admission purposes, under article 33 of the Aliens Act.
• Without prejudice to any special legal provisions (as when the Aliens Act provides specific different deadlines), with the amendment introduced to article 75 of the Aliens Act, by article 183 of Act n.º 2/2020 of 31 March – State Budget to 2020 in force since 01/04/2020 and to 2020 –, the temporary residence permit is valid for two years [and not just one] from the date of issue of the corresponding title and renewable for successive periods of three years [and not just for two].
• The following administrative offences apply: Article 192 of the Aliens Act (Illegal Stay); Article 197 of the Aliens Act (No entry declaration); Article 198 of the Aliens Act (Unauthorized independent professional activity); Article 199 of the Aliens Act (No travel document).

APPLYING FOR RESIDENCE IN PORTUGAL

FOR LIVING IN PORTUGAL AND FAMILY REUNIFICATION

ARTICLE 90-A – RESIDENCE PERMIT FOR INVESTMENT PURPOSES

DOCUMENTS REQUIRED

The rules governing the granting of Residence Permit for Investment (ARI/Golden Visa), in force from 8 October 2012, enable third country nationals to obtain a temporary residence permit to conduct business activities with visa waiver to enter national territory. The beneficiaries of ARI / Golden Visa are entitled to:

• Residence visa waiver for entering Portugal;
• Living and working in Portugal, on condition that they stay in Portugal for a period of 7 or more days, in the first year, and 14 or more days, in the subsequent years;
• Visa exemption for travelling within the Schengen Area;
• Family reunification
• Applying for permanent residence (pursuant to the Aliens Act – Act number 23/2007 of 4 July with the current wording );
• Applying for Portuguese citizenship, by naturalization, provided all other requirements set out by the Nationality Act are fulfilled (Act number 37/81 of 3 October, as amended);

All third country citizens who conduct an investment activity, as an individual businessperson or through a company set up in Portugal or in another EU Member State and who, in addition, are stably settled in Portugal, provided these citizens fulfil the quantitative requirements and the time requirements set out by the relevant legislation, may apply for a Residence Permit for Investment, by one of the following routes:

• Capital transfer with a value equal to or above 1 million Euros; (PDF)
• The creation of, at least, 10 job positions; (PDF)
• The purchase of real estate property with a value equal to or above 500 thousand Euros; (PDF)
• The purchase of real estate property, with construction dating back more than 30 years or located in urban regeneration areas, for refurbishing, for a total value equal to or above 350 thousand Euros; (PDF)
• Capital transfer with a value equal to or above 350 thousand Euros for investing in research activities conducted by public or private scientific research institutions involved in the national scientific or technologic system; <(PDF)
• Capital transfer of the amount of 350 thousand Euros, or higher, for the acquisition of units of investment funds or venture capital fund of funds dedicated to the capitalisation of companies, capital injected under the Portuguese legislation, whose maturity, at the moment of the investment, is, at least, of five years and, at least, 60% of the investments is realized in commercial companies with head office in national territory; (PDF)
• Family reunification. (PDF)

Portuguese, EU and EEE nationals are not eligible for the ARI/Golden Visa scheme.

APPLYING FOR RESIDENCE IN PORTUGAL

FOR LIVING IN PORTUGAL AND FAMILY REUNIFICATION

ARTICLE 98, PARAGRAPH 2 – FAMILY REUNIFICATION (RELATIVE IN NATIONAL TERRITORY)

DOCUMENTS REQUIRED

Application for residence card is scheduled (via an electronic platform) and submitted by the holder of the right to family reunification. May be submitted at any SEF’s directorate or regional delegation, which, after proceedings and decision, will forward it to the directorate or regional delegation of the applicant’s area of residence. Necessary documentation as follows:

• Two recent, identical photographs, in colour with blank background, and easily identifiable (only for appointments at Odivelas, Aveiro or Braga SEF bureau)
• Documentary proof certifying the entitlement to Family Reunification by a foreign citizen holder of a Residence Permit, an EU Blue Card, or the long-term resident status
• Authenticated supporting documents proving the family links invoked
• Authenticated copies of the identification documents of the applicants family members are not needed if the originals plus the copies are presented locally at the Service Bureau
• Passport or other valid travel document
• Evidence that the applicant has adequate accommodation (not applicable to refugees)
• Documentary evidence of adequate subsistence means for the applicant and for the family, as per the provisions of Order number 1563/2007, of 11/12 (not applicable to refugees)
• Permission for SEF to check portuguese criminal record – except for under 16 years old
• Extract from the judicial record in the country of origin or of provenance of the family member (where the family member has been residing for a period exceeding one year)
• Proof of legal entrance in national territory
• Certificate of incapacity of children of age, in case of dependent children of age
• Certified copy of adoption decision, as well as a certified copy of the acknowledgement of the decision by the national authority, where applicable
• Full Birth Certificate, documentary evidence of economic dependence and document supporting the enrolment in a Portuguese teaching establishment, in case of children who are of age, single and dependent
• Documentary evidence of economic dependence by first-degree relative in the direct ascending line, under the age of 65
• Certified copy of the custody decision, as well as a certified copy of the acknowledgement of the decision by the national authority, where applicable, for cases involving minor siblings
• Written authorization by a non-resident parent, certified by a Portuguese consular authority, or copy of court decision giving legal guardianship of a minor child, or the custody of an incapacitated person to the resident or to the respective spouse, where applicable
• Circumstantial evidence of Unmarried Partnership, as provided for in Article 2-A of Act number 7/2001, of 11 May, as amended by Act number 23/2010, of 30 August, together, where possible, by other circumstantial evidence of the unmarried partnership relevant to the purposes of Article 104, paragraph 2 of the Aliens Act Article 104, paragraph 2 of the Aliens Act

NOTES
• The granting of a residence permit shall entail: the absence of any fact which, if known to the competent authorities, would preclude the granting of the visa; Absence of conviction for a crime which in Portugal is punishable by a custodial sentence of more than one year; The applicant is not within a period of prohibition of entry into the national territory, following an expulsion measure from the country; No indication in the Schengen Information System; No indication in SEF’s Integrated Information System for non-admission purposes, under article 33 of the Aliens Act.The family member holding a visa issued under article 64 of the Aliens Act, or who is in the national territory to which the application for family reunification has been accepted, is granted a residence permit of duration identical to the residents.
• The family member holding a permanent residence permit is issued a renewable residence permit (for three years by virtue of the amendment introduced to article 75 of the Aliens Act, by article 183 of Act n.º 2/2020 of 31 March – State Budget to 2020, in force since 01/04/2020 and to 2020), valid (at first) for two years. Two years after the issue of the first residence permit and in as much as there are family ties or, regardless the mentioned deadline, whenever the holder of the right of family reunification has underage children living in Portugal, the members of the family have the right to an autonomous permit, valid for three years, and renewable, under the amendment introduced to article 75 of the Aliens Act, by article 183 of Act n.º 2/2020, of 31 March, – State Budget to 2020 in force since 01/04/2020 and to 2020. The first residence permit granted to the spouse under the family reunification is autonomous whenever he/she is married for more than five years with the resident – valid for two years, renewable for three, under the amendment introduced to article 75 of the Aliens Act, by article 183 of Act n.º 2/2020, of 31 March.
• The following family members, in accordance to Articles 99 and 100 of the Aliens Act are entitled to family reunification:
  • The spouse;
  • Underage or incapable children under guardianship of the couple or of one spouse;
  • Minors adopted by an unmarried applicant, by a married applicant or by the spouse, following decision taken by the relevant authority of the Country of origin, provided that legal framework incorporates the same rights and duties of natural affiliation and provided that decision is acknowledged by Portugal.
  • Children who are of age, and of whom the couple or one of the spouses is in charge, and study in a Portuguese teaching institution.
  • Adult children, and of whom the couple or one of the spouses is in charge with, single or studying, whenever the holder of the right of reunification has a residence permit granted under article 90 – A
  • First-degree ascendants in the direct line to the resident or the respective spouse provided they are dependent on either of them
  • Underage siblings under custody of the resident, following decision by a relevant authority in the country of origin, as long as that decision is acknowledged by Portugal
• The following family members of unaccompanied minors are also entitled to family reunification:
  • First-degree ascendants in the direct line ;
  • His / her legal guardian or another family member, if the refugee has no direct ascendants or if it proves impossible to trace them.
• For purposes of family reunification with a beneficiary of a Residence Permit for study, unremunerated professional training or voluntary work are entitled the following family members:
  • The spouse
  • Underage or incapable children under guardianship of the couple or of one spouse;
  • Minors adopted by an unmarried applicant, by a married applicant or by the spouse, following decision taken by the relevant authority of the Country of origin, provided that legal framework incorporates the same rights and duties of natural affiliation and provided that decision is acknowledged by Portugal.
• Civil partnership – Family reunification may be authorized with:
  • A non-marital legally recognized partner of the resident, irrespectively of whether the partner is inside or outside national territory;
  • Underage or incapable children, including children adopted by the legal partner, provided these children are under their guardianship.
• Documents written in a foreign language must be accompanied by the respective translation that can be certified by any of the entities listed in Notaries Code, namely: Portuguese Notary; Portuguese Consulate in the country where the document was passed; Consulate of that country in Portugal.
• The following administrative offences apply: Article 192 of the Aliens Act (Illegal Stay); Article 197 of the Aliens Act (No entry declaration); Article 198 of the Aliens Act (Unauthorized independent professional activity); Article 199 of the Aliens Act (No travel document).

RENEWING RESIDENCE IN PORTUGAL

ARTICLE 78, PARAGRAPH 2 – RENEWING A RESIDENCE PERMIT (GENERAL REGIME)

DOCUMENTS REQUIRED

The application for the renewing of a residence permit shall be made on-line. It shall be delivered personally, on a standard form signed by the applicant or by his/her legal representative, if the applicant is a minor or legally disabled, and can be submitted in any SEF directorate or regional delegation, which may send it, after proceedings and decision, to the directorate or regional delegation of the applicant’s area of residence. It shall be accompanied by:

• Two recent, identical photographs, in colour with blank background, and easily identifiable (only for appointments at Odivelas, Aveiro or Braga SEF bureau)
• Residence Title valid, or expired in the previous 6 months
• Passport or any other valid travel document
• Evidence of sufficient means of subsistence, as per the provisions of Order number 1563/2007, of 11/12
• Evidence that the applicant has adequate accommodation, in particular by submitting a declaration of residence issued by the Parish Council of the area of residence; or a lease contract registered at the Tax Authority and the rent’s last receipt; or a contract of purchase and sale or the title deed of the estate.
• Permission for SEF to check portuguese criminal record – except for under 16 years old
• Document proving the regularized applicant’s tax situation, where applicable
• Document proving the regularized applicant’s Social Security situation, where applicable

NOTES

• Residence Permit may be refused on grounds of public policy or national security reasons.
• A residence Permit shall be renovated only if its bearer has not been the object of custodial sentence (s) that individually or jointly exceed one year of imprisonment, even if, in case of sentencing for felonious crime set out in this legal framework, for crime of terrorism, for highly violent or highly organized crime, the enforcement of the sentence has been suspended.
• Residence Permit shall not be renovated if the holder has been judged by default, unless he / she is able to present evidence that he / she is no longer deemed as having been judged by default
• The residence permit held by a foreign citizen convicted to a custodial sentence shall only be renewed if that same citizen has not been subject to a decree of expulsion
• The application for renewing the residence permit may be submitted by the person concerned between 90 and 30 days previous to the expiry of the title
• Residents shall communicate to SEF any changes in their marital status, or in their home address, within 60 days from the date those alterations occur
• Without prejudice of the special legal provisions applicable (whenever the Aliens Act provides specific different deadlines), with the amendment introduced to article 75 of the Aliens Act, by article 183 of Act n.º 2/2020, of 31 March – State Budget to 2020 in force since 01/04/2020 and to 2020 –, the temporary residence permit is valid for two years [and not just one] from the date of issue of the corresponding title, and renewable for successive periods of three years [and not just two].
• A receipt attesting submission of an application for renewal of a residence permit, replaces the Residence Permit, in all its effects, for a period of 60 days, renewable

ARTICLE 80 – PERMANENT RESIDENCE PERMIT

DOCUMENTS REQUIRED

• Application delivered personally (on a standard form) signed by the applicant (where the applicant is either a minor or legally disabled person the form shall be signed by his / her legal representative)
• Two recent, identical photographs, in colour with blank background, and easily identifiable (only for appointments at Odivelas, Aveiro or Braga SEF bureau)
• Passport or any other valid travel document
• Evidence of sufficient means of subsistence, as per the provisions of Order number 1563/2007, de 11/12
• Evidence that the applicant has adequate accommodation
• Permission for SEF to check portuguese criminal record – except for under 16 years old
• Supporting evidence of tax and social security obligations
• The applicant must hold a temporary Residence Permit for a minimum period of five years
• Evidence of basic command of the Portuguese language, by presenting:
  • A certificate issued by a Portuguese official or officially recognized teaching establishment, or
  • Where the applicant attended an official or officially recognized teaching establishment in a Portuguese speaking country, an attestation of successful completion of studies issued by that teaching establishment, or
  • Attestation of successful completion of elementary Portuguese studies issued by the Institute for Employment and Professional Training (IEFP) or by any other official or officially recognized teaching establishment, or
  • Certificate of knowledge of basic Portuguese, through a test in Teaching Portuguese as a Foreign Language (CAPLE), recognized by the Ministry of Education and Science.

NOTES

• It is a condition for granting a permanent residence permit in the five years immediately preceding the application, applicants may not have been the object of custodial sentence (s) that individually or jointly exceed one year of imprisonment, even if, in case of sentencing for felonious crime set out in this legal framework, for crime of terrorism, for highly violent or highly organized crime, the enforcement of the sentence has been suspended;
• To the citizens holding a residence permit for investment purposes and their family members, complying with the requirements provided in article 80 of the Aliens Act and wish to be granted with a permanent residence permit, a permanent residence permit for investment purposes shall be issued, exempt of the provided in article 85, n.ºs 2, 3 and 4, subparagraph b) of the same diploma (cancellation of the right due to absences from the national territory, see article 65-k of the Regulatory Decree 84/07 of 5/11, as amended). The Permanent Residence Permit for investment purposes may be subject to specific fees of analysis and issuance, to be regulated by amendments to Ordinance 1334-E/2010, of December 31.
• Without prejudice to as provided for the family reunification (article 107 of the Aliens Act) the permanent residence permit is issued for five years and has no validity. However, the residence permit must be renewed every five years or whenever changes in the identification elements registered occur.

RIGHTS AND DUTIES OF A RESIDENCE PERMIT HOLDER
Without prejudice to any special provisions, a residence permit holder is implicitly entitled to:

• Family reunification
• Education and study
• Undertaking remunerated employment
• Pursuing activities as a self-employed Professional
• Professional guidance, training, improvement and redeveloping
• Health care
• Access to the law and justice

The legal provisions securing equal treatment to foreign citizens, specifically in connection to social security, fiscal benefits, participation in unions, recognition of diplomas, certificates and other Professional qualifications, as well as the right of access to goods and services available to the public and the application of provisions granting them special rights, are secured

DUTY TO COMMUNICATE

• Residents have a duty to inform SEF, within 60 days of the occurrence, any alteration to their civil status or place of residence
• The holder of a temporary Residence Permit who intends to be absent from Portugal, during the validity period, for a timeframe exceeding six consecutive months or eight unsequential months has a duty to inform SEF before leaving national territory
• The holder of a permanent Residence Permit who intends to be absent from Portugal, for a period exceeding twenty four consecutive months or, in a timeframe of three years, be absent thirty unsequential months, has a duty to inform SEF before leaving national territory
• The holder of any other Long Term Residence Title, may not be absent from European Union territory for a period equal to or exceeding 12 consecutive months, or from national territory for a period equal to or exceeding six consecutive years, failing which the loss of such title may ensue.
• Students of higher education institution holders of a residence permit may have a remunerated or independent professional activity provided they inform SEF accordingly, by submitting the contract or declaration of employment of the beginning of the activity within the tax authority, as well as a supporting evidence of registration on social security.

DUTY OF REGULAR ENTRY AND LEGAL PERMANENCE