Key Benefits:
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PROPOSED LAW NO. 50 /XII
Exhibition of Motives
In 2007 new legal regime of entry, stay, exit and
removal of foreigners from the national territory, approved by Law No. 23/2007, 4 of
July.
The new law came to framing legal immigration, redefining the rules for admittance to
workers, students, researchers and highly skilled workers,
regulate family reunification, and implement the combating of illegal immigration
specifically by the aggravation of sanctions for the exploitation of immigrants
illegal.
The constant challenges facing the European Union in relation to policies of
border control, asylum and immigration, come by claiming new measures that allow for
convergence of member states in the definition and application of common minimum standards,
intending the present law to respond to that challenge.
In line with the program of the XIX Constitutional Government, and for the guarantee of a
safety of persons and goods that cannot fail to be understood as a priority function
of the State, effective acting shall be developed in cooperation with other States
members and international organizations. Adding, still, the fundamental mission to strengthen
the integration measures of immigrants, attentive to their contribution to development and
the need for humanistic protection of vulnerable situations that deserve a special
attention.
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In these terms, the present amendment to Law No. 23/2007 of July 4 focuses on,
fundamentally, over seven aspets: the harmonization of standards and procedures
concerning the return of nationals of third States in irregular situation, the introduction
of a new type of residence permit, called the "EU Blue Card", the definition
of minimum standards relating to penalties and measures to be applied to employers that
employ third country nationals in an irregular situation, the enlargement of the statute
of long-term resident of the beneficiaries of international protection, the reinforcement of the
single application procedure for the granting of a single permit for nationals of
third countries to reside and work in national territory, the implementation of measures
Strategic of the II Plan for the Integration of Immigrants into Portuguese society, and the
creation of a mechanism that will allow third country nationals to invest in Portugal
under certain conditions.
The first refers to the standards and procedures to be applied by the member states for the
return of nationals from third States who find themselves in an irregular situation in the
national territory (Directive No 2008 /115/CE, of the European Parliament and of the Council, of
December 16, 2008, "Directive Return") importing, in respect of the rights
fundamental, harmonize the standards that already exist in this matter.
The second relates to the conditions of entry and residence of third country nationals
for the purpose of highly qualified employment (Directive No 2009 /50/CE of the Council, of
May 25, 2009, "Highly Qualified Employment Directive") and release the consecration
of the legal requirements within the framework of the "EU Blue Card" grant system.
a specific title that creates a special entry and stay system for
national workers of highly qualified third states. This process has
as main goal to attract national workers from third states highly
qualified and facilitate your entry and residence in Portuguese territory, for a period
more than three months. Such allows for progressive access to the Portuguese labour market and
the granting of the rights associated with residency and mobility, which are of course
extendable to the relatives of the worker. In this measure, the title of the "EU Blue Card"
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imports conditions favourable to geographical and professional mobility within the framework of the Union
European, the family reunification, and the acquisition of the status of a long-term resident
duration.
The third framework of changes is based on the criminalization of illegal employment of citizens
foreigners (Directive No 2009 /52/CE, of the European Parliament and of the Council, of 18 of
June 2009, "Directive Santions"). Are in question the situations in which the activity is
practiced in a repeated or recidivised manner, in conditions of work particularly
abusive. The incrimination now introduced has subsidiary nature and is without prejudice to the
implementation of standards referring to more serious crimes of human trafficking, ill-treatment,
aid to illegal immigration or illegal labor angling. Optimize, thus, the
mechanisms to combat situations of illegal employment of national citizens of countries
third parties in the employer's strand.
The fourth amendment refers to the application of the status of long-lasting residents of the
third country nationals who benefit from international protection (Directive
n. 2011 /51/UE, of the European Parliament and of the Council of May 11, 2011, which
changes the Directive No 2003 /109/CE, of the Council) as defined in the Directive
No. 2004 /83/CE of the Council of April 29 transposed into legal planning
national by Law No. 27/2008 of June 30.
The fifth scope of amendment respects the deepening of the recognition given to the
rights to workers from third countries who legally reside in Portugal, through
of the assignment of a single title of residence, in line with the one determined by the Directive
n. 2011 /98/UE, of the European Parliament and of the Council of December 13.
On the other hand, the ensejo has taken the opportunity to make changes arising from the
Regulation (EC) No 810/2009, of the European Parliament and of the Council of July 13,
that establishes the Community Code of Visas.
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A sixth group of amendments relates to the introduction of measures provided for in the II
Plan for the Integration of Immigrants, which aim to clarify the regime of judicial support to the
victims of human trafficking or of action to aid illegal immigration, and the review of the
current demand for conviction in process-crime by domestic violence to be able
assign an autonomous residence permit to reunified family members who are
victims of such a phenomenon.
Take advantage of the legiferant impulse to proceed also to one-off changes to the diploma,
arising essentially from the assessment made of its implementation, as is the case with the express
prediction of the possibility of the holder of a residence permit for the exercise of
subordinate professional activity can exert an independent professional activity.
In this seventh and final group of amendments, it matters to highlight that you take advantage of the present
revision of Law No. 23/2007 of July 4 to provide it with a new mechanism that
will allow third country nationals to carry out investment in Portugal under
certain conditions, objective that falls within the dynamization objectives of the
economic diplomacy pursued by the Government.
Finally, and bearing in mind that the punitive system of our legal planning
builds on the fundamental idea that feathers should be executed with a sense
pedagogical and ressocialising, constituting the possibility of maintaining ties
family and friendship fundamental and determinant factors in the ressocialization of the
doomed and respect reintegration into society, diminished, for the crimes punished with
prison term equal to or less than 5 years in prison, the effective time of fulfillment of the
prison term necessary for the execution of the expulsion penalty, and relaxes the possibility
of, for such cases, upon reasoned and favorable opinion of the director of the chain and without
opposition of the convict, the execution of the expulsion penalty can be anticipated, assured
that is the fulfillment of the remnant of the penalty in the country of destination.
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The hearing of the self-governing bodies of the Autonomous Regions was promoted, of the
Superior Council of the Magistrature, of the Higher Council of Administrative Courts and
Taxation, of the Superior Council of the Public Prosecutor's Office, of the Order of Lawyers, of the
National Data Protection Commission and the Advisory Board for the Affairs of the
Immigration, being the respected opinions provided to the Assembly of the Republic for
weighting in the scope of the legislative process.
Thus:
Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic, with a request for priority and urgency, the following proposal for law:
Article 1.
Object
The present diploma changes the Law No. 23/2007 of July 4 approving the legal regime of
entry, stay, exit and removal of foreigners from the national territory,
implements at the national level the Regulation (EC) No 810/2009, of the European Parliament and
of the Council, of July 13, which establishes the Community Code of Visas, and transposes them
following directives:
a) Directive No 2008 /115/CE, of the European Parliament and of the Council, of 16 of
December, concerning common standards and procedures in member states
for the return of nationals from third countries in irregular situation;
b) Directive No 2009 /50/CE of the Council of May 25 on the conditions of
entry and residence of third country nationals for employment purposes
highly qualified;
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c) Directive No 2009 /52/CE, of the European Parliament and of the Council, of 18 of
June, which sets out minimum standards on sanctions and measures against the
employers of third country nationals in an irregular situation;
d) Directive No 2011 /51/UE, of the European Parliament and of the Council, of 11 of
may, amending Directive No 2003 /109/CE of the Council, so as to extend the
its scope to the beneficiaries of international protection;
e) Directive No 2011 /98/UE, of the European Parliament and of the Council, of 13 of
december, relating to a single application procedure for granting a
single permit for third country nationals to reside and work
in the territory of a member state and to a set of rights for the
workers from third countries who legally reside in a member state.
Article 2.
Amendment to Law No. 23/2007 of July 4
Articles 2, 3, 5, 9, 17, 33, 36, 40, 45, 45, 45, 45, 45, 51, 51, 51, 45, 45, 45, 45
59, 61, 64, 67, 77, 80, 88, 90, 106, 106, 106, 122, 122, 122, 122, 122, 122, 122, 122
125 to 127, 129, 131, 134, 137, 138, 141, 143, 149 to 146, 149, 149 to 146, 149 para.
151, 159 to 162, 168, 182 to 186, 196, 198, 202, 210, 210, 210 and 213 of the Act
n. 23/2007 of July 4, they shall pass the following essay:
" Article 2.
[...]
1-A This Law transposes to the internal legal order the following directives
of the European Union:
a) [...];
b) [...];
c) [...];
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d) [...];
e) [...];
f) [...];
g) [...];
h) Directive No 2008 /115/CE, of the European Parliament and of the Council,
of December 16, concerning common standards and procedures in the
Member States for the return of third country nationals in
irregular situation;
i) Directive No 2009 /50/CE of the Council of May 25 on the
conditions of entry and residence of third country nationals
for the purpose of highly qualified employment;
j) Directive No 2009 /52/CE, of the European Parliament and of the Council, of
June 18, which sets out minimum standards on sanctions and measures
against employers of third country nationals in situation
irregular;
k) Directive No 2011 /51/UE, of the European Parliament and of the Council, of
May 11, amending Directive No 2003 /109/CE, of the Council, of
mode to extend its scope to the beneficiaries of
international protection;
l) Directive No 2011 /98/UE, of the European Parliament and of the Council, of
December 13, relating to a single application procedure of
provision of a single permit for nationals of countries
third parties reside and work in the territory of a member state
and to a set of rights for workers from third countries
who legally reside in a member state.
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2-[...].
Article 3.
[...]
a) [...];
b) [...];
c) [...];
d) "Investment activity" any activity exerted personally
or through a society that leads, as a rule, to the realization,
at least, from one of the following situations on national territory and
for a minimum period of five years:
i) Transfer of capital in the amount equal to or greater than one
million euros;
ii) Creation of at least thirty jobs;
iii) Acquisition of immovable property of equal or greater value to
setecents and fifty thousand euros.
e) "EU blue card" title of residence that empowers a national of a
country third party to reside and exercise, in national territory, an activity
highly qualified subordinate professional;
f) [ Previous point (d) ];
g) "Conditions of work particularly abusive" conditions of
work, including those that result from discrimination based on the
gender or others, which are manifestly disproportionate to
relation to those applicable to workers employed legally and that,
for example, are susceptible to affect the health and safety of the
workers and are contrary to the dignity of the human person;
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h) [ Previous point (e) ];
i) "Decision of coercive removal" administrative act that declares the
irregular situation of a third country national and determines the
respects the exit of the national territory;
j) [ Previous point f) ];
k) [ Previous point (g) ];
l) [ Previous point (h) ];
m) [ Previous point (i) ];
n) [ Previous point (j) ];
o) [ Previous point l) ];
p) [ Previous point (m) ];
q) [ Previous paragraph (n) ];
r) [ Previous point (o) ];
s) "International protection" recognition by a member state
of a national of a third country or of a stateless person with the
status as a refugee or subsidiary protection status;
t) "High professional qualifications" the proven qualifications
by a higher education diploma, or evidenced by a
minimum of five years of professional level experience
comparable to higher education qualifications that is pertinent in the
profession or sector specified in the contract of employment or in the
promise of contract of employment;
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u) "Return" return of nationals from third states to the country of
origin or provenance arising from a decision of
remoteness, or under community readmission agreements
or bilateral or other Conventions, or yet to another third country
of the option of the foreign citizen and in which it is accepted;
v) [ Previous paragraph (p) ];
w) [ Previous point (q) ] ;
x) [ Previous point r) ] ;
y) [ Previous point (s) ] ;
z) [ Previous point (t) ] ;
aa) [ Previous point u) ].
Article 5.
[...]
1-[...]:
a) [...];
b) [...];
c) Protocols and memorandums of understanding concluded between Portugal
and third states.
2-[...].
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Article 8.
[...]
1-Access to the international area of airports, in scale or in
transfer of international connections, on the part of foreign citizens
subject to the visa requirement of a scale, pursuant to this Law, shall be
conditioned on the entitlement of the same.
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-Can be granted short-stay visas at border crossings
maritime, in the terms set out in this Law.
Article 9.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
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6-May still leave the Portuguese territory foreign citizens
enabled with safe-conduit or with travel document to
coercive removal or judicial expulsion of national citizen of State
third.
Article 12.
[...]
1-[...].
2-A acceptance of the term of liability referred to in the preceding paragraph
depends on the proof of the financial capacity of the subscribed respect and includes
obligatorily the commitment to ensure:
a) [...];
b) [...].
3-The predicted in the preceding paragraph does not exclude the liability of the entities
referred to in Articles 198 and 198-A, provided that the respects are verified
assumptions.
4-[...].
5-The model of the liability term is approved by dispatching the
national director of the SEF.
6-SEF ensures the implementation of a system of registration and file of the
presented terms of responsibility.
Article 17.
[...]
1-[...]:
a) [...];
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b) [...];
c) [...];
d) Travel document for coercive removal or judicial expulsion
of national citizens of third States;
e) [...].
2-[...].
Article 27.
Travel document for removal of national citizens from third States
1-To the national citizen of State third party object of a decision of
coercive removal or judicial expulsion and which does not have any of
travel document is issued a document for this purpose.
2-[...].
3-[...].
Article 33.
[...]
1-[...]:
a) Who have been the subject of a decision to coercion or
of judicial expulsion from the Country;
b) [...];
c) [...];
d) [...];
e) [...].
2-[...].
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3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
Article 36.
[...]
With the exception of the cases referred to in points a), c) and d) of paragraph 1, and paragraph 3
of Article 33, shall not be refused entry to foreign citizens who:
a) [...];
b) Have your job dependent children minors of Portuguese nationality or
foreign, in this case with legal residence in Portugal, about the
which effectively exercise the parental power and to whom to ensure the
sustenance and education.
Article 40.
[...]
1-[...].
2-To the foreign citizen to whom he has been refused entry into territory
national is guaranteed, in good time, access to legal aid by
counsel, at the expense of the own or, on request, of the benefit of protection
legal, applying with due adaptations to Law No. 34/2004, 29 of
July, in the scheme provided for the appointment of defender of defendants to
urgent representations.
3-[...].
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4-Without prejudice to the protection afforded by the asylum law, it is also guaranteed
to the citizen who is object of decision to refuse entry to observance,
with the necessary adaptations, of the scheme provided for in Article 143.
Article 42.
[...]
1-[...].
2-[...]:
a) The number, type, date of issue and the validity of the document of
travel used;
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) [...];
i) [...].
3-[...].
4-[...].
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Article 45.
[...]
[...]:
a) Airport-scale visa;
b) [ Repealed ];
c) [...];
d) [...];
e) [...].
Article 46.
[...]
1-Airport-scale and short-lived visas may be valid for
one or more States Parties to the Convention of Application.
2-[...].
Article 47.
Individual visa
1-[...].
2-[ Revoked ].
3-visas granted abroad are granted in the form
individual.
4-[ Revoked ].
5-[ Revoked ].
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Article 48.
[...]
1-[...]:
a) The embassies and the Portuguese career consular posts,
when it deals with airport or short-duration-scale visas
requested by holders of diplomatic, service passports,
officers and specials or travel documents issued by
international organizations;
b) [...].
2-[...].
Article 49.
Airport-scale visa
1-The airport-scale visa is intended to enable its holder, when
use an international link, the passage through an airport of a
State Party to the Convention of Application.
2-The holder of the airport scale visa only has access to the area
international of the airport, and shall continue the journey in the same or
another aircraft, of harmony with the title of transport.
3-[...].
4-[...].
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Article 50.
[ Revoked ]
Article 51.
[...]
1-[...].
2-The visa may be granted with a period of validity of one year and for
one or more entries, not the duration of an uninterrupted stay
or the total duration of the successive stats exceeds ninety days in each
one hundred and eighty days from the date of the first passage of a
external border.
3-[ Revoked ].
Article 52.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-Whenever the applicant is object of input interdiction issued by
a State Party or Associate State in the Convention of Application of the
Schengen agreement, this must be consulted beforehand by owing
interests be taken into account, in accordance with Article 25 of the
Convention of Application.
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Article 53.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-The opinions required for the granting of visas, when negative, are
binding, being issued within seven days in the case of the visas of
short duration or twenty days in the remaining cases, finite which the absence
of issuance corresponds to assent.
Article 54.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
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f) Stay in national territory for periods higher than three
months, in excecional cases, duly substantiated,
specifically for frequency of study program in
establishment of teaching, exchange of students, internship
unpaid professional or volunteering, of equal duration or
less than one year, or for the purpose of fulfilling the commitments
international within the framework of the World Trade Organization and the
arising from international conventions and agreements that Portugal
be part, in the seat of freedom to provide services;
g) [...].
2-The temporary stay visa is valid for four months and for multiple
entries into national territory, without prejudice to the provisions of paragraph 4 of the article
56.
3-[...].
Article 59.
[...]
1-[...].
2-[...].
3-[...].
4-The Institute of Employment and Vocational Training, I.P., as well as the
Respecting departments of each Autonomous Region, maintain a system
of information permanently updated and accessible to the public, through
of the internet, of the vacancies covered by paragraph 1, disseminating them
on their own initiative or at the request of the employing entities or the
immigrant associations recognized as representative of the
immigrant communities by the ACIDI, I.P., pursuant to the law.
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5-[...].
6-[...].
7-[...].
8-[...].
9-[...].
Article 61.
[...]
1-It is granted residence visa for the purpose of conducting research
scientific to nationals of third States who have been admitted as
students of higher education at the doctoral level, or to collaborate
as researchers in a research centre recognised by the
Ministry of Education and Science, notably through a pledge
or contract of employment, of a written proposal or contract of provision
of services, or of a scientific research fellowship.
2-It is also granted a residence visa for the exercise of a
lecturer activity in a higher education establishment or an activity
highly qualified to nationals of third States who have a
proper promise or a contract of service provision.
3-[ ... ].
4-To nationals of third States covered by this Article shall not
applicable the scheme provided for in Article 59.
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Article 64.
[...]
Where in the context of the instruction of a residence visa application for
effects of family reunification the SEF delivers assent on the terms
of this Act, shall be facilitated to applicants for a residence visa for
allow entry into national territory.
Article 66.
[...]
[...]:
a) [ Repealed ];
b) [...];
c) [...].
Article 67.
Short-lived visa
1-In the border crossings subject to control may be granted, by title
excecional, short-lived visa to the foreign citizen who, for reasons
unforeseen, has not been able to apply for a visa to the competent authority,
as long as the person concerned:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...].
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2-The short-stay visa issued under the previous number can only be
granted for an entry and its validity must not exceed 15 days.
3-[...].
Article 77.
[...]
1-[...]:
2-[...].
3-[...].
4-[...].
5-[...].
6-Whenever the applicant is object of input interdiction issued by
a State Party or Associate State in the Convention of Application of the
Schengen agreement, this must be consulted beforehand by owing
interests be taken into account, in accordance with Article 25 of the
Convention of Application.
Article 78.
[...]
1-[...].
2-[...]:
a) [...];
b) [...];
c) [...];
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d) Have not been convicted in penalty or feathers that, isolated or
cumulatively, exceed one year in prison, albeit, in the case
of conviction for felony felony provided for in this diploma or
with this condo, or by crime of terrorism, by criminality
violent or for especially violent or highly violent crime
organized, the respect execution has been suspended.
3-[...].
4-[...].
5-[...].
6-[...].
7-The receipt of the application for renewal of residence permit produces the
same effects of the title of residence for a period of 60 days,
renewable.
8-[...].
Article 80.
Granting and renewal of permanent residence permit
1-[...]:
a) [...];
b) During the last five years of residence in Portuguese territory
have not been convicted in penalty or feathers that, isolated or
cumulatively, exceed one year in prison, albeit, in the case
of conviction for felony felony provided for in this diploma or
with this condo, or by crime of terrorism, by criminality
violent or for especially violent or highly violent crime
organized, the respect execution has been suspended;
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c) [...];
d) [...];
e) [...].
2-[...].
Article 85.
[...]
1-[...]:
a) Its holder has been the subject of a removal decision
coercion or a decision of judicial expulsion from the territory
national; or
b) [...];
c) [...];
d) [...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
Article 88.
[...]
1-[...].
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2-[...].
3-[...].
4-[...].
5-The holder of a residence permit for the exercise of an activity
subordinate professional can exercise a professional activity
independent, being applicable, with the necessary adaptations, the willing
in the following article, upon replacement of the title of residence.
Article 90.
[...]
1-Is granted residence permit to nationals of third States
for the purpose of exercise of a research activity, an activity
lecturer in a higher education establishment or highly qualified
that, in addition to the conditions laid down in Article 77, fulfil the
following requirements:
a) [...]; or
b) They have a contract of employment or service provision
compatible with the exercise of a lecturer activity in a
establishment of higher education, or contract of provision of
services compatible with a highly qualified activity;
c) [...].
2-[...].
3-[...].
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Article 97.
[...]
1-You are vetted to the holder of a residence permit for participation in a
volunteering program the exercise of a professional activity
remunerated.
2-Out of the period devoted to the study programme or fine-stage the internship
unpaid professional, subject to the rules and conditions applicable to the
pertinent activity, students can exercise an activity
subordinate professional, in accordance with Article 88 (1), by
prior authorization granted by SEF.
3-[...].
Article 106.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-From the rejection of the application is sent copy, with the respects
grounds, to the ACIDI, I.P., and to the Advisory Board for the Affairs
of Immigration.
6-[...].
7-[...].
8-[...].
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Article 107.
[...]
1-[...].
2-[...].
3-[...].
4-In excecional cases, namely of judicial separation of persons and
goods, divorce, viuve, death of rising or descending, prosecution
by the Public Prosecutor's Office for the practice of domestic violence crime and
when the age of majority is reached, a permit may be granted
autonomous residence before the deadline referred to in the number
previous.
5-[...].
Article 108.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-A The decision to cancel is communicated by electronic means to ACIDI,
I.P., and the Advisory Board for the Affairs of Immigration.
7-[...].
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Article 112.
[...]
1-[...].
2-[...].
3-[...].
4-Where necessary, it is provided to the person referred to in paragraph 1 assistance of
translation and interpretation, as well as legal protection under the Act
n ° 34/2004 of July 29, not the provisions of paragraph 2 of the
your Article 7 para.
Article 122.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) [...];
i) [...];
j) [...];
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k) [ Previous point l) ];
l) [ Previous point (m) ];
m) Who are, or have been, victims of criminal infraction or
serious or very serious counterordinance regarding the relationship of
work, in accordance with paragraph 2 of this article, of which there are
proven evidence by the service with inspection competence of the
ministry responsible for the area of employment, and as long as they have
denounced the infraction to the competent entities and with them
collaborate;
n) [ Previous point (o) ];
o) Previous paragraph (p) ];
p) Previous point (q) ];
q) That they make proof of the investment activity, in the terms to which
refers to point d) of Article 3 para.
2-For the purposes of the provisions of the m) of the previous number, are only
considered the infractions that translate into conditions of disprotection
social, wage or clockwork exploitation, under working conditions
particularly abusive or in the case of use of the activity of minors
in illegal situation.
3-In cases provided for in points n ), the ) and p ) of paragraph 1 shall apply, with the
due adaptation, the provisions of Articles 88, 89 or 90, depending on the
cases.
4-[ Previous Article No 3 ].
CHAIR OF THE COUNCIL OF MINISTERS
31
5-Whenever the smallest, without any reason served, cede to attend education
preschool or the teaching basic is cancelled or not renewed the authorization
of temporary residence granted under the letter (s) b ) of paragraph 1 and of the
n. 4.
6-Whenever the minor, for no reason attendant, stop attending teaching
secondary or professional may be cancelled or not renewed to
temporary residence permit granted under the letter (s) b ) from the
n. 1 and of paragraph 4.
7-[ Previous Article No 6 ].
Article 125.
[...]
1-[...].
2-[...]:
a) [...];
b) [...];
c) [ Repealed ];
d) [ Repealed ];
e) [...];
f) [...].
Article 126.
[...]
1-[...]:
CHAIR OF THE COUNCIL OF MINISTERS
32
a) Have legal and uninterrupted residence on national territory during
the five years immediately prior to the presentation of the
application or, should you treat yourself to beneficiary of protection
international, from the date of the submission of the application of which
has resulted in the granting of international protection;
b) [...];
c) [...];
d) [...];
e) [...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
Article 127.
[...]
1-[...].
2-[...].
3-Without prejudice to the provisions of the preceding paragraphs, the above shall be refused
long-term resident status on the basis of international protection
whenever it occurs revocation, suppression or refusal to renew that
protection, in the terms of the points a) and b) of Article 41 (1) of the Law
n. 27/2008, of June 30.
CHAIR OF THE COUNCIL OF MINISTERS
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Article 129.
[...]
1-[...].
2-[...].
3-Without prejudice to the preceding paragraph, the application for the granting of a status of
long-lasting resident formulated by third State national who
be simultaneously holder of a long term EU title issued by
another member state of the EU is preceded by consultation of that having in
view to ascertain whether the applicant continues to benefit from protection
international.
4-[ Previous Article No 3 ].
5-[ Previous Article No 4 ].
6-[ Previous Article No 5 ].
7-[ Previous Article No 6 ].
8-[ Previous Article No 7 ].
9-[ Previous Article No 8 ].
10-[ Previous Article No 9 ].
Article 130.
Title EU long term residence
1-Long-term residents are issued an EU title of residence of
long duration.
2-The title EU long term residence has a minimum validity of
Five years, being automatically renewable, upon application, in the
expiry of the period of validity.
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3-The EU long term residence permit is issued under the rules and the
uniform model of residence permit for nationals of States
third parties, in force in the European Union, and shall be entered in the heading
"Type of title" the designation "Long-term EU Resident".
4-In the circumstance of being issued EU long term residence permit
national of State third party that has benefited from international protection
in another member state, in the title in question shall be entered by
" International protection granted by [...] (identification of the state
member) in [...] (date) ".
5-Should international protection be transferred, this observation should be
amended upon request by the Member State where the national of State
third has benefited from protection.
6-As soon as possible, and in any case within the maximum period of three months, shall
be changed the title of long-term residence with the observation in
compliance.
Article 131.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
CHAIR OF THE COUNCIL OF MINISTERS
35
8-[...].
9-If the loss of the status of long-term resident leads to the
remoteness of national territory of third State citizen who has
been a holder of the long-term EU title provided for in paragraph 4 of the article
130., such removal can only be effected for the country identified in the
observations.
10-In the situation referred to in the preceding paragraph, if in respect of the citizen of
Third state there are serious reasons to believe it poses a danger
for national security or public order, if it has been condemned by
sentence carried on trial for felony felony to which it matches sentence
effective from more than one year of imprisonment, albeit, in the case of conviction
by doloso crime provided for in this diploma or with this connexus, or
by crime of terrorism, by violent crime or by crime
especially violent or highly organized, the respect execution
has been suspended, or if it has been withdrawn from international protection
conferred by another member state, the remoteness can be effected
to different country, observed the principle of non-repulsion.
11-[ Previous Article No 9 ].
Article 134.
Fundamentals of the decision of coercive removal or expulsion
1-Without prejudice to the constant provisions of international conventions of
that Portugal is Party or to which it is bound, is cast aside coercively or
expelled judicially from Portuguese territory, the foreign citizen:
a) [...];
CHAIR OF THE COUNCIL OF MINISTERS
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b) Which constitutes a threat to the public order, to safety
national, or for the international relations of member state of the
European Union or State where to behold the Convention of Application
of the Schengen Agreement;
c) [...];
d) [...];
e) [...];
f) In relation to which there are strong indications of the practice of facts
serious punishable or that it intends to practise such facts, in a state
member of the European Union or in a state where the Convention invigorates
of Application of the Schengen Agreement;
g) Who is the holder of a valid residence permit, or other
title, which confers you right of permanence in another State
member and does not comply with the obligation to address, immediately, to
that member state.
2-[...].
3-[...].
4-The coercive removal decisions adopted on the grounds of paragraph b)
of paragraph 1 are the competence of the national director of the SEF.
5-A The competence provided for in the preceding paragraph shall not be delegated.
Article 135.
Limits to the decision of coercive or expulsion
Except for cases of attack on national security or public order and
of the situations provided for in points c) and f) of Article 134 (1), shall not be
sidelated or expelled from the national territory the foreign citizens who:
CHAIR OF THE COUNCIL OF MINISTERS
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a) Have been born in Portuguese territory and here resided
usually;
b) Have your job dependent children minors of Portuguese nationality or
foreign, to reside in Portugal, on which they exercise
effectively the parental power and to whom to ensure livelihood and
education;
c) Meet in Portugal since age of less than 10 years and here
habitually reside.
Article 137.
Remoteness of long-term residents in a Member State of the Union
European
1-A coercive removal decision may be applied to the holder of the
long-term status granted by a member state of the Union
European, if it remains illegally on national territory.
2-While the national of a third state, with a residence permit
granted under Article 116, has not obtained the status of resident
of long duration in national territory, the decision of coercive removal
can only be taken pursuant to Article 136 (1) and (2), after consultation
to the member state of the European Union that granted him the status.
3-In the event of a coercive removal to the territory of the member state of the
European Union that granted you the status of long-term resident,
the competent authorities are notified of the decision by the SEF.
CHAIR OF THE COUNCIL OF MINISTERS
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4-SEF takes all measures to effectively execute such a decision and
inform the competent authorities of the Member State of the Union
European, which granted the status of long-term resident to the person
in question, of the measures adopted in respect of the implementation of the
decision of coercive removal.
Article 138.
[...]
1-The foreign citizen who between or illegally stays in territory
national may not be held in accordance with Article 146, but notified
by SEF to voluntarily abandon the national territory on time
that is fixed to you, between 10 and 20 days.
2-[...].
3-The time frame referred to in the preceding paragraphs may be extended by the SEF
taking into account, in particular, the duration of the stay, the existence of
children who attend school and the existence of other members of the family
and of social ties, of this being notified the foreign citizen.
4-In the event of a decision to cancel a residence permit in the
terms of Article 85, where there is danger of leakage or if it has been undue
application for an extension of permanence by manifestly unfounded or
fraudulent, or if the person in question constitutes a threat to the order
or public safety or for national security, the foreign citizen is
notified to immediately abandon the national territory, under penalty of
incurring the crime of qualified disobedience.
5-[...].
CHAIR OF THE COUNCIL OF MINISTERS
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Article 140.
Competent entities
1-A The decision of coercive removal can be determined, in the terms of the
present law, by competent administrative authority.
2-Compete equally to the national director of the SEF the archiving decision
of the process.
3-A judicial decision for expulsion is determined by judicial authority
competent.
4-A The expulsion decision is either the nature of an ancillary penalty or is adopted
when the foreign citizen object of the decision has entered or
stayed regularly in Portugal.
Article 141.
[...]
1-It is competent to send out coercive removal proceedings and
to order the continuation of the autos, determining, inter alia, the
your submission to the competent court, the national director of the SEF, with
delegation competence.
2-[...].
CHAIR OF THE COUNCIL OF MINISTERS
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Article 143.
[...]
1-The coercive removal and expulsion cannot be effected to
any country where the foreign citizen may be persecuted by the
grounds that, under the law, justify the granting of the right of asylum or
where the foreign citizen may suffer torture, inhuman treatment or
degrading in the acetation of Article 3 of the European Convention on the Rights of the
Man.
2-[...].
3-In cases referred to in the preceding paragraph the target is forwarded to
another country that accepts it.
Article 144.
[...]
To the foreign citizen subject to removal is vetted the entry into territory
national for no period of less than five years.
Article 145.
Coercive removal
Without prejudice to the application of the readmission regime, the coercive removal only
may be determined by administrative authority on the grounds of
illegal entry or stay on national territory.
CHAIR OF THE COUNCIL OF MINISTERS
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Article 146.
Trames of the coercive removal decision
1-The foreign citizen who between or illegally stays in territory
national is held by police authority and, where possible, delivered to the
SEF, accompanied by the self-respecting self, owing the same to be present, in the
maximum term of 48 hours from detention, to the judge of the judgment of
small criminal instance, in the respect area of jurisdiction, or of the court of
comarch, in the remaining areas of the country, for validation and eventual application of
coating measures.
2-If the placement in temporary installation centre is determined or
equated space, knowledge is given to the SEF for promoting the
competent process aiming at the removal of the foreign citizen from the
national territory.
3-A The placement provided for in the preceding paragraph may not extend to more
time than necessary to allow for the execution of the decision of
coercive remoteness, without which it can exceed 60 days.
4-If no placement in the temporary installation centre is determined, it is
also made the communication to the SEF for the purposes indicated in paragraph 2,
notifying you of the foreign citizen of which you are to appear in the respect
service.
5-Not organized process of coercive removal against the citizen
foreign that:
a) Having entered irregularly on the national territory, submit application
of asylum to any police authority within the forties and eight
hours after your entry;
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42
b) Be holder of a valid residence permit or other title, which
confers on you right of permanence in another member state and
fulfill your obligation to address immediately to that State
member;
c) Be readmitted or accepted at the request of another Member State of the Union
European, in accordance with agreements or conventions
international celebrated in that sense, as long as it is bearer of
title that empowers you to stay or reside legally in territory
national;
d) Be a holder of a residence permit or other title
empowering your legal stay on national territory, in
compliance with the legal provisions in force.
6-The foreign citizen in the conditions referred to in paragraph a) of the number
previous awaits at liberty the decision of your application and must be informed
by the SEF of its rights and obligations, in harmony with the provisions of the law
regulator of the right of asylum.
7-[...].
Article 149.
Decision of coercive removal
1-A The decision of coercive removal is the competence of the national director of the
SEF.
2-A The decision of coercive remoteness is communicated by electronic means to the
ACIDI, I.P., and the Advisory Board and notified to the person against whom
has been instituted the process with an indication of its grounds, of the right
of judicial impugment and of the respective term, as well as of their enrollment in the
Schengen Information System or the national list of people not
admissible.
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3-A The decision of coercive remoteness contains compulsorily:
a) [...];
b) The legal obligations of the national of the third country subject to the decision of
coercive remoteness;
c) [...];
d) [...].
Article 150.
[...]
1-A Decision of coercive removal, delivered by the national director of the SEF,
is susceptible to judicial challenge with devolutive effect to the
administrative courts.
2-The provisions of the preceding paragraph shall be without prejudice to the right of the citizen
foreign from resorting to urgent processes, or with suspensive effect,
provided for in the administrative procedural law.
3-The foreign citizen enjoys, on request, the benefit of legal protection,
applying with due adaptations to Law No 34/2004 of July 29,
in the scheme provided for the appointment of defender of defendants for representations
urgent.
4-A The request of the person concerned may be provided for translation services and
interpretation for the purposes of the judicial challenge referred to in paragraphs 1
and 2.
Article 151.
[...]
1-[...].
CHAIR OF THE COUNCIL OF MINISTERS
44
2-[...].
3-[...].
4-Being enacted the incidental penalty of expulsion, the judge of execution of feathers
orders your execution as soon as fulfilled:
a) Half of the penalty in cases of conviction in penalty equal to or less than 5
years of imprisonment;
b) Two thirds of the penalty in cases of conviction in penalty of more than 5
years of imprisonment.
5-The feathering judge may, under a reasoned proposal from the director
of the prison establishment, and unopposed by the convict, decide the
anticipation of the execution of the expulsion incidental penalty as soon as fulfilled
a third of the penalty, in cases of conviction in penalty equal to or less than 5
years of imprisonment and as long as you are ensuring compliance with the
remnant of the penalty in the country of destination.
Article 159.
[...]
It is incumbent upon the SEF to give execution to the decisions of coercive removal and
expulsion.
Article 160.
[...]
1-To the foreign citizen against whom an expulsion decision is handed down
coercion or judicial expulsion is granted an exit term of territory
national, between 10 and 20 days
CHAIR OF THE COUNCIL OF MINISTERS
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2-In duly substantiated situations, particularly when
check out concrete reasons and objective generators of intent conviction
of leakage, whenever the national of a third State uses documents
false or falsified, or has been debunked in situations that indict the
practice of a crime, or there are serious reasons to believe that you have committed acts
serious criminals or strong evidence that it intends to commit acts of that
nature, the citizen is handed over to the custody of the SEF, with a view to the execution of the
decision to coercion or judicial expulsion.
3-May be required to the competent judge, while no decision is executed
of coercive removal or judicial expulsion, and while not expiring the
term referred to in paragraph 1, that the foreign citizen shall be subject to the scheme:
a) From placement in temporary installation center or space
equated, for period not exceeding sixty days;
b) [...];
c) [...];
d) Of payment of a surety.
4-During the time granted will be taken into account the needs
special persons of vulnerable persons, in particular of the minors, persons with
disability, elderly, pregnant, single-parent families with minor children and
people who have been victims of torture, rape or other forms
graves of psychological, physical or sexual violence.
5-During the time limit granted for voluntary departure the foreigner has
right to the maintenance of the family unit with the family members
present in the national territory, to the provision of urgent health care and
to the basic treatment of diseases and, if it is minor, access to the system of
public education.
CHAIR OF THE COUNCIL OF MINISTERS
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6-The deadline set out in paragraph a) of paragraph 3 may be higher, although it cannot
never exceed the four months, in cases where there are, in respect of
foreign citizen, strong evidence of having practiced or intending to practise
facts punishable serious, or have been convicted of felony felony, or
constitute a threat to the public order, to national security or
for the international relations of a member state of the European Union
or of states where they behold the Convention of Application.
Article 161.
Disobedience to the decision
1-[...].
2-If it is not possible to implement the decision of coercive removal or of
expulsion within forty-eight hours after detention, is given
knowledge of the fact to the judge of the judgment of small criminal instance, in the
respects area of jurisdiction, or of the court of comarch, in the remaining areas
of the country, in order to be determined the maintenance of the foreign citizen in
temporary installation center or in equiped space.
Article 162.
Communication of the decision
The execution of the decision of coercive removal or expulsion is communicated,
by the diplomatic route, to the competent authorities of the country of destination of the citizen
foreign.
Article 168.
[...]
1-[...].
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2-Are readmitted, immediately and without formalities, on national territory,
the nationals of third States who:
a) Have acquired the status of long-term resident in
Portugal, as well as their relatives, whenever they have been
subject to a decision of coercive removal from the member state
where they exercised their right of residence;
b) Be holders of residence permit ("EU blue card"),
issued pursuant to Articles 121-A and following, as well as the
your family members, yet that one is lapsed or has been
withdrawn during the analysis of the application, whenever they have been subject
to a decision of coercive removal from the member state to where
have shifted to highly skilled labour effects;
c) Be the object of application for acceptance formulated by another State
member of the European Union, under agreements or conventions
in that sense, on the condition that they are bearers of securities that the
enable you to stay or reside legally on national territory.
3-[...].
Article 182.
[...]
1-[...].
2-[...].
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3-To criminal responsibility for the practice of crimes provided for in the articles
183. to 185.-A, add to the civil liability for the payment of all
expenses inherent in the stay and removal of foreign citizens
involved, including any expenses with shipping costs to the country
of origin of monies arising from labour credits in debt.
Article 183.
Auxilio to illegal immigration
1-[...].
2-Whoever favouring or facilitating, by any form, the entry, the permanence
or the illegal transit of foreign citizens on national territory, with
lucrative intent, is punished with a prison sentence of 1 a to 6 years.
3-[...].
4-[...].
5-[...].
Article 184.
[...]
1-Who to promote or funten group, organization or association whose
purpose or activity is directed to the practice of the crimes provided for in the article
previous is punished with a prison sentence of 1 a to 6 years.
2-Intakes in the same penalty who is part of such groups, organizations or
associations, who support them or provide aid in order to recruit new
elements.
3-Who to head or direct the groups, organizations or associations
mentioned in the previous numbers is punished with prison sentence of 2 a
10 years.
CHAIR OF THE COUNCIL OF MINISTERS
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4-[...].
5-[...].
Article 185.
Illegal labor angariation
1-Who, with lucrative intent, for you or for third, grooming or angling
with the aim of introducing into the citizens job market
foreigners not enabled with a residence permit or visa that
enable the exercise of a professional activity is punishable by
prison from 1 a to 6 years.
2-Whoever, in a repeated manner, practising the acts provided for in the preceding paragraph, is
punished with a prison sentence of 2 a to 8 years.
3-[...].
Article 186.
Marriage or union of convenience
1-Who to contract marriage or live in de facto union with the only goal
of providing for obtaining or obtaining a visa, a permit to
residency or an EU blue card or defraud current legislation in
matter of acquisition of nationality is punished with imprisonment of 1 a to 6
years.
2-Who, in a repeated or organized manner, foster or create conditions for
the practice of the acts provided for in the preceding paragraph, is punishful of
prison from 2 a to 8 years.
3-[...].
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Article 195.
Lack of airport scale visa
The carriers as well as all how many in the exercise of an activity
professional transport to national airport foreign nationals no
enabled with a scale visa when it lacks to become subject, by every citizen
foreign, to the application of a fine of € 4000 a € 6000, in the case of persons
collectives, and from € 3000 a to € 5000, in the case of natural persons.
Article 196.
[...]
Carriers that have not transmitted the information to which they are obliged
in accordance with Articles 42 and 43, or which have transmitted it in a manner
inaccurate, incomplete, false or after the deadline, are punishable, by each trip, with
fine of € 5000 a € 7000, in the case of collective persons, or of € 4000 a € 6000, in the
case of natural persons.
Article 198.
[...]
1-[...].
2-By the practice of the counterordinations provided for in the preceding paragraph may be
applied the ancillary sanctions provided for in Articles 21 and following of the
general regime of the counterordinations.
3-[ Revoked ].
4-[ Revoked ].
5-[ Revoked ].
6-[ Revoked ].
CHAIR OF THE COUNCIL OF MINISTERS
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7-[ Revoked ].
8-[ Revoked ].
9-[ Revoked ].
10-[ Revoked ].
Article 202.
[...]
1-[...].
2-[...].
3-The embarkation and disembarkation of foreign citizens outside the posts of
qualified border for that purpose, and in infraction to the provisions of paragraph 1 of the
article 6, constitutes against an ordinance punishable with a fine of € 50000 a
€ 100000.
4-[...].
Article 207.
[...]
1-A The application of the fines and ancillary penalties provided for in the present
chapter is the competence of the national director of the SEF, who can delegate it,
without prejudice to the specific skills assigned to other entities
in respect of the provisions of Article 198 (9).
2-[...].
Article 208.
[ Revoked ]
CHAIR OF THE COUNCIL OF MINISTERS
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Article 210.
[...]
1-[...].
2-[...].
3-Benefit from exemption or reduction of fees the nationals of third countries
when in these countries it is ensured identical treatment to citizens
Portuguese.
Article 213.
[...]
1-[...].
2-[...]:
a) Of the members of the household of the foreign citizen object of the
decision to coercion or judicial expulsion when he / she
depend and as long as these can't bear the respects
charges;
b) [...].
3-[...]. "
Article 3.
Addition to Law No. 23/2007 of July 4
They are deferred to Law No. 23/2007 of July 4, Articles 61-A, 90.-A, 121.-B, 121
121.-C, 121.-D, 121.-And, 121.-F, 121.-G, 121.-H, 121.-I, 121.-J, 121.-K, 146.
180.-A, 185.-A, 198.-A, 198.-B and 198. ºC, with the following essay:
CHAIR OF THE COUNCIL OF MINISTERS
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" Article 61.
Residence visa for highly qualified activity exercised by worker
subordinate
1-It is granted residency visa for the exercise of a highly
qualified person exercised by a subordinate worker to nationals of States
third parties that:
a) Be a contract holder of employment contract or pledge of contract
valid work with at least one year of duration, to which
match an annual remuneration of at least 1.5 times the
national average gross annual salary, or three times the indexing value
of social supports (IAS);
b) In the case of regulated profession, be a holder of qualifications
high professionals, duly proven with respect to the
provisions of Law No 9/2009 of March 4, or in specific law
on the recognition of professional qualifications,
necessary for the access and exercise of the profession indicated in the
work contract or contract promise of employment; or
c) In the case of unregulated profession, be a holder of qualifications
high professionals suitable for the specified activity or sector
in the contract of employment or contract promise of employment.
2-For employment effects in occupations belonging to large groups 1
and 2 of the International Classification Type (CITP), indicated by Resolution
of Council of Ministers, upon prior opinion of the Commission
Permanent of Social Concertation, as professions particularly
in need of national workers from third states, the threshold
salary set out in paragraph a) of paragraph 1 may be at least 1.2 times the
national gross salary, or twice the value of the IAS.
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3-When there is doubt as to the framework of the activity and to
effects of verification of the suitability of the professional experience of the national
of the third State, the ministries responsible for the areas of employment and
of education and science issue opinion prior to the granting of the visa.
Article 90-The
Residence permit for investment activity
A residence permit is granted to nationals of third States, to
effects of exercise of an investment activity, to those who:
a) They fulfil the general requirements set out in Article 77, with
exception of point a) of paragraph 1;
b) Be holders of valid Schengen visas;
c) Regularize the stay in Portugal within the term of ninety days to
counting from the date of the first entry into national territory; and
d) They fulfil the requirements set out in the d) of Article 3.
Article 121-The
Beneficiaries of the "EU Blue Card"
1-A residence permit "EU blue card" is the title of residence that
empowers its holder to reside and exercise, in national territory, a
highly qualified activity, in the terms and in accordance with the provisions of the
present section.
2-The beneficiaries of the "EU Blue Card" are entitled to family reunification
in the terms of Section IV.
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3-Cannot benefit from "EU Blue Card" the nationals of States
third parties that:
a) They are authorised to reside in a member state under the
temporary protection, or have required residence permit
for that reason and they are awaiting a decision on their status, well
as the beneficiaries of the protection granted under the Act
n. 27/2008 of June 30 or that have required such protection
and are awaiting a definitive decision on their status;
b) Who are family members of citizens of the European Union, in
compliance with Law No. 37/2006 of August 9;
c) Have required or are holders of residence permit
for research activity, pursuant to Art. 90 (1);
d) Benefit from the long-term resident status (EU), in the
terms of the points a) and b) of Article 116 (1);
e) Remain in Portugal for reasons of temporary character, for
exercise activities of trade, related to investment,
as seasonal workers or seconded within the framework of a
provision of service;
f) By virtue of an agreement concluded between the European Union and the State
third of nationality benefit from rights in free
circulation equivalent to those of the citizens of the European Union; or,
g) Have your expulsion suspended for reasons of fact or law.
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Article 121-B
Conditions for the granting of "EU Blue Card"
1-Is granted "EU blue card" for the purpose of exercise of activity
highly qualified to the national citizen of State third party who, in addition
of the conditions laid down in Article 77, to the exception of that provided for in paragraph (e) of the
n. 1 of this, fulfils, cumulatively, the following requirements:
a) Present contract of work compatible with the exercise of a
highly qualified activity and duration of not less than one year, the
that corresponds to an annual salary of at least 1.5 times the salary
gross average or, in the cases provided for in Article 61 (2), of,
at least, 1.2 times the national average gross salary;
b) Possess health insurance or present demonstrative that if
is found covered by the National Health Service;
c) Be enrolled in social security;
d) In the case of unregulated profession, present paper
proof of high professional qualifications in the activity or
sector specified in the contract of employment or in the promise contract
of contract of employment;
e) In the case of regulated profession indicated in the contract of employment
or in the contract promise of contract of employment, present
supporting document certifying professional certification, when
applicable.
2-The applicant may be waived from the requirement referred to in point a) from the
n Article 77 (1) where it is the holder of a valid right of residence in
national territory.
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3-For the purposes of the d) of paragraph 1 shall apply to the provisions of paragraphs 3 and 4 of the
article 61.
4-The application for the granting of "EU blue card" is undue on the following
situations:
a) When the employing entity has been sanctioned by use
of illegal activity of foreign workers in the last five
years;
b) For reasons of public order, public safety or health
public.
Article 121-C
Competence
They shall be competent for the decisions provided for in this section:
a) In the cases of cancellation, the member of the Government responsible for the
area of internal administration, with faculty of delegation in the director
national of the SEF;
b) In the remaining cases, the national director of the SEF, with faculty of
delegation.
Article 121-D
Procedure
1-The request for "EU Blue Card" must be submitted by the national of a
State third party, or by your employer, along the direction or delegation
regional SEF of your area of residence.
2-The application is accompanied by the supporting documents that the
applicant fills out the conditions set out in Article 121.
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3-If the information or documents provided by the applicant are
insufficient, the analysis of the application is suspended, sendoe requested the
additional information or supplementary documents required, which should be
made available within not less than twenty days fixed by the SEF.
4-A decision on the application is notified to the applicant, in writing, in time
not more than 60 days.
5-The decisions to dismiss the grant or the renewal of the " Card
blue EU ", as well as those of cancellation of that card, are notified by
written to the recipient's respect, or to their employer, with an indication of the
respects fundamentals, the right of judicial challenge and the respect
deadline.
Article 121-And
Validity, renewal and issuance of "EU blue card"
1-The "EU Blue Card" has the initial validity of one year, renewable by
successive periods of two years.
2-A renewal of "EU Blue Card" must be requested by the interested until
thirty days before they expire their validity.
3-The "EU blue card" is issued in accordance with the uniform title model
of residence for nationals of third States as provided for in
Portaria No. 1432/2008 of December 10, and shall be entered in the heading
"Type of Title" the designation "EU Blue Card".
4-It shall apply to the issuance of the "EU Blue Card" the provisions of Article 212.
Article 121-F
Cancellation or improper renewal of the "EU blue card"
1-The "EU blue card" is cancelled whenever:
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a) The card has been granted on the basis of false statements or
deceptive, false documents, falsified or altered, or through the
use of fraudulent means;
b) If you find proven the practice of serious punishable facts by your
holder or when there are strong indications of that practice or that the
holder intends to commit acts of that nature, specifically in the
territory of the European Union;
c) If there are to be reasons of public order, of public safety
or public health.
2-A The renewal of the "EU Blue Card" is only dewound when, cumulatively:
a) The holder fulfils or continues to fill in the conditions of entry and
of residence provided for in this section or when they hold
the conditions that allowed the issuance of the document;
b) The cardholder possesses sufficient means of subsistence, such
as defined by porterie of the responsible government members
by the areas of internal administration and social security, having
present, in particular, the omission of recourse to the support of the
social security, excluding unemployment benefit;
c) The incumbent has not been convicted of felony felony in penalty or
penalties that, either isolated or cumulatively, exceed 1 year in prison;
d) Do not be raised questions of public order, public safety or
of public health.
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Article 121-G
Access to the labour market
1-During the first two years of legal employment in national territory, the
access of the holder of the "EU blue card" to the labour market is limited
to the exercise of gainful activities that fulfil the conditions
referred to in Article 121.-B.
2-During the first two years of legal employment in national territory
as the holder of a "EU Blue Card", the modifications that affect the
concession conditions must be object of communication, if possible
prior, in writing, to SEF.
Article 121-H
Equal treatment
1-The holders of "EU Blue Card" benefit from treatment equal to that of the
national, as far as:
a) The conditions of work, including remuneration and dismissal,
as well as the health and safety requirements at work;
b) To freedom of association, membership and adherence to an organization
representative of workers or employers, or any
organization whose members dedicates themselves to certain occupation,
including the advantages provided by these type of organizations,
without prejudice to the national provisions on order and
public safety;
c) To vocational education and training, in the terms of the requirements
defined in the applicable law;
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d) To the recognition of diplomas, certificates and other qualifications
professionals, in accordance with applicable law;
e) To the applicable provisions relating to social security;
f) To the payment of the rights to the statutory pension for old age, acquired with
basis on the incomes and the applicable rate;
g) To access to goods and services and to the provision of goods and services to the
public, including the formalities of obtaining accommodation, well
how the information and advice provided by the services of
employment;
h) To free access to the entire national territory.
2-The right to equal treatment as set out in paragraph 1 no
undermines the right to cancel or dismiss the EU blue card under the terms of the
article 121.-F.
3-It may be limited to equal treatment in the fields listed in the
n. 1, with the exception of points b) and d ), when the holder of a blue card of
another member state moving into the national territory, under the terms of the
article 121-L, and no positive decision has yet been made as to
to the granting of the EU blue card in Portugal.
4-In cases where the decision referred to in the preceding paragraph has not been yet
adopted and the candidate is allowed to work, equal treatment
is full.
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Article 121-I
Status of long-term resident for holders of "EU Blue Card"
1-To the holders of "EU Blue Card" who wish to benefit from the status of
long-lasting resident is applicable to the provisions of Articles 125 to 133,
with the constant adaptations of the following numbers.
2-The status of long-term resident may be granted to the holder of
an "EU blue card" that has obtained "EU blue card" in Portugal in the
terms of Article 121-B, provided that they are cumulatively filled
the following conditions:
a) Five years of legal and uninterrupted residency in the territory of the Union
European as a holder of "EU Blue Card"; and
b) Legal and uninterrupted residence in Portuguese territory as a holder of
"EU blue card", in the two years immediately preceding the
presentation in Portugal of the respect application.
3-For the purposes of the provisions of this Article in the calculation of the
period of legal and uninterrupted residence in the European Union, the periods of
absence of the territory of the European Union does not interrupt the period
referred to in para. a) of the preceding paragraph, provided that they are less than 12
consecutive months and do not exceed, in totality, 18 months.
4-The provisions of the preceding paragraph shall also apply in cases where the
national citizen of the State third party has resided only in territory
national as a holder of "EU blue card".
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5-To the loss of the status of the long-term resident for former holders of
'EU Blue Card' applies as provided for in Article 131 with the necessary
adaptations with respect to the time limit referred to in paragraph c) of paragraph 1 of the same
article, which is extended to 24 consecutive months.
Article 121-J
Long term residence permit
1-To the holders of an "EU Blue Card" that fulfil the conditions
established in the previous article for the attainment of the status of resident of
long duration is issued an EU long term residence permit.
2-In the heading "observations" of the title of residence referred to in the number
previous, must be inscribed "Ex-holder of an EU blue card".
Article 121-K
Residence permit for holders of 'EU Blue Card' in another member state
1-The holder of "EU Blue Card" who has resided at least 18 months
as the holder of "EU Blue Card" in the member state that lho granted
for the first time, you can move to Portugal for the purpose of exercise
of a highly skilled activity and make yourself follow up with your
family.
2-The applications of "EU Blue Card" on national territory and, where applicable,
of a residence permit for the purposes of family reunification, must
be submitted no later than 30 days after entry into national territory
of the holder of "EU Blue Card" from another member state.
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3-The application referred to in the preceding paragraph is accompanied by the documents
evidence of the situation referred to in paragraph 1 and that it fulfils the conditions
of Article 121 (1)-B, following the remaining tramites provided for
statement and decision of the order.
4-The application may be dismissed in accordance with Article 121 (4)-B or if the
"EU Blue Card" issued by the other member State has lapsed or
was cancelled during the analysis of the order.
5-In the case of rejection of the application and without prejudice to the provisions of the number
next, the national citizen of State third party and its entity
employer are jointly and severally responsible for the expenses associated with the
return and the readmission of the "EU blue card" holder and their relatives.
6-When the application is dismissed on the grounds of paragraph a) of paragraph 4 of the
article 121-B the liability for the expenses referred to in the number
previous is unique to the employing entity.
7-The decisions rendered on the applications submitted pursuant to the
this article are communicated, in writing, by the SEF to the authorities of the
State member of which comes the holder of the "EU blue card",
preferentially by electronic means.
Article 146-The
Conditions of detention
1-The foreigner held in temporary installation center or space
equated is authorized, on request, to timely contact its
legal representatives, their relatives and the consular authorities
competent.
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2-The foreigner held in temporary installation center or space
equiped you are entitled to communicate with your lawyer or defender in
private.
3-The foreigner held in temporary installation center or space
equated with the right to the provision of urgent health care and to the
basic treatment of diseases, and special attention should be given to the
situation of vulnerable persons, in particular minors, minors not
accompanied, people with disabilities, elderly, pregnant, families with
minor children and persons who have been victims of torture, rape or
other serious forms of psychological, physical or sexual violence.
4-Within the scope of the management powers of temporary reception centres
conferred on SEF, protocols with organisations can be concluded with
national or international with recognized work in the area of immigration,
aiming to define the form of authorization and conditions of visit to those.
5-The detained foreigner is provided document that they build the rules
applied in the temporary installation center or equiped space, which
indicate your rights and duties, particularly the right to contact the
entities referred to in paragraph 1.
6-The detained families must stay housed in separate locations that guarantee the
proper privacy.
7-The minors accompanied by detainees should have the possibility to participate
in leisure activities, notably in games and recreational activities
your own age, and, depending on the duration of the stay, must have
access to teaching.
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Article 180-The
Implementation of removal decisions
1-A decision of organization or participation of the Portuguese State on flights
common for remoteness of the territory of two or more member states
of national citizens of third countries object of removal decision
coercion or judicial expulsion is the competence of the national director of the
SEF.
2-A The said Decision-whether by principles of effectiveness through the sharing of the
existing resources and, in particular, by the observance of the Conventions or
international human rights agreements binding on the
Member states.
3-Whenever it is decided to arrange joint removal operation by way of
air open to the participation of the remaining member states should
compulsorily ensure:
a) The indispensable information to the competent national authorities of the
other member states, with a view to ascertaining the respective interest
to participate in the operation;
b) The implementation of the necessary measures to the appropriate
development of the joint operation having present,
in particular, the provisions of Article 4 of the Council Decision
n. 2004 /573/CE, of April 29, and respect attached.
4-For the purposes of the previous number the national organizing authority
commit, in harmony with the common guidelines in respect of
safety provisions set out in that Annex, to:
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a) Diligenate so that third country nationals are carriers
of valid travel documents, as well as of entry visas, if
necessary, for the country or countries of transit or destination of flight
common;
b) Providing appropriate medical, medicinal and linguistic assistance,
as well as the provision of the escort services, the performance of which is obeying
to principles of necessity, proportionality and identification
provided for in Article 180;
c) Monitoring each joint removal operation, upon
follow-up by the idonea entity, to be designated by dispatching the
member of the Government responsible for the area of internal administration;
d) Elaborate internal and confidential report of the joint operation of
remoteness by integrating, preferably and if they exist,
statements of incidents or the application of coercive measures or
medical and the partial reports of the other member states
participants.
5-Without prejudice to the observance of Council Decision No 2004 /573/CE and
respects annex, to the participation of the Portuguese State in the operations
joint ones organized by other member states, applies, with the
necessary adaptations, the constant regime of the present article.
Article 185-The
Use of the activity of a foreign citizen in illegal situation
1-Who, customarily, use the work of foreign citizens who
are not holders of residence permit or visa that empowers that
remain legally in Portugal, is punished with imprisonment for up to one
year or with penalty of fine up to 240 days.
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2-Who, in the cases referred to in the preceding paragraph, use, in
concurrent, the activity of a significant number of citizens
foreigners in illegal situation, is punished with imprisonment for up to two years
or penalty of fine up to 480 days.
3-Who to use the work of a foreign citizen, underage, in
illegal situation, even if admitted to provide work pursuant to the
Labour code, is punish-punished for up to two years or with
penalty of fine up to 480 days.
4-If the ducts referred to in the preceding paragraphs are accompanied by
particularly abusive or degrading working conditions, the agent is
punished with prison sentence of one to five years, if more serious penalty no
couber by force of another legal provision.
5-The employer or user of the work or citizen services
foreign in illegal situation, with the knowledge of being this victim of
criminal offences linked to human trafficking, is punishful of
imprisonment of two to six years, if more serious punishment does not fit by force of
another legal provision.
6-In the event of a recidivism, the limits of the penalties are high in the terms
general.
7-The penalties applicable to the entities referred to in Article 182 (1) are those of
fine, whose minimum and maximum limits are high at double, and may
still be declared the interdiction of the exercise of the activity by the period of
three months to five years.
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Article 198-The
Use of the activity of a foreign citizen in illegal situation
1-Who to use the activity of unauthorized foreign citizen with
residence permit or visa permitting the exercise of an activity
subordinate professional, shall be subject to the application of one of the following
fines:
a) From € 2000 a to € 10000, if you use the activity of one to four;
b) From € 4000 a to € 15000, if you use the activity from five to ten;
c) From € 6000 a to € 30000, if you use the activity from eleven to fifty;
d) From € 10000 a to € 90000, if you use the activity of more than fifty.
2-By the practice of the counterordinations provided for in this article may be
applied the following ancillary sanctions:
a) Those provided for in Articles 21 and following of the General Regime of the
Counterorders;
b) The obligation to refund some or all of the benefits, aid
or public subsidies, including funding from the European Union,
granted to the employer up to 12 months prior to the detetion of the
use of the activity of a foreign citizen in illegal situation,
when the counterordinance has been practiced in the exercise or by
cause of the activity in favour of which the allowance was allocated;
c) The publicity of the sentencing decision.
3-The sanctions referred to in points b) a g) of Article 21 (1) of the Regime
General of the Contraordinations, when applied by force of the provisions of the
previous number, have the maximum duration of five years.
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4-A ancillary sanction referred to in para. c) of paragraph 2 of this Article
assumes:
a) The publication, at the expense of the offender, of an excerpt with the
identification of the offender, the infraction, the violated standard and the sanction
applied, on the SEF portal on the internet, in a nationwide newspaper
and in regional or local periodical publication of the area of the headquarters of the
offender;
b) The dispatch of the excerpt referred to in the above point to the authority
competent administrative, whenever the exercise or access to the
service activity provided by the offender lacks permissions
administrative, specifically alvarás, licences, permits,
validations, authentications, certifications and acts issued in the sequence
of prior communications and registrations.
5-The employer, the user by force of contract provision of services,
of occasional ceding arrangement or temporary work use and the
general contractor are jointly and severally liable:
a) For the payment of the fines provided for in the previous figures and the
emerging wage credit claims from work contract, its violation
or cessation;
b) By the sanctions arising from the failure to comply with labour law;
c) By the sanctions arising from the non-declaration of income subject to
discounts for the tax administration and for social security,
concerning the work provided by the foreign worker whose
activity was used illegally;
d) For the payment of the necessary expenses for the stay and the removal
of the foreign citizens involved; and
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e) For the payment of any expenses arising from the sending of
monies arising from labour credits for the country to which the citizen
foreigner has returned voluntarily or coercively.
6-Respond also solidly, in the terms of the previous number, the owner
of the work that does not obtain from the other party counter-declaration of
compliance with obligations arising from the law in respect of
foreign workers hired.
7-Should the owner of the work be the Public Administration the default of the
willing previous number is susceptible to generating disciplinary responsibility.
8-For the purpose of accounting for wage and earnings credits
subject to discounts for the tax administration and for social security,
it is presumed that, without prejudice to the provisions of labour and tax law, the
level of remuneration corresponds to a minimum of the minimum consideration
monthly guaranteed by law, in collective conventions or according to
practices established in the sectors of activity concerned, and that the relationship of
work has, at a minimum, three months duration, save if the employer, the
user of the activity or the worker prove otherwise.
9-In the terms of labour law constitutes very serious counterordinance the
non-compliance with the obligations provided for in paragraphs 5 and 6.
10-In the event of non-payment of the amounts in debt relating to claims
wage arising out of work effectively provided, as well as by the
payment of the necessary expenses for the stay and removal of the
foreign citizens involved, the settlement note is effected in the
respect process constitutes executive title, applying the standards of the
common process of execution for right amount payment.
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11-If the offender is a collective or equiped person, they respond by the
payment of the fine, severally with the one, the respects
administrators, managers or directors.
Article 198-B
Support for the national citizen of third country whose activity was used illegally
1-The unions or associations of immigrants with representativeness
recognized, pursuant to the law, by the ACIDI, I.P., and other entities with
assignments or activities in the integration of immigrants, may present
denunciation against the employer and the user of the citizen activity
foreign in illegal situation, together with the service with inspection competence
of the ministry responsible for the labour area, particularly in the following
cases:
a ) For lack of payment of salary credits;
b ) By the existence of working relationship that reveals conditions of
social disprotection, wage or time exploitation or in
particularly abusive working conditions; or
c ) By illegal use of activity of minors.
2-Without prejudice to the provisions of the preceding paragraph, the organizations whose end
be it the defence or promotion of the rights and interests of immigrants,
particularly against the use of the activity of a foreign citizen in
illegal situation, the use of the activity of minors, the
discrimination concerning access to employment, training or the
conditions of the provision of independent or subordinate work, have
procedural legitimacy to intervene, in representation or in assistance
of the person concerned, provided that:
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a) Please include expressly in your assignments or your goals
statuary the defence of the interests in question; and
b) There is express authorization from the person concerned.
3-The return, volunteer or coercion, to the country of origin of the national citizen
of third country, whose activity is used illegally, is without prejudice to the
willing in the previous figures.
4-The national citizens of third countries whose activity is used
illegally who are the object of coercive removal decision of the
Portuguese territory are informed of the rights provided for in the present
article at the time of notification of the coercive removal decision, in the
terms of Article 149.
Article 198-C
Inspections
1-SEF is competent to carry out regular inspections in order to control the
use of the activity of third country nationals who find themselves in
irregular situation in the national territory, in accordance with Article 181 (2).
2-The inspections referred to in paragraph 1 are carried out taking into account the assessment
taken by the SEF of the existing risk in the national territory of use of the
activity of third country nationals in irregular situation, by sector of
activity.
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3-SEF transmits until the end of the month of May each year to the member of the
Government responsible for the area of internal administration, which will communicate to the
European Commission by July 1, final report of inspections
carried out in the terms of the previous figures and with reference to the year
antecedent. "
Article 4.
Regulation
The amendments to the regulatory diploma in Law No 23/2007 of July 4 arising from the
present diploma, as well as portaries and other normative in this implication, are
approved within 90 days.
Article 5.
Abrogation standard
The subparagraph shall be repealed. b) of Article 45, paragraphs 2 (2) and 5 of Article 47, Article 50, para. 3
of Article 51, the points a) and b) of Article 53 (1), paragraph 53 a) of Article 66, the points c)
and d) of Art. 125 (2), paragraphs 3 a to 10 of Article 198 and Article 208 of the Law
n. 23/2007, of July 4.
Article 6.
Systematic changes
1-Chapter VI with the denomination "Residence in national territory" passes dividing
in the following sections and subsections:
a) "Section I"-"General Provisions", composed of Articles 74 to 87;
b) "Section II"-"Authorization of residence";
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i) "Subsection I"-" Authorization of residence for exercise of activity
professional ", composed of articles 88 to 90.
ii) "Subsection II"-"Authorization of residence for investment activity",
comprised of Article 90-A;
iii) "Subsection III"-" Authorization of residence for study, internship
unpaid professional or volunteering ", composed of the articles
91. to 97.
iv) "Subsection IV"-"Authorization of residence for family reunification",
composed of Articles 98 to 108;
v) "Subsection V"-" Authorization of residence to victims of trafficking of persons
or of action to aid illegal immigration ", composed of Articles 109 to
115.
vi) "Subsection VI"-" Authorization of residence to holders of the status of
long-lasting resident in another member state of the European Union ",
composed of Articles 116 to 121;
vii) "Subsection VII"-"Residency permit" EU blue Card "", composed
by Articles 121 to 121.-K;
viii) "Subsection VIII"-"Authorization of residence in special situations",
composed of articles 122 to 124.
2-Sections II and IV of Chapter VIII go on to denominate respectively
"Coercive removal determined by administrative authority" and " Execution of the
decisions of coercive removal and judicial expulsion ".
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Article 7.
Terminological changes
The references made in Law No. 23/2007, of July 4 to " Minister of Business
Foreigners "," Minister of the Internal Administration "," Minister of Labour "," Minister of the
Education "," Minister of Social Solidarity "," Ministry of Science, Technology and Teaching
Superior "," Director General of the SEF "," Inspectorate-General of the Work "," CE Title "," CE ", and
"Resident CE", "community regime", "joint porterie" and "joint dispatch" are
substituted, respectively, by " member of the Government responsible for the area of business
foreigners "," member of the Government responsible for the area of internal administration ",
"member of the Government responsible for the area of employment", " member of the Government
responsible for the area of education and science "," member of the Government responsible for the area
of solidarity and social security "," Ministry of Education and Science "," national director
of the SEF "," Authority for the Conditions of Work "," EU Title "," EU "," Resident
EU "," regime of the European Union "," portaria "and" dispatch ".
Article 8.
Republication
It is republished in attachment to this diploma, of which it is an integral part, the Act
n. 23/2007, of July 4, with the current essay.
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Article 9.
Entry into force
This Law shall come into force 60 days after the date of its publication.
Seen and approved in Council of Ministers of March 22, 2012
The Prime Minister
The Deputy Minister and Parliamentary Affairs
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Attachment
(referred to in Article 8)
Republication of Law No. 23/2007 of July 4
CHAPTER I
General provisions
Article 1.
Object
The present law defines the conditions and procedures of entry, stay, exit and
removal of foreign citizens from Portuguese territory, as well as the status of
long-lasting resident.
Article 2.
Transposition of directives
1-This law transposes to the internal legal order the following directives of the European Union:
a) Directive No 2003 /86/CE of the Council of September 22 on the right to
family reunification;
b) Directive No 2003 /110/CE of the Council of November 25 on support
in the event of transit for the purposes of removal by air;
c) Directive No 2003 /109/CE of the Council of November 25 on the
status of nationals of third country residents of long duration;
d) Directive No 2004 /81/CE of the Council of April 29 on the title of
residence granted to nationals of third countries who are victims of the
trafficking in human beings or the object of an action to aid illegal immigration and
that cooperate with the competent authorities;
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e) Directive No 2004 /82/CE of the Council of April 29 on the obligation of
communication of passenger data by the carriers;
f) Directive No 2004 /114/CE of the Council of December 13 on the
conditions for admission of third country nationals for the purpose of studies,
of exchange of students, unpaid training or volunteerism;
g) Directive No 2005 /71/CE of the Council of October 12 on a
specific procedure for admission of third country nationals to
effects of scientific research.
h) Directive No 2008 /115/CE, of the European Parliament and of the Council, of 16 of
December, concerning common standards and procedures in member states
for the return of nationals from third countries in irregular situation;
i) Directive No 2009 /50/CE of the Council of May 25 on the conditions of
entry and residence of third country nationals for employment purposes
highly qualified;
j) Directive No 2009 /52/CE, of the European Parliament and of the Council, of 18 of
June, which sets out minimum standards on sanctions and measures against
employers of third country nationals in an irregular situation;
k) Directive No 2011 /51/UE, of the European Parliament and of the Council, of 11 of
may, amending Directive No 2003 /109/CE, of the Council, so as to extend the
its scope to the beneficiaries of international protection;
l) Directive No 2011 /98/UE, of the European Parliament and of the Council, of 13 of
december, relating to a single application procedure for granting a
single permit for third country nationals to reside and work
in the territory of a member state and to a set of rights for the
workers from third countries who legally reside in a member state.
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2-Concurrently proceeds to the consolidation in the national law of the transposition of the
following community acts:
a) Council Decision of November 28, 2002 on reinforcement
of the penal framework for the prevention of aid for entry, transit and residency
irregular;
b) Directive No 2001 /40/CE of the Council of May 28 on the
mutual recognition of removal decisions of nationals of countries
third parties;
c) Directive No 2001 /51/CE of the Council of June 28, which completes the
provisions of Article 26 of the Convention on the Application of the Schengen Agreement,
of June 14, 1985;
d) Directive No 2002 /90/CE of the Council of November 28 on the definition
of the aid at the entrance, the transit and the irregular residence.
Article 3.
Definitions
For the purposes of this Law shall be deemed to be:
a) "Highly skilled activity" the one whose exercise requires competencies
specialized or excecional techniques and, consequently, a
appropriate qualification for the respect of the exercise, specifically of teaching
top;
b) "Independent professional activity" any activity exerted personally,
within the framework of a contract for the provision of services, concerning the exercise of a
liberal profession or in the form of society;
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c) "Professional activity of a temporary character" the one that has seasonal character
or non-lasting, and may not exceed the duration of six months, except
when such activity is exercised in the framework of an investment contract;
d) "Investment activity" any activity exerted personally or through
of a society that leads, as a rule, to the realization of at least one
of the following situations on national territory and for a minimum period of five
years:
i) Transfer of capital in the amount equal to or greater than one million
euros;
ii) Creation of at least thirty jobs;
iii) Acquisition of immovable property of value equal to or greater than setecents and
fifty thousand euros.
e) 'Blue card EU' residence permit that empowers a national of a country
third to reside and to exercise, in national territory, a professional activity
highly qualified subordinate;
f) "Centre for research" any kind of body, public or private, or
research and development unit, public or private, which effectuate
research and be officially recognized;
g) "particularly abusive working conditions" conditions of work,
including those that result from discrimination based on gender or other, which
are manifestly disproportionate to those applicable to the
workers employed legally and that, for example, are susceptible to
affect the health and safety of workers and run counter to the dignity of the
human person;
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h) "Convention of Application" to the Convention of the Application of the Schengen Agreement,
of June 14, 1985, signed in Schengen on June 19, 1990;
i) "Decision of coercive removal" administrative act that declares the situation
irregular from a third country national and determines the outflow of the
national territory;
j) "Establishment of teaching" an establishment, public or private,
officially recognized and whose programs of study are recognized;
k) 'third State' any State which is not a member of the European Union
nor is it Party to the Convention of Application or where this one does not find itself in
application;
l) "unpaid intern" the national of a third state that has been
admitted to the national territory to carry out a period of training no
remunerated, pursuant to the applicable law;
m) 'Student of higher education' the national of a third state who has
been accepted by an establishment of higher education to attend, by title
of main activity, a full-time study programme, conducive to the
obtaining an academic degree or a diploma from higher education
recognised, and may cover a course of preparation for such studies or the
carrying out investigations for the achievement of an academic degree;
n) "Secondary school student" the national of a third state who has
been admitted to the national territory to attend secondary school, in the
frame of a recognized exchange program or upon admission
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individual;
o) "External borders" the borders with third states, airports, in
relating to flights that have as provenance or destination the
territories of States not bound to the Convention of Application, as well as
the seaports, save with regard to the connections in the Portuguese territory
and the regular links of transshipment between States Parties to the Convention of
Application;
p) "Internal borders" the common land borders with the States Parties to the
Implementing Convention, the airports, with regard to exclusive flights
and directly from or destined for the territories of the States Parties to the
Implementing Convention as well as the seaports as far as
to the regular connections of ships effectuin transshipment operations
exclusively from or destined for other ports in the territories of the
States Parties to the Convention of Application, without scale in ports outside these
territories;
q) "Investigator" a third state national holder of a qualification
suitable for higher education, which is admitted by a research centre
to carry out a research project that normally requires the said
qualification;
r) "volunteering program" a program of concrete activities of
solidarity, based on a program of the State or the Community
European, which pursues objectives of general interest;
s) "International protection" recognition by a member state of a
national of a third country or of a stateless person with the status of a refugee or
subsidiary protection status;
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t) "High professional qualifications" the qualifications evidenced by a
diploma in higher education, or proven for a minimum of five years of
professional experience of a level comparable to higher education qualifications
that is pertinent in the profession or sector specified in the contract of employment
or on the promise of contract of employment;
u) "Return" return of nationals from third states to the country of origin or from
provenance arising from a removal decision, or under the
community or bilateral readmission agreements or other Conventions, or
still to another third country of choice of the foreign citizen and in which it is
accept;
v) "Legal Resident" the foreign citizen entitled with title of residence in
Portugal, of validity equal to or greater than one year;
w) "Society" civil or commercial law societies, including societies
cooperatives and the other persons collective of public or private law, with
exception of those that do not pursue for-profit purposes;
x) "Title of residence" the document issued in accordance with the rules and the
uniform model in force in the European Union to the national of State third party
with a residence permit;
y) "Transit airport" the passage, for the purposes of the removal measure
by air, from the national of a third State and, if necessary, from its
escorts, by the enclosure of the airport;
z) "Carrier" any natural or collective person who will pay services of
air, sea or land transport of passengers, on a professional basis;
aa) "International port area of the port or airport" the area between the
boarding and disembarking points and the place where the points are installed
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of documentary control of people.
Article 4.
Scope
1-The provisions of this Law shall apply to foreign nationals and stateless persons.
2-Without prejudice to its subsidiary and express reference application to the contrary, the
present law shall not apply to:
a) Nationals of a Member State of the European Union, of a State Party in the
European Economic Area or of a third State with which the Community
European has concluded a free movement agreement of persons;
b) Nationals of third States who reside in national territory in the quality of
refugees, beneficiaries of subsidiary protection under the provisions
regulation of asylum or beneficiaries of temporary protection;
c) Nationals of third States members of the Portuguese citizen's family or of
foreign citizen covered by the previous points.
Article 5.
Special regimes
1-The provisions of this Law shall be without prejudice to the special special regimes of:
a) Bilateral or multilateral agreements concluded between the European Community or
the European Community and its member states, on the one hand, and one or more
Third States, on the other;
b) International conventions of which Portugal is a party or to which it is bound, in
special to those celebrated or to come to celebrate with official speaking countries
Portuguese, at the bilateral level or in the framework of the Community of Countries of Language
Portuguese Officer;
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c) Protocols and memorandums of understanding concluded between Portugal and states
third parties.
2-The provisions of this Law shall be without prejudice to the obligations arising from the Convention
Relating to the Status of Refugees, adopted in Geneva on July 28, 1951,
amended by the Additional Protocol to the Convention Relative to the Status of Refugees,
adopted in New York on January 31, 1967, of the international conventions in
matter of human rights and international conventions on extradition
of persons from which Portugal is a party or the one bound.
CHAPTER II
Entry and exit of the national territory
SECTION I
Crossing at the border
Article 6.
Border control
1-A entry and exit of Portuguese territory are effected by border crossings
qualified for this purpose and during the hours of the respective operating respects, without
prejudice to the provisions of the Convention of Application.
2-Are subject to control at border crossings the individuals entering into territory
national or his leave, whenever they come from or are intended for states that are not
Party to the Convention of Application.
3-The provisions of the preceding paragraph shall also apply to individuals who use a
internal swapping of a flight with origin or destination in states that are not Part in
Convention of Application.
4-The border control can be carried out on board ships, in navigation, by
application of the commander of the vessel or the shipping agent and payment of
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rate.
5-After carried out the exit control of a ship or vessel, the Service of
Foreigners and Borders, hereinafter referred to as SEF, issues disembarkation
of exit, constituting its lack an impediment to the departure of the ship from the port.
6-For reasons of public order and national security may, after consultation with the others
States Parties to the Schengen Agreement, be repurposed excecionally, for a period
limited, the documentary control at the internal borders.
Article 7.
International area of ports
1-A The international area of the ports is coincident in the area of jurisdiction of the administration
port with the vetted pier areas and in the free quay areas with the points of
boarding and disembarking.
2-A The international area of the ports still comprises the facilities of the SEF.
Article 8.
Access to the international area of ports and airports
1-The access to the international area of airports, in scale or in transfer of
international connections, by foreign citizens subject to the visa requirement
of scale, pursuant to this Law, shall be conditional on the title of the same.
2-A The international zone of the port is restricted and conditional access to the authorization of the
SEF.
3-Can be granted, by the responsible of the maritime border post, authorisations
of access to the international port area of the port for certain purposes, specifically
visit or provision of services on board.
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4-For the issuance of the access permits to the international port and entry area to
board of vessels is due a fee.
5-At sea border crossings may be granted permits to come to land a
boat crews and passenger ships, during the period in which the
same remain in the port.
6-A permit allows the beneficiary to circulation in the contiguous area to the port and is granted
by the SEF upon application by the navigation agents accompanied by the term of
responsibility.
7-Can be granted short-stay visas at the maritime border posts, in the
terms set out in this Law.
SECTION II
General conditions of entry
Article 9.
Travel documents and documents that replace them
1-For entry or exit from Portuguese territory foreign citizens have to be
holders of a recognized travel document as valid.
2-A The validity of the travel document must be superior to the duration of the stay, save
when it comes to the re-entry of a foreign national resident in the Country.
3-Can also enter the Country, or exit from it, the foreign citizens who:
a) Be nationals of states with which Portugal has conventions
international that allow them to enter with the identity card or
equivalent document;
b) They are covered by the relevant conventions between the States Parties to the
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Treaty of the North Atlantic;
c) Be carriers of laissez-passer issued by the authorities of the State of which they are
national or of the State that represents them;
d) Be carriers of the flight permit or the crewmember certificate to which if
refer Annexes N. 1 and 9 to the Convention on International Civil Aviation, or
of other documents that replace them, when in service;
e) They are carriers of the maritime identification document referred to in
Convention No 108 of the International Labour Organization, when in
service;
f) Be nationals of states with which Portugal has international conventions
that allow them to enter only with the maritime enrollment ballot, when
in service.
4-The laissez-passer provided for in paragraph c) of the previous number is only valid for transit and,
when issued in Portuguese territory, only allows for leaving the Country.
5-Can also enter the Country, or exit from it, with lapsed passport, the nationals
of states with which Portugal has international conventions in this direction.
6-May still leave the Portuguese territory the foreign citizens enabled with saved-
conduit or with travel document for coercive removal or judicial expulsion
of a national citizen of State third party.
Article 10.
Entry visa
1-For entry into national territory, they must also be foreign nationals
visa holders valid and appropriate for the purpose of the displacement granted under the terms of
this Act or by the competent authorities of the States Parties to the Convention of
Application.
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2-The visa entitifully enables its holder to present himself at a border post and to request the
entry in the Country.
3-You can, however, enter the Country without a visa:
a) Foreign citizens enabled with title of residence, extension of
remain or with the identity card provided for in Article 87 (2),
when valid;
b) The foreign citizens who benefit from that faculty in the terms of
international conventions of which Portugal is a Party.
4-The visa may be annulled by the issuing entity on foreign territory or by the SEF
on national territory or at the border crossings, when its holder is the object of
an indication for the purposes of non-admission to the Schengen Information System, in the
Integrated SEF Information System or pay false statements in the request for
grant of the visa.
5-A cancellation by SEF of visas under the terms of the preceding paragraph shall be communicated from
immediate to the issuing entity.
6-The decision to cancel is given knowledge by electronic means to the High Commissioner
for Immigration and Intercultural Dialogue, I.P., hereinafter referred to by ACIDI, I.P., and the
Advisory Council for Immigration Affairs, hereinafter referred to by Council
Advisory, with indication of the respected fundamentals.
Article 11.
Means of subsistence
1-No entry into the Country of foreign citizens who do not have any
sufficient means of subsistence, either for the period of the stay or for the journey to
the country in which your admission is guaranteed, or that they are not in a condition of
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acquire legally these means.
2-For the purpose of entry and stay, shall the foreigners have, in the means of
payment, per capita, of the values set by porterie of the members of the Government
responsible for the areas of internal administration, employment and social security, the
which can be waived to those who are likely to have food and accommodation secured
during the stay stay.
3-The quantitative set in the terms of the previous number are updated
automatically according to the percentages of increase in minimum pay
highest national.
Article 12.
Term of liability
1-For the purposes set out in the preceding article, the national of State third party may, in
alternative, present term of responsibility subscribed by national citizen or
foreigner enabled to stay regularly in Portuguese territory.
2-A acceptance of the term of liability referred to in the preceding paragraph depends on the
proof of the financial capacity of the underwriter's respected and includes compulsorily the
commitment to ensure:
a) The conditions of stay in national territory;
b) The repose of removal costs, in the event of an illegal stay.
3-The one provided for in the preceding paragraph shall not exclude the liability of the entities referred to in the
articles 198 and 198-A, provided that they have verified the assumptions made.
4-The term of liability shall constitute the executive title of the obligation laid down in paragraph b )
of paragraph 2.
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5-The model of the term of liability is approved by dispatching of the national director
of the SEF.
6-SEF ensures the implementation of a system of registration and file of the terms of
responsibility presented.
Article 13.
Purpose and conditions of the stay
Where this is judged necessary to substantiate the purpose and conditions of the stay to
border authority may require the foreign citizen the presentation of proof
proper.
SECTION III
Declaration of entry and bulletin of accommodation
Article 14.
Declaration of entry
1-Foreign citizens entering the Country by a border not subject to control,
coming from another member state, are required to declare that fact within three
working days from the date of entry.
2-A declaration of entry must be provided with the SEF, in the terms to be defined by
would pore from the member of the Government responsible for the area of internal administration.
3-The provisions of the preceding paragraphs shall not apply to foreign citizens:
a) Residents or authorized to stay in the Country for a period of more than six
months;
b) Which, soon after entry into the Country, settle in hotel establishments or
in another type of accommodation in which the provisions of Article 16 (1) are applicable;
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c) Who benefit from the European Union scheme or equated.
Article 15.
Newsletter of accommodation
1-The accommodation newsletter is intended to allow the control of foreign citizens in
national territory.
2-For each foreign citizen, including nationals of the other member states of the
European Union, is filled in and personally signed an accommodation bulletin, whose
model is approved by portaria of the member of the Government responsible for the area of
Internal Administration.
3-It is not mandatory to fill and personal signature of the bulletins by both
spouses and minors accompanying them, as well as by all members of a
travel group, and may this obligation be complied with by one of the spouses or by
a member of the said group.
4-With a view to simplifying the dispatch of the accommodation bulletins, the establishments
hoteliers and similar should proceed to their registration with the SEF as users
of the Information System of Accommodation Bulletins, so that they can proceed to the
respects electronic communication in safe conditions.
5-The duplicate bulletins and respect, as well as the substituted brackets referred to in the
previous number, are conserved by the time limit of one year counted from the day
next to that of the communication of the exit.
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Article 16.
Communication of accommodation
1-The exploitative companies of hoteliers, complementary means of
tourist accommodation or tourist assemblies, as well as all those who provide, the
onerous title, accommodation to foreign citizens, they are obliged to communicate it, in the
term of three working days, by means of an accommodation bulletin, to the SEF or, in the localities
where this one does not exist, to the Republican National Guard or to the Public Security Police.
2-Following the departure of the foreign citizen from the said accommodation, the fact shall be
communicated, in the same period, to the entities mentioned in the preceding paragraph.
3-The bulletins of accommodation produced pursuant to paragraph 4 of the preceding Article are
transmitted in a safe manner, in the terms to be defined by the member of the member of the
Government responsible for the area of the Internal Administration.
SECTION IV
Travel documents
SUBSECTION I
Travel documents issued by the Portuguese authorities in favour of citizens
foreigners
Article 17.
Travel documents
1-Portuguese authorities may issue the following travel documents in favour
of foreign citizens:
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a) Passport for foreigners;
b) Title of travel for refugees;
c) Save-conducto;
d) Travel document for coercive removal or judicial expulsion from
national citizens of third States;
e) List of travel for students.
2-The travel documents issued by the Portuguese authorities in favour of citizens
foreigners do not make proof of the nationality of the holder.
Article 18.
Passport for foreigners
The granting of the passport for foreigners obeys the provisions of own legislation.
Article 19.
Title of travel for refugees
1-Foreign citizens residing in the Country in the quality of refugees, under the terms of the
law regulator of the right of asylum, as well as refugees covered by the provisions of the
§ 11 of the Annex to the Convention Relative to the Status of Refugees, adopted in
Geneva on July 28, 1951, can obtain a model travel title to
approve by porterie of the member of the Government responsible for the area of the Administration
Internal.
2-The title of travel for refugees is valid for the period of one year, extended, and
can be used in unlimited number of trips, allowing for the return of its holder
within the respective term of validity.
3-The title of travel for refugees may include a single person or holder and children or
adopted minors of 10 years.
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4-No averbings are allowed in the travel title after issuance, with the exception
of the averbings relating to the validity extensions provided for in paragraph 2.
Article 20.
Competence for the granting of the title of travel for refugees
They are competent for the granting of the title of travel for refugees and respect
prolongation:
a) On national territory, the national director of the SEF, with faculty of
delegation;
b) Abroad, the Portuguese consular or diplomatic authorities,
upon assent of the SEF.
Article 21.
Issuance and control of the title of travel for refugees
1-A The issuance of the travel title for refugees lies with the competent entities for the
your grant.
2-Compete to SEF the national control and registration of the issued travel securities.
Article 22.
Conditions of validity of the travel title for refugees
1-The title of travel for refugees is only valid when filled in readable conditions
and with all the spaces used, when they are indispensable, or unusable, in case
contrary.
2-Are not consents to any amendments or rash of any nature.
3-The photographs to be used must be current, in colour, with contrasting background and smooth and with
good conditions of identification.
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4-A photograph of the holder and the signing of the issuing entity of the title of travel are
authenticated by the aposition of the white seal of the service.
5-The title of travel is signed by the holder, unless in the place indicated on the record, bet by the
issuing entity, statement of which it does not know or cannot sign.
Article 23.
Application for travel title for refugees
1-The application for travel title is formulated by the applicant himself.
2-The application for the title of travel for minors is formulated:
a) By any of the progenitors, in the constancy of matrimony;
b) By the parent who exercises parental power, in the terms of judicial decision;
c) By whom, in the absence of the progenitors, exercise, in the terms of law, parental power.
3-Addressing of declared subjects or inabilitated, the application is formulated
by whom to exercise tutelage or the curate on them.
4-The national director of the SEF may, in justified cases, supply, by dispatching, the
interventions provided for in paragraphs 2 and 3.
Article 24.
Limitations to the use of the travel title for refugees
The refugee who, using the travel title granted under the present law, has
state in country relatively to which it acquis any of the situations provided for in the
paragraphs 1 a to 4 of section C of Article 1 of the Convention Relative to the Status of
Refugees, adopted in Geneva on July 28, 1951, must munch on the title of
travel from that country.
Article 25.
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Misuse of the title of travel for refugees
1-Are seized by the authorities to whom they are presented and remitted to the SEF the
travel securities for refugees used in discompliance with the law.
2-Can be refused acceptance of the travel securities whose identification elements
of the individuals mentioned if they present non-compliant.
Article 26.
Save-conduit
1-Can be granted save-conduit to foreign citizens who, not residing in the
Country, demonsrem impossibility or difficulty leaving Portuguese territory.
2-In excectional cases, arising out of reasons of national interest or compliance
of international obligations, may be issued unless-conduit to foreign citizens
that, not residing in the Country, prove the impossibility of obtaining another document from
travel.
3-A the issuance of safe-conduit with the sole purpose of allowing the country to exit is from the
competence of the national director of the SEF, with faculty of delegation.
4-A safe emission-conduit with the exclusive purpose of allowing entry into the Country is
of the competence of the embassies and of the Portuguese career consular posts,
upon assent of the SEF.
5-The model of safe-conduit is approved by porterie of the member of the Government
responsible for the area of the Interna Administration.
Article 27.
Travel document for removal of national citizens from states
third parties
1-To the national citizen of State third party object of a decision of coercive removal
or judicial expulsion and which does not have a travel document is issued a
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document to this effect.
2-The document provided for in the preceding paragraph is valid for a single trip.
3-The model of the document is approved by porterie of the responsible Government member
by the area of internal administration.
SUBSECTION II
Travel documents issued by foreign authorities
Article 28.
Control of travel documents
Non-resident foreign citizens enabled with travel documents issued
on national territory by the diplomatic missions or foreign consular posts must
present them, within three days after the date of issue, to the SEF in order to be targeted.
SECTION V
Entry and exit of national students from third states
Article 29.
Entry and stay of students residing in the European Union
1-The national students of third States residing in the territory of the others
Member states of the European Union may enter and remain temporarily in
national territory without a need for a visa when lofing on school trip
organized by an officially recognized teaching establishment.
2-For the purposes of the previous number the students have to:
a) Being accompanied by a teacher from the educational establishment;
b) Be included in the list of the students taking part in the trip issued by the
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respects establishment, where it consents to its identification, as well as the goal
and the circumstances of the journey;
c) Possess valid travel document.
3-The requirement set out in paragraph c) of the previous number is waived when the students
they build on a list, duly authenticated by the competent entity of the State
member of provenance, which contains the following elements:
a) Recent photographs of the students;
b) Confirmation of your status as a resident;
c) Authorization of re-entry.
Article 30.
Outlet of students residing in the Country
National students of third States residing in national territory may
also leave for the other member states of the European Union, provided that
check the requirements of the previous article by competing to SEF the authentication of the list a
that rents out the same standard.
SECTION VI
Entry and exit of minors
Article 31.
Entry and exit of minors
1-Without prejudice to forms of tourism or juvenile exchange, the competent authority
must refuse entry to the Country to foreign citizens under 18 years when
unaccompanied by who exercises parental power or when in Portuguese territory
does not exist who, duly authorized by the legal representative, takes responsibility for
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by your stay.
2-Saved in excecional cases, duly justified, is not allowed to enter into
Portuguese territory of a minor foreigner when the holder of parental power or the
person to whom you are entrusted is not admitted to the Country.
3-If the smallest foreigner is not admitted into Portuguese territory, it shall also be
refused entry to the person to whom it has been entrusted.
4-It is refused the departure of Portuguese territory to resident foreigners who travel
unaccompanied by whom to exercise parental power and do not find themselves worldly
authorization granted by the same, legally certified.
5-To the unaccompanied minors who are awaiting a decision on their admission in the
national territory or on your repatriation should be granted all the support
material and the necessary assistance to the satisfaction of your basic needs of
food, hygiene, accommodation and medical assistance.
6-The unaccompanied minors can only be repatriated to their country of origin or
for third country that is willing to welcome them if there are guarantees that to the
arrival in them are assured of appropriate reception and assistance.
SECTION VII
Refusal of entry
Article 32.
Refusal of entry
1-A entry into Portuguese territory is refused to foreign citizens who:
a) Do not cumulatively meet the legal requirements of entry; or
b) Are indicated for the purposes of non-admission to the Information System
Schengen; or
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c) Be indicated for the purposes of non-admission to the Integrated System of
Information from the SEF; or
d) Constitute danger or grave threat to the public order, national security,
public health or for the international relations of member states of the Union
European as well as of states where they behold the Convention of Application.
2-A refusal of entry on grounds of public health reasons can only be based on
in diseases defined in the applicable instruments of the World Health Organization
or in other infectious or parasitic diseases contagious object of measures of
protection on national territory.
3-It may be required of the national of State third party to submit the medical examination, in order to
which is attested that does not suffer from any of the diseases mentioned in the number
previous, as well as the appropriate medical measures.
Article 33.
Indication for effects of non-admission
1-Are indicated for the purposes of non-admission to the Integrated Information System of the
SEF the foreign citizens:
a) Who have been the subject of a decision to coercion or expulsion
judicial of the Country;
b) Who have been re-sent to another country under an agreement of
readmission;
c) In relation to which there are strong indications of having practiced punishable facts
graves;
d) In relation to which there are strong indications that they intend to practice facts
serious punishables or of which they constitute a threat to the public order, to the
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national security or for the international relations of a member state of the
European Union or of States where the Convention of Application shall bevigour;
e) Which have been conducted at the border, pursuant to Rule 147.
2-Are further indicated in the Integrated SEF Information System for the purposes of not
admission to the recipients of support for voluntary return under Article 139,
being the deleted indication in the case provided for in paragraph 3 of that provision.
3-Can be indicated, for the purposes of non-admission, foreign citizens who
have been convicted of sentencing with transit on trial on deprivative penalty of
freedom of duration of not less than one year, yet this has not been fulfilled, or
who have suffered more than one conviction in identical sentence, albeit their
execution has been suspended.
4-Input interdiction measures that do not depend on deadlines set in the
terms of this law are periodically reappraised, with a view to their maintenance or
elimination.
5-Entry interdiction measures that have not been adjudicated judicially and
that they are subject to the deadlines set out in the terms of this Act may be
re-appreciated at all time, on the initiative of the national director of the SEF and listening to
humanitarian or national interest reasons with a view to eliminating it.
6-A The indication of a foreign citizen in the Schengen Information System depends
of a decision delivered by the competent entities of a State Party to the Convention of
Application.
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7-It is the competence of the national director of the SEF the appointment of a foreign citizen
in the Schengen Information System or the Integrated SEF Information System
for effects of non-admission.
Article 34.
Seizure of travel documents
When the refusal of entry funs into the presentation of false travel document,
falsified, alheio or fraudulently obtained, the same is seized and remitted to the
competent national or foreign entity, in accordance with the provisions
applicable.
Article 35.
Verification of validity of documents
The SEF may, in cases of doubt on the authenticity of the documents issued by the
Portuguese authorities, access the constant information of the process that allowed the
issuance of the passport, identity card or other any document used for
the crossing of the borders.
Article 36.
Limits to refusal of entry
With the exception of the cases referred to in points a ), c) and d) of paragraph 1, and paragraph 3 of the article
33., shall not be refused entry to foreign citizens who:
a) They were born in Portuguese territory and here habitually reside;
b) Have your child post minor children of Portuguese or foreign nationality,
in this case with legal residence in Portugal, on which they exercise
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effectively the parental power and to whom to ensure livelihood and education.
Article 37.
Competence to refuse entry
The refusal of entry into national territory is the competence of the national director of the SEF,
with faculty of delegation.
Article 38.
Decision and notification
1-A The decision to refuse entry is delivered after hearing from the foreign citizen, who
is worth, for all purposes, as an audience of the person concerned, and it is immediately
communicated to the diplomatic or consular representation of your country of origin.
2-A decision for refusal of entry is notified to the person concerned, in language that
presumably can understand, with indication of its fundamentals, of it owing
record the right of judicial challenge and the respect term.
3-It shall also be notified to the carrier for the purposes of the provisions of Article 41.
4-Whenever it is not possible to reembark the foreign citizen within
forty-eight hours after the decision of refusal of entry, of the fact is given
knowledge to the judge of the judgment of small criminal instance, in the respect of area of
jurisdiction, or of the court of comarch, in the remaining areas of the Country in order to be
determined the maintenance of that in temporary installation center or space
equated.
Article 39.
Judicial challenge
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The decision of refusal of entry is susceptible to judicial challenge, with effect merely
devolutive, before the administrative courts.
Article 40.
Rights of the foreign citizen not admitted
1-During the stay in the international zone of the port or airport or in the centre of
temporary installation or equiped space, the foreign citizen to whom it has been
refused entry into Portuguese territory can communicate with representation
diplomatic or consular of your country or with any person of your choice,
benefiting, equally, from interpreter and health care assistance, including
the presence of doctor, when necessary, and all the material support necessary to the satisfaction
of your basic needs.
2-To the foreign citizen to whom he has been refused entry into national territory is
guaranteed, in good time, access to legal aid by lawyer, at the expense of the
own or, on request, from the benefit of legal protection, applying with due
adaptations to Law No. 34/2004 of July 29 on the scheme provided for the appointment of
defender of defendants for urgent representations.
3-For the purposes of the provisions of the preceding paragraph, the guarantee of legal assistance to the citizen
non-admitted foreigner may be the subject of a protocol to be concluded between the Ministry
of the Internal Administration, the Ministry of Justice and the Order of Lawyers.
4-Without prejudice to the protection afforded by the asylum law, it is also guaranteed to
citizen who is object of decision to refuse entry to observance, with the
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necessary adaptations, of the scheme provided for in Article 143.
CHAPTER III
Obligations of carriers
Article 41.
Liability of carriers
1-A carrier that will proceed to transport to Portuguese territory, by air,
maritime or terrestrial, of a foreign citizen who does not gather the conditions of entry stay
thank you to promote your return, in the shortest possible time, to the
point where it started to use the means of transport, or, in the event of impossibility,
for the country where the respective travel document or for any other has been issued
place where your admission is guaranteed.
2-While not reboarding, the passenger is in charge of the carrier,
being of your responsibility the payment of the fee corresponding to the stay of the
passenger in the temporary installation center or equiped space.
3-Where this is warranted, the foreign citizen who does not gather the conditions of
entrance is removed from the Portuguese territory under escort, to which it is ensured by the SEF.
4-It is the responsibility of the carrier for the expenses to which the use of the escort der
place, including payment of the respect fee.
5-The provisions of the preceding paragraphs shall also apply in the case of refusal of entry
of a foreign citizen in transit when:
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a) The carrier that should forward it to the country of destination refuses to
embark;
b) The authorities of the State of destination have refused him entry and have
re-routed to Portuguese territory.
Article 42.
Transmission of data
1-The carriers providing passenger air transport services are
obliged to transmit, by the end of the boarding record and at the request of the SEF, the
information regarding passengers who carry up to a border post
through which they enter national territory.
2-The information referred to in the preceding paragraph includes:
a) The number, type, date of issue and the validity of the travel document
used;
b) The nationality;
c) The full name;
d) The date of birth;
e) The crossing point of the border at the entrance into the national territory;
f) The code of transport;
g) The time of departure and arrival of the transport;
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h) The total number of passengers included in that transport;
i) The starting point of boarding.
3-A The transmission of the data referred to in this article does not discharge the carriers
of the obligations and responsibilities provided for in the previous article.
4-The shipowners or the shipping agents who represent them, as well as the
commanders of the fishing vessels that sail in international waters,
present to the SEF the list of the crewmembers and passengers, without rash, amendments or
changes of the elements in it registered, and communicate the presence of stowaways to
board, forty-eight hours prior to arrival and up to two hours prior to the exit of the
vessel of a national port.
Article 43.
Treatment of data
1-The data referred to in the previous article are collected by the carriers and
transmitted electronically or, in the event of a breakdown, by any other means
appropriate, to the SEF in order to facilitate the execution of controls at the authorized post of
passage of the passenger's border crossing into the national territory.
2-SEF retains the data in a provisional file.
3-Following the entry of the passengers, the authority referred to in the preceding paragraph erases them
data within twenty-four hours from its transmission, unless they are
necessary for the exercise of the legal functions of the authorities responsible for the
control of passengers at external borders, under the law and in compliance
with Law No. 67/98 of October 26 on the protection of personal data.
4-Within the period of twenty-four hours from the arrival of the means of transport, the
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carriers eliminate the personal data by them collected and transmitted to SEF.
5-Without prejudice to the provisions of Law No 67/98 of October 26 on the protection of
personal data, the data referred to in the previous article may be used for
effects of the application of legal provisions on safety and public order.
Article 44.
Information for passengers
1-For the purposes of applying the provisions of Article 42, the carriers, at the time of
collection of the data, provide the following information to the passengers concerned:
a) Identity of the controller;
b) Purposes of the processing to which the data are intended;
c) Other information, taking into account the specific circumstances of the collection of the
data, necessary to guarantee the person concerned a loyal treatment of the
same, such as the recipients or categories of recipients of the data, the
mandatory character of the response, as well as the possible consequences of its
omission, and the existence of the right of access to data relating to it and the
right to rectify them.
2-When data has not been collected from the person to which they relate, the
responsible for your treatment, or your representative, provides the person concerned, in the
moment when the data is recorded or at the latest at the time of the first
communication of this data, the information referred to in the previous number.
CHAPTER IV
Visas
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SECTION I
Visas granted abroad
Article 45.
Types of visas granted abroad
Abroad can be granted the following types of visas:
a) Airport-scale visa;
b) [ Repealed ];
c) Short-lived visa;
d) Visa of temporary stay;
e) Visa for obtaining a residence permit, hereinafter referred to as a
residence.
Article 46.
Territorial validity of visas
1-Airport-scale and short-lived visas may be valid for a
or more States Parties to the Convention of Application.
2-Temporary and residence stay visas are valid only for the territory
Portuguese.
Article 47.
Individual visa
1-The individual visa is bet on individual or family passport.
2-[ Revoked ].
3-The visas granted abroad are granted in the individual form.
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4-[ Revoked ].
5-[ Revoked ].
Article 48.
Competence for the granting of visas
1-Are competent to grant visas:
a) The embassies and the Portuguese career consular posts, when you treat yourself
of airport-scale or short-lived visa-holders requested by holders of
diplomatic, service, official and special passports or documents of
travel issued by international organizations;
b) The career consular posts and the consular sections, in the remaining cases.
2-Compete to the entities referred to in the preceding paragraph request the opinions,
information and too much elements required for the instruction of the requests.
Article 49.
Airport-scale visa
1-The airport-scale visa is intended to allow its holder, when it uses a
international connection, the passage by an airport of a State Party to the Convention
of Application.
2-The holder of the airport-scale visa only has access to the international zone of the
airport, owing to continue the journey on the same or another aircraft, of harmony
with the title of transport.
3-Are subject to visa of scale the nationals of states identified in dispatch of the
members of the Government responsible for the areas of foreign affairs and the
internal administration or holders of travel documents issued by the said
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States.
4-The order provided in the preceding paragraph sets out the exceptions to the requirement of this type of visa.
Article 50.
[ Revoked ]
Article 51.
Short-lived visa
1-The short-lived visa is intended to allow entry into Portuguese territory to your
holder for purposes which, being accepted by the competent authorities, do not justify the
provision of another type of visa, specifically for the purpose of tourism and visiting or
monitoring of relatives who are granted temporary stay visa holders.
2-The visa may be granted with a period of validity of one year and for one or more
entries, not the duration of an uninterrupted stay or the total duration of the
successive estations exceed ninety days in each hundred and eighty days from the date of
first passage of an external border.
3-[ Revoked ].
Article 52.
General conditions for the granting of residence, temporary stay and
short duration
1-Without prejudice to special conditions applicable to the granting of each type of visa and of the
special arrangements set out in agreements, protocols or similar instruments, treaties
and international conventions of which Portugal is a Party, are only granted visas from
residence, temporary and short-stay stay to nationals of third States who
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they fulfil the following conditions:
a) Have not been subject to a measure of removal from the Country and find themselves
in the subsequent period of interdiction of entry into national territory;
b) Are not indicated for the purposes of non-admission to the Information System
Schengen by any of the Contracting Parties;
c) Are not indicated for the purposes of non-admission to the Integrated System of
Information from the SEF, pursuant to Rule 33;
d) They have means of livelihood as defined by the porterie of the
members of the Government responsible for the areas of internal administration and the
solidarity and social security;
e) They have a valid travel document;
f) Have a travel insurance.
2-For the granting of a residence visa for exercise of professional activity
subordinate or independent, of a residence visa for study, exchange of
students, professional internship or volunteering, temporary stay visa and visa
short-lived is still required of the third State national who possesses a
transport title that ensures your return.
3-It is refused the issuance of a temporary stay visa or a national residence visa
State third party that has been convicted of crime that in Portugal is punishable by
deprivative sentence of freedom of more than one year, yet this has not been
fulfilled, or who suffered more than one conviction in identical feather, albeit the
your execution has been suspended.
4-It may be refused the issuance of a visa to persons who constitute a serious threat to the
public order, public safety or public health.
5-Where the granting of the visa is refused by the grounds laid down in the paragraphs
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b) and c) of paragraph 1, the applicant is informed of the possibility of requesting rectification of the
data that your respect if you find it wrong.
6-Whenever the applicant is the subject of input interdiction issued by a State
Party or State Associate in the Convention of the Application of the Schengen Agreement, this
should be consulted beforehand owing to your interests being taken into consideration,
in accordance with Article 25 of the Convention of Application.
Article 53.
Formalities prior to the granting of visas
1-Carece of mandatory prior opinion of SEF the granting of a visa in the following cases:
a) When you are asked for visas of residence and temporary stay;
b) When this is determined by reasons of national interest, on grounds of
internal security or the prevention of illegal immigration and related crime.
2-Regarding the visa applications referred to in the preceding paragraph shall be issued
negative, whenever the applicant has been sentenced in Portugal by sentence with
traffic on trial in penalty of imprisonment of more than 1 year, yet this has not been
served, or has suffered more than one conviction in identical feather yet than his
execution has been suspended.
3-In urgent and duly justified cases, prior consultation may be waived
when dealing with residency visa applications for exercise of professional activity
independent and temporary stay.
4-Carece of prior consultation to the Security Information Service the granting of visa,
when the same is determined for reasons of national security or in compliance
of the mechanisms agreed upon in the framework of the European common security policy.
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5-Compete to SEF request and obtain from other entities the opinions, information and
too much elements necessary for the fulfillment of the provisions of this Law in
matter for the granting of residence and temporary stay visas.
6-The opinions required for the granting of visas, when negative, are binding,
being issued within seven days in the case of short-stay or twenty-year visas
days in the remaining cases, finite which the absence of issue corresponds to
favorable.
SUBSECTION I
Temporary stay visa
Article 54.
Temporary stay visa
1-The temporary stay visa is intended to allow the entry into Portuguese territory to
your holder for:
a) Medical treatment in official health establishments or officially
recognized;
b) Transfer of national citizens from States Parties to the World Organisation
of Commerce, in the context of the provision of services or the achievement of training
professional in Portuguese territory;
c) Exercise in national territory of a professional activity, subordinate or
independent, of a temporary nature, the duration of which does not exceed, as a rule, the
six months;
d) Exercise in national territory of a scientific research activity in
research centres, of a teaching activity in an establishment of
higher education or a highly qualified activity during a period
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of less than one year;
e) Exercise in national territory of an amateur sporting activity,
certified by the respected federation, provided that the club or sports association
take responsibility for the accommodation and health care;
f) Stay in national territory for periods longer than three months, in
excecional cases, duly substantiated, specifically for frequency
of study programme in educational establishment, exchange of
students, unpaid professional internship or volunteering, of duration
equal to or less than one year, or for the purpose of fulfilling the commitments
international within the framework of the World Trade Organization and those arising
of international conventions and agreements of which Portugal is a party, at the headquarters of
freedom to provide services;
g) Monitoring of family subject to medical treatment under the terms of
point ( a ).
2-The temporary stay visa is valid for four months and for multiple entries in
national territory, without prejudice to the provisions of Article 56 (4).
3-The maximum time limit for the decision on the application for a temporary stay visa is 30
days counted from the statement of the order.
Article 55.
Temporary stay visa in the scope of the transfer of workers
The granting of a temporary stay visa to national citizens of States Parties to the
World Trade Organization, transferred in the context of the provision of services or
of the achievement of vocational training in Portuguese territory, depends on the verification of the
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following conditions:
a) The transfer has to take place between establishments of a same
company or even group of companies, and the establishment located in
Portuguese territory to provide services equivalent to those provided by the
establishment of where the foreign citizen is transferred;
b) The transfer has to refer to associates or subordinate workers, there is
at least one year, in the establishment located in another State Party of the
World Trade Organization, which includes one of the following
categories:
i) Those who, possessing directing powers, work as top frames
of the company and essentially make the management of an establishment or
department, receiving general guidance from the board of directors;
ii) Those who possess specific technical knowledge essential to the activity,
to research equipment, techniques or the management of it;
iii) Those who should receive vocational training in the establishment situated
in national territory.
Article 56.
Temporary stay visa for exercise of professional activity subordinate of
temporary character
1-May be granted temporary stay visa to nationals of third States who
intend to exercise in national territory a subordinate professional activity of
temporary character, as long as they have promise or contract of employment.
2-The Institute of Employment and Vocational Training maintains a system of information,
accessible to the public, from where they build all the subordinate work offers, from
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temporary nature, unfilled by nationals of member states of the Union
European, European Economic Area or third States legal residents
in national territory, and discloses them, on their own initiative or at the request of the entities
employing or associations with a seat on the Advisory Board, together with
embassies and Portuguese career consular posts.
3-For the purposes of the provisions of the preceding paragraphs, the Autonomous Regions of the Azores
and from Madeira maintain information systems on existing job offers in the
respects Region.
4-The temporary stay visa for exercise of professional activity subordinate of
temporary character is granted by the time of length of the contract of employment.
5-Exceptionally, a temporary stay visa may be granted for exercise
of professional subordinate activity of a temporary nature of duration of more than six
months, whenever such activity enters into the scope of an investment contract and
up to the temporal limit of the enforcement respect.
Article 57.
Temporary stay visa for research activity or highly qualified
A temporary stay visa may be granted to nationals of third States who
intend to engage in an investigation activity, a teaching activity in a
establishment of higher education or a highly qualified activity by period
less than one year, provided that:
a) Be admitted to collaborate in a research centre, recognized by the
Ministry of Education and Science, notably through a promise or
contract of employment, of a proposal or contract for the provision of services or
of a scientific research fellowship; or
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b) Have a promise or a contract of employment or a written proposal or
a contract for the provision of services to engage in a teaching activity in a
establishment of higher education or a highly qualified activity in
national territory.
SUBSECTION II
Visa of residence
Article 58.
Visa of residence
1-The residence visa is intended to allow its holder to enter Portuguese territory
in order to apply for a residence permit.
2-The residence visa is valid for two entries in Portuguese territory and empowers your
holder to it remain for a period of four months.
3-Without prejudice to the application of specific conditions, in the assessment of the application for a visa of
residence will meet, specifically, the intended purpose with the fixation of
residence.
4-Without prejudice to the shortest deadlines provided for in this Act, the time limit for the decision on the
application for a residence visa is 60 days.
Article 59.
Residence visa for exercise of professional activity subordinate
1-A visa application for obtaining a residence permit for exercise of
subordinate professional activity depends on the existence of employment opportunities,
not filled by Portuguese nationals, national workers of states
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members of the European Union, of the European Economic Area, of the third party with
o which the European Community has entered into a free movement agreement of
people, as well as by national workers from third states with a residence
legal in Portugal.
2-For the purposes of the preceding paragraph, the Council of Ministers shall, upon the prior opinion of the
Standing Committee on Social Concertation, annually approves a resolution that
defines an indicative global contingent of employment opportunities presumably
not filled by the workers referred to in the preceding paragraph, and may exclude
sectors or activities where no labor needs are checked, if the
circumstances of the labour market justifying it.
3-In the global contingent provided for in the preceding paragraph shall be considered contingent on
each of the Autonomous Regions, in accordance with the respective needs and
regional specificities.
4-The Institute of Employment and Vocational Training, I.P., as well as the respects
departments of each Autonomous Region, maintain a system of information
permanently updated and accessible to the public, via the internet, of the offers of
employment covered by paragraph 1, disclosing them on their own initiative or at the request of the
employing entities or the recognized immigrant associations as
representative of the immigrant communities by the ACIDI, I.P., pursuant to the law.
5-Up to the limit of the quota set out in accordance with paragraph 2 and for vacancies
not filled by the workers referred to in paragraph 1 may be issued visa de
residence for exercise of professional activity subordinate to nationals of States
third parties that fulfil the conditions set out in Article 52 and that:
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a) Possess contract of employment or promise of contract of employment; or
b) Possess recognized and appropriate skills, competencies, or qualifications
for the exercise of one of the activities covered by the previous number and
benefit from an individualized manifestation of interest of the entity
employing.
6-For the purposes of the provisions of the b) of the previous number, applications from nationals of
Third States are remitted, through the Institute of Employment and Training
Professional or, in the Autonomous Regions, of the respective departments, to the entities
employing employers who hold job offers covered by paragraph 4.
7-Exceptionally, and regardless of the quota set out in paragraph 2, may be
issued visa for obtaining a residence permit for exercise of activity
professional subordinate to nationals of third States who fill the
conditions set out in Article 52 and they possess contract of employment, provided that
prove that the job offer was not filled by the workers referred to
in paragraph 1.
8-The Institute of Employment and Vocational Training prepares a semiannual report
on the implementation of the global contingent.
9-For the purposes of the preceding paragraph, the granting of visas under this provision
is communicated within the maximum of five days to the Institute of Employment and Training
Professional.
Article 60.
A residence visa for exercise of independent professional activity or for
enterprising immigrants
1-The visa for obtaining a residence permit for exercise of activity
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independent professional may be granted to the national of State third party who:
a) Have contract or proposed written contract of provision of services in the
scope of professions; and
b) Please find yourself enabled to exercise independent activity, where applicable.
2-It is granted residency visa for the entrepreneurial immigrants who wish
invest in Portugal, provided that:
a) Have carried out investment operations; or
b) Proven to possess financial means available in Portugal, including the
arising from funding obtained from financial institution in
Portugal, and demonstrate, by any means, the intention to proceed to a
investment operation in Portuguese territory.
Article 61.
Residence visa for research activity or highly qualified
1-It is granted residency visa for the purpose of conducting scientific research to
nationals of third States who have been admitted as teaching students
superior to the doctoral level, or to collaborate as researchers in a centre of
research recognized by the Ministry of Education and Science, notably
through a promise or contract of work, from a written proposal or contract
of provision of services, or of a scientific research fellowship.
2-It is also granted residency visa for the exercise of a teaching activity
in an establishment of higher education or highly skilled activity a
nationals of third States who have appropriate promise or a
contract for the provision of services.
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3-The time limit for the decision on the visa application referred to in this Article shall be
30 days.
4-To nationals of third States covered by this Article shall not apply to
regimen provided for in Article 59.
Article 61-The
Residence visa for highly qualified activity exercised by worker
subordinate
1-It is granted residence visa for the exercise of a highly qualified activity
exercised by a worker subordinate to nationals of third States who:
a) Be a contract holder of employment contract or contract promise
valid with at least one year of duration, the one that corresponds to a
annual pay of at least 1.5 times the average gross annual salary
national, or three times the indexing value of social supports (IAS);
b) In the case of regulated profession, be a holder of professional qualifications
high, duly proven with respect to the provisions of Law n.
9/2009, of March 4, or in specific law relating to the recognition of
professional qualifications, necessary for the access and exercise of the profession
indicated in the contract of employment or contract promise of employment; or
c) In the case of unregulated profession, be a holder of qualifications
high professionals suitable to the activity or sector specified in the contract of
work or contract promise of employment.
2-For employment effects in occupations belonging to large groups 1 and 2 of the
Classification International Type (CITP), indicated by Resolution of Council of
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Ministers, upon the prior opinion of the Standing Committee on Social Concertation,
as professions particularly in need of national workers of states
third parties, the salary threshold set out in paragraph a) of paragraph 1 may be at least 1.2 times
the national gross salary, or twice the value of the IAS.
3-When there is doubt as to the framework of the activity and for the purposes of
verification of the suitability of the professional experience of the third State national, the
ministries responsible for the areas of employment and education and science emit opinion
prior to the granting of the visa.
Article 62.
Residence visa for study, exchange of students, professional internship or
volunteering
1-A admission of a third State national on national territory for the purpose of
studies, participation in a programme of exchange of students from teaching
secondary, of unpaid professional internship or volunteering depends on the
grant of residence visa with that end.
2-It is granted visa for obtaining a residence permit for the indicated effects
in the previous number provided that the national of State third:
a) Posits travel document, the validity of which covers at least the duration
planned of the stay;
b) In the case of being underage under the national legislation, be
authorized by those who exercise parental power for the planned stay.
3-The procedure for granting a visa for obtaining a residence permit a
nationals of third States referred to in paragraph 1 who participate in programmes
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community for the promotion of mobility for the European Union or for the Community
of the Portuguese-speaking Countries or in their interest is facilitated, in the terms to be defined
by porterie of the Government members responsible for the areas of business
foreigners and internal administration.
4-In addition to the general conditions referred to in paragraph 2, the national of State third party which
rewant visa for obtaining a residence permit to attend a program
of studies of higher education must fulfil the conditions of admission in a
establishment of higher education for that purpose.
5-In addition to the general conditions set out in paragraph 2, the national of State third party which
require a residence visa for frequency of secondary school must:
a) Have the minimum age and not exceed the maximum age fixed by porterie of the
members of the Government responsible for the areas of internal administration and the
education;
b) Have been accepted into a secondary school setting, and may
admission to take place within the framework of a student exchange programme
of the secondary education carried out by an organization recognized by the
Ministry of Education and Science for this purpose;
c) Be accommodates during the period of your stay by family who fill in the
conditions set out in the student exchange programme of the teaching
secondary in which you participate or have your accommodation secured.
6-In addition to the general conditions set out in paragraph 2, the national of State third party which
require visa for obtaining a residence permit for internship achievement no
remunerated must have been accepted as an unpaid trainee in a company or
in an officially recognized professional training body.
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7-In addition to the general conditions set out in paragraph 2, the national of State third party which
require a visa to obtain a residence permit for participation in a
volunteering program must:
a) Having the minimum age fixed by porterie of the responsible government member
by the area of internal administration;
b) Have been admitted by a responsible organisation in Portugal by the programme
of volunteering in which you participate, officially recognized.
8-For the purposes of granting a visa under this Article, the minimum amount of
means of livelihood provided for in the porterie referred to in point (s) d) of the Article 1 (1)
52. The circumstances of the concrete case may be waived.
Article 63.
Residence visa under the mobility of students of higher education
1-To the national of a third party who resids as a student of higher education in a
Member state of the European Union and one who is a candidate to attend in Portugal part
of a programme of studies already initiated or complementing it with a programme of
related studies is granted a residence visa within a time limit that does not prevent the
continue the studies in question, and never more than 60 days, provided that:
a) Fulfils the conditions set out in paragraphs 2 and 4 of the preceding Article; and
b) Participate in a community or bilateral exchange program or have been
admitted as a student in a member state for a non-inferior period
to two years.
2-Whenever Portugal is the first member state of admission, the SEF shall, the
request of the competent authorities of the second member state, provide all the
appropriate information in relation to the student's stay on national territory.
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Article 64.
Residence visa for effects of family reunification
Where it is in the context of the instruction of a residence visa application for the purpose of
family reunification the SEF issue opinion favourable pursuant to this Law, shall be
facilitated applicants with a residence permit to allow entry into territory
national.
Article 65.
Communication and notification
1-For the purposes of the provisions of the preceding Article, the SEF communicates to the Directorate General of the
Consular Affairs and the Portuguese Communities the deferral decisions of the
requests for family reunification, giving them knowledge to the person concerned.
2-The residence visa is issued following the communication provided for in the number
previous and in the terms of it arising from, worth the same as appearing to be mandatory from the
SEF, pursuant to Art. 53 para.
SECTION II
Visas granted at border crossings
Article 66.
Types of visas
At the border crossings the following types of visas can be granted:
a) [ Repealed ];
b) Short-lived visa;
c) Special visa.
Article 67.
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Short-lived visa
1-On border crossings subject to control may be granted, on an excecional basis, visa
short of duration to the foreign citizen who, for unforeseen reasons, has not been able to
apply for a visa to the competent authority, provided that the person concerned:
a) Be a valid travel document holder that allows the crossing of the border;
b) Satisfy the conditions laid down in Article 11;
c) Do not be enrolled in the Schengen Information System or the national list of
inadmissible persons;
d) Does not constitute a threat to public order, to national security or
for the international relations of a member state of the European Union;
e) Have guaranteed the journey to the country of origin or to the country of destination, well
as the respected admission.
2-The short-stay visa issued under the previous number can only be granted
for an entry and its validity must not exceed 15 days.
3-The visas referred to in this article may be valid for one or more States
Parties to the Convention of Application.
Article 68.
Special visa
1-For humanitarian or national interest reasons, recognized by dispatching the
member of the Government responsible for the area of internal administration, may be
granted a special visa for entry and temporary stay in the Country to citizens
foreigners who do not meet the required legal requirements for the purpose.
2-The visa referred to in the preceding paragraph shall be valid only for the Portuguese territory.
3-A The competence provided for in paragraph 1 may be delegated to the national director of the SEF, with
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faculty of subdelegation.
4-If the person admitted to the conditions referred to in the previous figures in the System
of Schengen Information, the admission for admission is communicated to the authorities
competent of the other States Parties to the Convention of Application.
5-When the foreign citizen is a holder of a diplomatic, service passport,
officer or special, or still from a travel document issued by an organization
international, it is consulted, whenever possible, the Ministry of Business
Foreigners.
Article 69.
Competence for the granting of visas at border crossings
It is competent for the granting of the visas referred to in this section the national director
of the SEF, with faculty of delegation.
SECTION III
Cancellation of visas
Article 70.
Cancellation of visas
1-visas can be cancelled in the following situations:
a) When your holder does not meet the conditions of your concession;
b) When they have been issued on the basis of provision of false statements,
use of fraudulent means or through the invocation of different grounds
of those who have motivated the entry of their holder in the Country;
c) When the titular respect has been the subject of a measure of removal from the
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national territory.
2-Resident and temporary stay visas may still be cancelled when the
respects holder, without attentionable reasons, if absent from the Country for the period of 60 days,
during the validity of the visa.
3-The provisions of the preceding paragraphs shall also apply during the validity of the
Extensions of permanence granted in the terms provided for in this Law.
4-The residence visa is still cancelled in the event of the rejection of the application for
residence permit.
5-Following the entry of the visa holder into national territory the cancellation of visas to which
refer to the previous figures is the competence of the member of the Government
responsible for the area of internal administration, which may delegate to the national director of the
SEF, with the faculty of subdelegating.
6-The cancellation of visas under the terms of the previous number is communicated by way
electronic to the Directorate General for Consular Affairs and the Portuguese Communities.
7-The cancellation of visas prior to the arrival of the holder the national territory is from the
competence of diplomatic missions and career consular posts, being
communicated by electronic means to SEF.
CHAPTER V
Extension of permanence
Article 71.
Extension of permanence
1-To foreign nationals admitted to national territory pursuant to this Law
who wish to remain in the Country for a period of time higher than initially
authorized may be extended to stay.
2-A extension of stay granted to transit visa holders and visa holders
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short duration may be valid for one or more States Parties to the Convention of
Application.
3-Saved in duly substantiated cases, the extension referred to in paragraph 1 may
be granted as long as the conditions have been maintained that allowed the admission of the
foreign citizen.
4-The temporary stay visa for exercise of professional activity subordinate only
may be extended if the applicant has a contract of employment under the law
and are covered by the National Health Service or possess health insurance.
5-The temporary stay visa for research activity or highly qualified only
may be extended if the applicant possesses contract of employment, of provision of
services or scientific research fellowship and are covered by the National Office of
Health or own health insurance.
6-Saved in duly substantiated cases, the extension of permanence of the
holders of a residence visa for exercise in a subordinate professional activity, from
independent activity and for research activity or highly qualified
depends on the maintenance of the conditions that allowed the admission of the citizen
foreign.
Article 72.
Limits of the extension of permanence
1-A extension of stay can be granted:
a) Up to five days, if the person concerned is the holder of a transit visa;
b) Up to 60 days, if the person concerned is a holder of a special visa;
c) Up to 90 days, if the person concerned is a holder of a residence visa;
d) Up to 90 days, extended by an equal period, if the person concerned is a holder of
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a short-stay visa or has been admitted to the Country with no requirement of
seen;
e) Up to one year, extended by equal period, if the person concerned is a holder of a
temporary stay visa, with the exception of the cases provided for in the c ) of the n.
1 of Article 54, in which the extension is only admitted up to 90 days.
2-A permanence extension may be granted, in addition to the limits set out in the
previous number, pending application for a residence permit, as well as in
duly substantiated cases.
3-For exceptional reasons that occurred after legal entry into national territory, it may be
granted the extension of stay to the relatives of visa holders of a stay
temporary, and may not the validity and duration of the extension of stay be
superior to the validity and duration of the visa granted to the familiar.
4-A extension of stay granted to citizens admitted to the Country without requirement
of visa and the short-term visa holders is limited to Portugal whenever the
stay exceeds 90 days per semester, counted since the date of the first passage of the
external borders.
5-Without prejudice to the penalties provided for in this Law and save when they occur
exceptional circumstances, no requests for an extension of the case are to be deposed
permanence when they are presented decorated 30 days after the end of the period of
stay authorized.
6-A prolongation of stay is granted in the form of sticker vignette of
model to be approved by portaria of the member of the Government responsible for the area of
internal administration.
Article 73.
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Competence
The decision of the requests for an extension of stay is within the competence of the Director
national of the SEF, with faculty of delegation.
CHAPTER VI
Residence on national territory
SECTION I
General provisions
Article 74.
Types of residence permit
1-A The residence permit comprises two types:
a) Temporary residence permit;
b) Permanent residence permit.
2-To the foreign citizen authorized to reside in Portuguese territory is issued a title
of residence.
Article 75.
Temporary residence permit
1-Without prejudice to the applicable special legal provisions, the residence permit
temporary is valid for the period of one year counted from the date of issue of the
respects title and is renewable for successive periods of two years.
2-The title of residence shall, however, be renewed where the amendment of the
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elements of identification in it registered.
Article 76.
Permanent residence permit
1-A The permanent residence permit has no limit on validity.
2-The title of residence must, however, be renewed every five years or whenever
if you check the alteration of the identification elements registered therein.
3-In the application for renewal of authorization, the holder is exempted from delivering any
documents already integrated in the electronic workflow used by the SEF.
Article 77.
General conditions for granting temporary residence permit
1-Without prejudice to the special conditions applicable, for the granting of the authorization of
residence shall the applicant meet the following cumulative requirements:
a) Possession of a valid residence visa, granted for one of the intended purposes
in this Act for the granting of a residence permit;
b) Non-existence of any fact that, if it was known to the authorities
competent, should obster to the granting of the visa;
c) Presence in Portuguese territory;
d) Possession of means of subsistence, as defined by the porterie referred to
point ( d ) of Article 52 (1);
e) Accommodation;
f) Enrolment in social security, where applicable;
g) Absence of conviction for crime that in Portugal is punishable by penalty
deprivation of freedom of duration greater than one year;
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h) Not to be found in the period of interdiction of entry into national territory,
subsequent to a measure of removal from the Country;
i) An absence of indication in the Schengen Information System;
j) Absence of indication in the Integrated SEF Information System for effects
of non-admission, pursuant to Rule 33.
2-Without prejudice to the special provisions applicable, it may be refused the granting of
residence permit for reasons of public order, public safety or health
public.
3-A refusal of a residence permit on grounds of public health reasons alone
may be based on the diseases defined in the applicable instruments of the Organization
World of Health or in other infectious diseases or contagious parasitic object
of protective measures on national territory.
4-It may be required of applicants for residence permit to be subject to examination
doctor, in order to be attested that they do not suffer from any of the diseases
mentioned in the previous number, as well as to the appropriate medical measures.
5-The medical examinations and the measures referred to in the preceding paragraph shall not have
systematic character.
6-Whenever the applicant is the subject of input interdiction issued by a State
Party or State Associate in the Convention of the Application of the Schengen Agreement, this
should be consulted beforehand owing to your interests being taken into consideration,
in accordance with Article 25 of the Convention of Application.
Article 78.
Renewal of temporary residence permit
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1-A renewal of temporary residence permit must be requested by the
interested up to 30 days before expiry of their validity.
2-Only the residence permit for nationals of third States is renewed that:
a) They have means of subsistence as defined by the porterie to which
refers to point d) of Article 52 (1);
b) Have accommodation;
c) Have complied with their tax obligations and in the face of social security;
d) Have not been convicted in penalty or feathers that, isolated or
cumulatively, exceed one year in prison, albeit, in the case of
conviction for felony felony provided for in this degree or with this conex,
or by crime of terrorism, by violent crime or by crime
especially violent or highly organized, the respect execution has been
suspended.
3-A The residence permit may not be renewed for reasons of public order or
public safety.
4-The emergence of diseases after the issuance of the first residence permit does not
constitutes grounds rather to justify the refusal of renewal of authorization of
residence.
5-No renewal of residence permit to any foreign citizen declared
contumacious, while the same does not make proof that such a declaration has lapsed.
6-In the case of improper of the application must be sent copy of the decision, with the
respects fundamentals, to the ACIDI, I. P., and to the Advisory Board.
7-The receipt of the application for renewal of residence permit produces the same
effects of the title of residence for a period of 60 days, renewable.
8-SEF may conclude protocols with local authorities as well as with the organs and
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services of the Autonomous Regions, with a view to facilitating and simplifying procedures of
receipt and forwarding of applications for renewal of residence permit and
respects titles.
Article 79.
Renewal of residence permit in special cases
1-A permit for residence of foreign citizens in prison sentence
can only be renewed as long as it has not been enacted for expulsion.
2-The application for renewal of lapsed residence permit does not give way to
counterordinational procedure if the same is presented up to 30 days after the
release of the person concerned.
Article 80.
Granting of permanent residence permit
1-Without prejudice to the provisions of this Law relating to the status of nationals of
Third-term resident states, benefit from a permit to
permanent residence the foreign citizens who cumulatively:
a) Be holders of temporary residence permit for at least five
years;
b) During the last five years of residence in Portuguese territory do not have
been convicted in penalty or feathers that, either isolated or cumulatively,
exceed one year in prison, albeit, in the case of felony conviction
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doloso provided for in this diploma or with this connexus, or for the crime of
terrorism, by violent crime or by crime especially
violent or highly organized, the enforcement respect has been suspended;
c) They have means of subsistence, as defined by the porterie to which
refers to point d ) of Article 52 (1);
d) Have accommodation;
e) Proven to have knowledge of the basic Portuguese.
2-The period of residence prior to the entry into force of this Law releva for purposes
of the provisions of the preceding paragraph.
Article 81.
Application for a residence permit
1-The application for a residence permit may be formulated by the person concerned or by the
legal representative and must be presented with the SEF.
2-The application may be extended to the minors in charge of the applicant.
3-In the pendency of the application for a residence permit, because of the non-attributable to the
applicant, is not the holder of the residence visa barred from carrying out an activity
professional in the terms of law.
4-The applicant for a residence permit may simultaneously request the
family reunification.
Article 82.
Decision and notification
1-The application for a residence permit must be decided by the deadline of 60
days.
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2-The application for renewal of residence permit must be decided by the deadline of 30
days.
3-In the lack of a decision within the period specified in the preceding paragraph, because of the non-attributable to the
applicant, the application is understood to be deinjured, with the issuance of the residence permit
immediate.
4-A The decision to dismiss is notified to the person concerned, with indication of the
fundamentals, as well as the right to challenge judicial and the respect of the term, being
sent copy to the Advisory Board.
Article 83.
Rights of the holder of residence permit
1-Without prejudice to the application of special provisions and other rights provided for in law
or in international convention of which Portugal is a Party, the holder of authorization of
residence is entitled, with no need for special permission relating to your condition
from abroad, specifically:
a) To education and teaching;
b) To the exercise of a subordinate professional activity;
c) To the exercise of an independent professional activity;
d) To the orientation, training, improvement and professional recycling;
e) To access to health;
f) To access to law and to the courts.
2-It is guaranteed to implement the provisions that ensure equal treatment of the
foreign citizens, particularly in social security, benefits
tax, union affiliation, recognition of diplomas, certificates and other securities
professionals or access to goods and services at the disposal of the public, as well as the
application of provisions that grant them special rights.
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Article 84.
Identification document
The title of residence replaces, for all legal purposes, the identification document,
without prejudice to the arrangements provided for in the Treaty of Friendship, Cooperation and Consultation between the
Portuguese Republic and the Federative Republic of Brazil, signed in Porto Seguro, in 22
of April 2000.
Article 85.
Cancellation of the residence permit
1-A The residence permit is cancelled whenever:
a) Its holder has been the subject of a decision to coercion or to
a decision of judicial expulsion from the national territory; or
b) The residence permit has been granted on the basis of statements
false or misleading, false or falsified documents, or through use
of fraudulent means; or
c) In relation to your holder there are serious reasons to believe that you have committed acts
serious criminals or there are real indications that it intends to commit acts of that
nature, specifically in the territory of the European Union; or
d) For reasons of order or public safety.
2-Without prejudice to the application of special provisions, the residence permit may
also to be cancelled when the person concerned, without attentive reasons, if absent from the
Country:
a) Being a holder of a temporary residence permit, six months
consecutive or eight interpolated months, in the total period of validity of the
authorization;
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b) Being a holder of a permanent residence permit, 24 straight months
or, in a period of three years, 30 months interpolated.
3-A The absence beyond the limits provided for in the preceding paragraph shall be justified
upon request made in the SEF prior to the departure of the resident of the national territory
or, in exceptional cases, after its exit.
4-It is not cancelled the residence permit for citizens who are absent by
periods higher than those provided for in paragraph 2, when they prove that during their
absence of the national territory were in the country of origin and that in the same
have developed a professional or business activity or cultural nature or
social.
5-The cancellation of the residence permit must be notified to the person concerned and
communicated, by electronic means, to ACIDI, I.P., and to the Advisory Board with
indication of the fundamentals of the decision and implies the seizure of the corresponding title.
6-It is competent for the cancellation of the member of the Government responsible for the area of
internal administration, with the faculty of delegation in the general director of the SEF.
7-A The decision to cancel is likely to challenge judicial, with effect merely
devolutive, before the administrative courts.
Article 86.
Registration of residents
Residents must report to the SEF, within 60 days of the date on which
occur, the change of your marital status or of the domicile.
Article 87.
Foreigners waived from residence permit
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1-A residence permit is not required of diplomatic and consular agents
accredited in Portugal, to administrative and domestic staff or equated that
come to provide service in the diplomatic missions or consular posts of the respects
States, to the officials of international organizations based in Portugal, nor
to the members of their families.
2-The people mentioned in the previous number are enabled with document of
identification issued by the Ministry of Foreign Affairs, heard the SEF.
SECTION II
Residence permit
SUBSECTION I
Residence permit for exercise of professional activity
Article 88.
Residence permit for exercise of professional activity subordinate
1-In addition to the general requirements set out in Article 77, permission is only granted
of residence for exercise of professional activity subordinated to nationals of States
third parties who have contract work entered into in the terms of the law and are
enrolled in social security.
2-Exceptionally, upon proposal from the national director of the SEF or on the initiative of the
member of the Government responsible for the area of internal administration, may be
waived the requirement under point (b) a ) of Article 77 (1), provided that the citizen
foreign, in addition to the other general conditions provided for in that provision, fill out the
following conditions:
a) Posits a contract of employment or have a proven employment relationship by
syndicate, by association with a seat on the Advisory Board or by the
Authority for the Conditions of Work;
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b) Have entered legally into national territory and here remain legally;
c) Be enrolled and have your situation regularised in the face of social security.
3-A granting of residence permit in the terms of the previous figures is
communicated by the SEF, by electronic means, to the Institute of Employment and Training
Professional, I.P., and in the Autonomous Regions to the corresponding regional services, to
effect of implementation of the quota set out in accordance with Article 59.
4-A granting of residence permit in the terms of the previous figures is
communicated by the SEF, by electronic means, to the Authority for the Conditions of Work
or, in the Autonomous Regions, to the regional secretive office, so that these entities
be able to monitor compliance with all the legal obligations of the employer to
with the holder of the residence permit, as well as the tax administration and the
competent services of social security.
5-The holder of a residence permit for the exercise of a professional activity
subordinate may engage in independent professional activity, being applicable,
with the necessary adaptations, the provisions of the following article, upon replacement of the
title of residence.
Article 89.
Residence permit for exercise of independent professional activity
1-In addition to the general requirements set out in Article 77, permission is only granted
of residence for exercise of independent professional activity to nationals of
Third states that fulfil the following requirements:
a) Have constituted society in the terms of law, declared the beginning of activity
together with tax administration and social security as a natural person or
concluded a contract for the provision of services for the exercise of a
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liberal profession;
b) Be empowered to exercise independent professional activity, when
applicable;
c) They have means of subsistence, as defined by the porterie to which
refers to point d) of Article 52 (1);
d) When required, they submit statement of the professional order respecting that
fill in the respective enrolment requirements.
2-Exceptionally, upon proposal from the national director of the SEF or on the initiative of the
member of the Government responsible for the area of internal administration, may be
waived the requirement under point (b) a) of Article 77 (1), provided that
check the entry and legal stay on national territory.
3-The holder of a residence permit for the exercise of a professional activity
independent may engage in a subordinate professional activity, being applicable,
with the necessary adaptations, the provisions of the previous article, upon replacement of the
title of residence.
Article 90.
Residence permit for research activity or highly qualified
1-It is granted residence permit to nationals of third States for the purpose of
exercise of a research activity, a teaching activity in an establishment
of higher education or highly qualified that, in addition to the established conditions
in Article 77, they fulfil the following requirements:
a) Be admitted to collaborate in an officially research centre
recognized, in particular through a contract of employment, of a
contract for the provision of services or a scientific research fellowship; or
b) They have contract of employment or service provision compatible with
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the exercise of a lecturer activity in a higher education establishment,
or of contract provision of services compatible with an activity
highly qualified;
c) Be enrolled in social security.
2-The applicant may be waived from the requirement referred to in point a ) of paragraph 1 of the
article 77 whenever it has entered and remained legally in national territory.
3-The holder of a residence permit granted under the letter (s) a) of paragraph 1
can exercise a teaching activity, under the law.
SUBSECTION II
Residence permit for investment activity
Article 90-The
Residence permit for investment activity
A residence permit is granted to nationals of third States, for the purposes of
exercise of an investment activity, to those who:
a) They fulfil the general requirements set out in Article 77, with the exception of
point ( a) of paragraph 1;
b) Be holders of valid Schengen visas;
c) Regularize the stay in Portugal within the term of ninety days from the
date of the first entry into national territory; and
d) They fulfil the requirements set out in the d) of Article 3.
SUBSECTION III
Residence permit for study, unpaid professional internship or
volunteering
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Article 91.
Residence permit issued to students of higher education
1-A residence permit is granted to the student of the higher education holder of
a residence visa issued under the provisions of the n. the 2 and 4 of Article 62, since
that the applicant:
a) Present proof of tuition and the payment of the tuition fees required by the
establishment;
b) Dispose of means of subsistence as defined by the porterie to which
refers to point d) of Article 52 (1);
c) Be covered by the National Health Service or be provided with insurance of
health.
2-A The residence permit is valid for a period of one year and is renewable, by equal
periods, if your holder continues to fulfil the conditions set out in the number
previous.
3-Exceptionally, a residence permit may be granted for the purpose of
study in higher education establishment with dispensation of the requirement in the
point ( a) of Article 77 (1), whenever the national of State third party has entered
and remain legally in Portugal and fulfil the conditions set out in paragraph 1.
4-If the duration of the study programme is less than one year, the residence permit
has the required duration to cover the period of study.
Article 92.
Residence permit issued for secondary school students
1-Is issued residence permit to the residence visa holder for frequency of the
secondary education, provided that you are enrolled in educational establishment
secondary and covered by the National Health Service or have health insurance.
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2-A The validity of the residence permit referred to in the preceding paragraph shall not
exceed one year, being renewable for equal period, as long as they hold the
conditions of its concession.
Article 93.
Residence permit for unpaid interns
1-It is granted residence permit to the residence visa holder for achievement of
unpaid internship, provided that it is covered by the National Health Service or
has health insurance.
2-A The granting of residence permit pursuant to the preceding paragraph depends on the
presentation by the interested in training contract for internship achievement no
remunerated concluded with a company or a vocational training body
officially recognised, and certified by the Institute of Employment and Training
Professional, I.P.
Article 94.
Residence permit for volunteers
1-Is issued a residence permit to the holder of a residence permit for
participation in a volunteering programme, provided that you are covered by the Service
National Health or has health insurance.
2-A The granting of residence permit pursuant to the preceding paragraph depends on the
presentation by the concerned of contract signed with the responsible organization in
Portugal by the volunteering programme in which it participates, which contains a description
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of your tasks, the conditions of which you will benefit in the realization of these tasks, the time
which it must comply with, as well as, where appropriate, the training it receives to ensure the
proper fulfillment of your tasks.
3-A The validity of the residence permit referred to in paragraph 1 may not be higher than
one year.
4-In exceptional cases, if the duration of the programme in question is more than one year, the
validity of the residence permit may correspond to the period in question.
5-A The residence permit granted under this Article shall not be renewable.
Article 95.
Cancellation and non-renewal
Without prejudice to the provisions of articles 78 and 85, the residence permit issued with
basis in the provisions of this section may be cancelled or not renewed if your
holder:
a) Do not fill in or fail to fulfil the requirements stipulated in Article 62,
as well as, according to the category why it is covered, in Articles 91 to 94.
or
b) Do not comply with the provisions of Article 97; or
c) Do not progress in the studies with harnessing.
Article 96.
Procedural guarantees and transparency
1-A Decision on an application for a grant or renewal of a permit to
residence is adopted and communicated to the applicant within a time limit which does not prevent the
continue the studies in question, without prejudice to a sufficient period of time for the
processing of the order.
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2-If the information provided by the applicant is insufficient, the analysis of the application
may be suspended, sensing you with the necessary supplementary information.
3-A The decision to dismiss a residence permit is notified to the applicant, with
indication of its fundamentals, of it owing to the right of judicial challenge
and the term respect.
4-A decision to dismiss or cancel a residence permit in the
terms of this section is susceptible to judicial challenge, with devolutive effect,
before the administrative courts.
Article 97.
Exercise of subordinate professional activity
1-You are vetted to the holder of a residence permit for participation in a programme of
volunteering the exercise of paid professional activity.
2-Out of the period devoted to the program of studies or fine-stage the professional internship no
remunerated, subject to the rules and conditions applicable to the relevant activity, the
students may engage in a subordinate professional activity under the terms of paragraph 1
of Article 88, upon prior permission granted by the SEF.
3-SEF is obliged to the communications provided for in Article 88 (3) and (4).
SUBSECTION IV
Residence permit for family reunification
Article 98.
Right to family reunification
1-The citizen with valid residence permit has a right to family reunification
with the family members who find themselves outside the national territory, who with it
have lived in another country, which of him dependant or that with him cohabitating,
regardless of whether the family ties were prior or later to the entrance of the
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resident.
2-In the circumstances referred to in the preceding paragraph shall also be recognized the right to
family reunification with the family members who have entered legally in
national territory and which are dependent on or cohabitating with the holder of a permit to
valid residence.
3-The refugee, recognized under the law governing asylum, is entitled to the
family reunification with the members of your family who meet in the territory
national or outside of it, without prejudice to the legal provisions that recognize the status of
refugee to relatives.
Article 99.
Members of the family
1-For the purposes of the provisions of the preceding Article, consider members of the family of the
resident:
a) The spouse;
b) Children who are minors or unable to be dependent on the couple or of one of the spouses;
c) The minors adopted by the applicant when they are not married, by the applicant
or by the spouse, by the effect of a decision of the competent authority of the country of
origin, provided that the law of that country recognizes those adopted rights and duties
identical to those of natural affiliation and that the decision is recognized by Portugal;
d) The larger children, in charge of the couple or of one of the spouses, who are unmarried and
are found to be studying in a teaching establishment in Portugal;
e) Ascenders on the straight-line and by 1. degree from the resident or his / her spouse,
as long as they find themselves in office;
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f) The smaller siblings, as long as they find themselves under tutelage from the resident, from
harmony with decision delivered by the competent authority of the country of origin and
provided that this decision is recognized by Portugal.
2-Considered still family members for the purpose of family reunification of the
minor refugee not accompanied:
a) The direct ascendants in 1. degree;
b) Your legal guardian or any other family member, if the refugee has no ancestry
direct or you cannot find them.
3-Considerate members of the family for the purpose of family reunification of the holder of
residence permit for study, unpaid professional internship or
Volunteering only those mentioned in the points a) a c ) of paragraph 1.
4-Family reunion with child minor or incapable of one of the spouses depends on the
authorization of the other parent or decision of competent authority of agreement
with which the son has been entrusted to him.
5-For the purposes of the provisions of paragraph 2, the minor shall be deemed to be less not accompanied by the national of
a third party or stateless state, under the age of 18 years, which:
a) Has entered the national territory not accompanied nor if
find the post of responsible adult, by force of law or custom; or
b) Be abandoned after your entry into national territory.
Article 100.
Union de facto
1-Family reunification can be authorized with:
a) The partner who maintains, in national territory or outside of it, with the citizen
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foreign resident a de facto union, duly proven in the terms
of the law;
b) The minor or unable single children, including the adopted children of the
partner in fact, as long as these are legally entrusted to you.
2-Family reunification under the terms of the preceding paragraph shall apply, with the
necessary adaptations, the provisions relating to the exercise of the right to the regrouping
family.
Article 101.
Conditions for the exercise of the right to family reunification
1-For the exercise of the right to family reunification shall the applicant have to have:
a) Accommodation;
b) Means of subsistence, as defined by the porterie referred to in point (s) d )
of Article 52 (1)
2-The provisions of the preceding paragraph shall not apply to the family reunification of refugees.
Article 102.
Competent entity
The decision of the applications for family reunification competes with the national director of the SEF,
with faculty of delegation.
Article 103.
Application for family reunification
1-It is up to the holder of the right to family reunification to request the SEF the entry and
residence of your family members, whenever they find themselves outside the territory
national.
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2-Whenever family members find themselves in national territory, the
family reunification may be requested by these or by the holder of the right.
3-The application must be accompanied by:
a) Documents attest to the existence of relevant family ties or togetherness
in fact;
b) Documents attest to the fulfilment of the conditions for the exercise of the right
to family reunification;
c) Certified copies of the travel documents of the relatives or the partner of
fact.
4-When a refugee is unable to submit official documents certifing the
family relationship, another type of evidence of the existence should be taken into account
of that relationship.
Article 104.
Assessment of the application
1-SEF may, if necessary, carry out interviews with the applicant of the regrouping
and their family members and conduct other investigations it deems necessary.
2-In the examination of the application relating to the person who maintains a de facto union with the
applicant of the regrouping, SEF should take into account factors such as
existence of a common child, the prior cohabitation, the registration of the de facto union or
any other reliable means of proof.
Article 105.
Deadline
1-As soon as possible, and in any case within three months, the SEF notifies in writing
the decision to the applicant.
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2-In exceptional circumstances associated with the complexity of the analysis of the application, the time limit
referred to in the preceding paragraph may be extended by three months, the
informed applicant of this extension.
3-Corresponds the tacit dewound of the request the absence of a decision within six
months.
4-In the event of a tacit deferris, the SEF certis it, at the request of the person concerned,
communicating it, within forty-eight hours, to the Directorate General of Affairs
Consulars and the Portuguese Communities, for the purpose of issuing the visa of
residence pursuant to Art. 64 para.
Article 106.
Rejection of the application
1-The application for family reunification may be undue in the following cases:
a) When the conditions of exercise of the right to the right are not met
family reunification;
b) When the member of the family is interdict from entering national territory;
c) When the presence of the member of the family on national territory constitutes a
threat to public order, public safety or public health.
2-When to the decision of deferring of application for family reunification obstinacy reasons
of public order or public safety, should be taken into account a
gravity or the type of offense to the public order or public safety committed by the
family, or the dangers that may arise from the permanence of that person in territory
national.
3-Before being handed down decision to undue request for family reunification,
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are taken into consideration the nature and soundness of the person's family ties, their
time of residence in Portugal and the existence of family, cultural and social ties
with the country of origin.
4-The rejection of the application submitted by refugee may not have on the grounds of
only the lack of supporting documents of the family relationship.
5-From the rejection of the application is sent copy, with the respects fundamentals, to the
ACIDI, I.P., and the Advisory Board.
6-A The decision to dismiss is notified to the applicant with an indication of their
fundamentals, from it owing to the right of judicial challenge and the respect
deadline.
7-A The decision to dismiss the application for family reunification is likely to
judicial challenge, with devolutive effect, before the administrative courts.
8-When family members already find themselves on national territory and the decision to
dismissal if fused exclusively in non-compliance with the conditions
set out in paragraph a) of paragraph 1 a the judicial challenge has suspensive effect.
Article 107.
Residence of family members
1-To the member of the family who is a holder of a visa issued pursuant to Art. 64 or
to find itself in national territory having been deposed the application for regrouping
family is granted a residence permit of identical duration to that of the resident.
2-To the member of the family of the holder of a permanent residence permit is issued
a renewable residence permit, valid for two years.
3-Decorrids two years on the issuance of the first residence permit to which if
refer to the previous figures and to the extent that they subsist the family ties or,
regardless of the said deadline, whenever the holder of the right to the regrouping
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family have children minors residing in Portugal, family members are entitled
to an autonomous permit.
4-In excecional cases, namely of judicial separation of persons and goods, divorce,
viuvez, death of ascending or descending, prosecution by the Public Prosecutor's Office for the
practice of domestic violence crime and when it is reached the age of majority, it may be
granted an autonomous residence permit before the said period has elapsed
in the previous number.
5-A first residence permit granted to the spouse under the regrouping
family is autonomous whenever this one has been married for more than five years with the
resident.
Article 108.
Cancellation of the residence permit
1-Without prejudice to the provisions of Article 85, the residence permit issued to the shelter
of the right to family reunification is cancelled when the marriage, the de facto union
or adoption had for the sole purpose of allowing the person concerned to enter or reside in the Country.
2-Specific surveys and controls can be carried out when there are indications
fundata of fraud or marriage, de facto union or adoption of convenience, such
as defined in the previous number.
3-Before being handed a decision to cancel the residence permit to the shelter home
of family reunification, are taken into consideration the nature and soundness of ties
family members of the person, their time of residence in Portugal and the existence of ties
family, cultural and social with the country of origin.
4-A The cancellation decision is handed down after hearing from the foreign citizen, which is worth,
for all purposes, as an audience of the person concerned.
5-A The cancellation decision is notified to the person concerned with an indication of their
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fundamentals, from it owing to the right of judicial challenge and the respect
deadline.
6-A The cancellation decision is communicated by electronic means to the ACIDI, I.P., and to the
Advisory Board.
7-A decision to cancel the permission of the family member on the grounds of the
n. 1 is susceptible to judicial challenge, with suspensive effect, before the courts
administrative.
SUBSECTION V
Residence permit for victims of trafficking in persons or action of aid to the
illegal immigration
Article 109.
Residence permit
1-It is granted residence permit to the foreign citizen who is or has been
victim of criminal offences linked to trafficking in persons or to aid for immigration
illegal, even if it has entered the Country illegally or does not fulfil the conditions of
grant of residence permit.
2-A The residence permit referred to in the preceding paragraph is granted after the
term of the period of reflection provided for in Article 111, provided that:
a) It is necessary to extend the stay of the person concerned on national territory,
taking into account the interest that their presence poses to the investigations and
judicial procedures;
b) The person concerned shows clear willingness to collaborate with the authorities in the
research and repression of trafficking in persons or aid for illegal immigration;
c) The person concerned severed the relationships he had with the presumed authors of the
offences referred to in the preceding paragraph.
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3-A The residence permit may be granted before the expiry of the term of consideration
provided for in Article 111, if it is understood that the person concerned fills in a form
unambiguous the criterion laid down in the paragraph b) of the previous number.
4-It may also be granted after the expiry of the term of consideration provided for in the article
111. The residence permit to the foreign citizen identified as a victim of
trafficking in persons, in the terms of special legislation, with dispensation of the conditions
set out in points a ) and b ) of paragraph 2.
5-A residence permit granted in the terms of the preceding paragraphs is valid by
a period of one year and renewable for equal periods, if the conditions listed
in paragraph 2 continue to be filled or if you maintain the need for protection
of the person identified as a victim of human trafficking, in the terms of legislation
special.
Article 110.
Information for victims
Where the public authorities or associations acting in the framework of the protection
of victims of crime to consider that a foreign citizen may be
covered by the provisions of the previous article, inform the person concerned of the possibility
of benefiting from the provisions of this section.
Article 111.
Term of reflection
1-Prior to the issuance of the residence permit provided for in Article 109, the SEF gives the
interested person a time frame of reflection that allows you to recover and escape the influence
of the authors of the offences concerned.
2-The period of reflection referred to in the preceding paragraph shall have a minimum duration of 30 days and
maximum of 60 days, counted from the time at which the competent authorities
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request the collaboration, from the moment the person concerned manifests its
willingness to collaborate with the authorities in charge of the investigation or the moment
where the person concerned is flagged as a victim of trafficking in persons pursuant to the
special applicable legislation.
3-During the period of reflection, the person concerned shall be entitled to the treatment provided for in the article
112., and may not against it be executed any removal measure.
4-The period of reflection does not confer upon the person concerned right of residence under the
provisions of this section.
Article 112.
Rights of the victim prior to the granting of the residence permit
1-Prior to the granting of a residence permit, it is assured of the person signalled or
identified as a victim of trafficking in persons or of action to aid illegal immigration,
that does not have sufficient resources, their livelihoods and access to treatment
urgent and proper medical.
2-For the purposes of the provisions of the preceding paragraph the needs are taken into account
specific to the most vulnerable persons, including the resource, if necessary, assistance
psychological.
3-The safety and protection of the person referred to in paragraph 1 shall also be guaranteed.
4-Where necessary, it is provided to the person referred to in paragraph 1 of translation assistance and
interpretation, as well as legal protection under the terms of Law No. 34/2004, 29 of
July, not the provisions of paragraph 2 of your Article 7 apply.
Article 113.
Rights of the holder of residence permit
1-To the holder of a residence permit granted pursuant to Article 109 that no
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it has sufficient resources is applicable, with due adaptations, the provisions of the
previous article.
2-To holders of residence permit granted in accordance with Article 109 that no
have sufficient resources and have specific needs, such as
minors or pregnant women, disabled, victims of sexual violence or other
forms of violence, the necessary medical and social assistance is provided.
3-It is proportionate to the holder of residence permit granted under the terms of the article
109. access to existing official programs, the aim of which is to help you resume a
normal social life, including courses aimed at improving your professional skills
or to prepare for their assisted return to the country of origin.
Article 114.
Minors
1-In the application of the provisions of Articles 109 to 112, the interest is taken into consideration
top of the child, owing the procedures to be appropriate to their age and
maturity.
2-The period of reflection provided for in Article 111 (2) may be extended if the
interest of the child to demand it.
3-The smallest victims of trafficking in persons or of action to aid illegal immigration have
access to the education system under the same conditions as national citizens.
4-All representations are made to establish the identity and nationality of the minor
not accompanied, as defined in Article 99 (5), as well as to locate
as soon as possible to his family and to ensure their legal representation,
including, if necessary, in the context of the criminal procedure, under the law.
Article 115.
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Cancellation of the residence permit
1-Without prejudice to the provisions of Article 85, the residence permit granted to the shelter
of this section may be cancelled at all time if:
a) The bearer has reaped active and voluntarily, on his own initiative,
contacts with the presumed perpetrators of trafficking in persons or aid to the
illegal immigration; or
b) The responsible authority to consider that the cooperation is fraudulent or that the
complaint of the victim is unfounded or fraudulent; or
c) The victim will cease to cooperate.
2-A point c) of the preceding paragraph shall not apply to holders of residence permit
granted under Article 109 (4).
SUBSECTION VI
Residence permit for holders of long-term resident status in
another member state of the European Union
Article 116.
Right of residence of the holder of the status of long-term resident status in another
Member State of the European Union
1-The national of a third party who has acquired the status of a long-term resident
duration in another member state of the European Union and remain on national territory
for a period of more than three months has a right of residence provided that:
a) Exercise a subordinate professional activity; or
b) Exercise an independent professional activity; or
c) Frequent a program of studies or a vocational training action; or
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d) Present an attentive reason for setting up residence on national territory.
2-The provisions of the preceding paragraph shall not apply to long-term residents who
remain on national territory in the quality of:
a) Salaried employees posted by a service provider on the board
of a cross-border provision of services;
b) Cross-border service providers.
3-The provisions of this Article shall be without prejudice to the application of Community legislation on
relevant social security in relation to nationals of third States.
4-To nationals of third States covered by paragraph 1 shall be granted permission to
residence as long as they have:
a) Means of subsistence;
b) Accommodation.
5-For the purpose of meeting the fulfilment of the requirement set out in the a) of the number
previous should be assessed the resources by reference to their nature and to their
regularity, taking into consideration the level of minimum wages and pensions.
6-To the granting of residence permit to nationals of third States covered
by the letter a ) of paragraph 1, the provisions of Article 88 (1) shall apply.
7-To the granting of residence permit to nationals of third States covered
by the letter b ) of paragraph 1, the provisions of Article 89 (1) shall apply.
8-A grant of residence permit to nationals of third States covered
by the letter c) of paragraph 1 depends on the presentation by the person concerned of a tuition
in a higher education establishment, officially recognized, or admittance to
establishment or company that provide professional training, officially
recognized.
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Article 117.
Application for a residence permit
1-Within a period of three months from its entry into the national territory, the resident of
long duration referred to in the preceding article shall submit an application for a permit to
residence with the SEF.
2-The application referred to in the preceding paragraph is accompanied by supporting documents
of which the applicant fulfils the conditions of exercise of his right of residence
referred to in the previous article.
3-The application is still accompanied by the title of long-term residence and a
valid travel document, or of authenticated copies of them.
4-A Decision on an application for a residence permit submitted under the
previous article is taken within three months.
5-If the application is not accompanied by the documents listed in paragraphs 2 and 3, or in
exceptional circumstances motivated by the complexity of the analysis of the application, the
deadline provided in the preceding paragraph may be extended by a non-superior period
to three months, the applicant shall be informed of this extension.
6-It is competent for the decision on the granting of residence permit to the shelter
of this section the national director of the SEF, with faculty of delegation.
7-A The lack of a decision within six months amounts to the deferris of the application for
residence permit.
8-A grant of residence permit to the long-term resident as well as to the
members of your family is communicated by the SEF to the competent authorities of the
Member state that granted the status of long-term resident.
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Article 118.
Family reunification
1-It is granted residence permit on national territory to the family members of the
holder of residence permit granted in accordance with Article 116 that with it
resided in the member state that first granted it resident status
of long duration.
2-For the purposes of the provisions of the preceding paragraph are considered to be members of the family the
family referred to in Article 99 (1), as well as the persons referred to in paragraph 1 of the
article 100 para.
3-A The submission of the application for a residence permit shall be governed by the provisions of the article
previous.
4-The person concerned shall join the application for a residence permit:
a) Your EC title of long-term residence or your permit to
residence and a valid travel document, or authenticated copies of the
same;
b) Proof that you resided in the member state that granted you for the first time the
long-term resident status as a family member or de facto partner of
a long-lasting resident;
c) Proof that it has means of livelihood and is covered by the service
national health or has health insurance.
5-For the purpose of assessment of the means of subsistence referred to in point (s) c) of the number
previous, they should be taken into consideration their nature and regularity as well as the
level of minimum wages and pensions.
6-In case the family is not already constituted in the member state that has granted it by
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first time the status of long-term resident, the provisions of the section apply
IV of Chapter VI.
7-The family members covered by the previous figures is granted a
residence permit of validity identical to that of the granted to the resident of long
duration, and the provisions of paragraph 8 of the preceding Article shall apply.
Article 119.
Public order, public safety and public health
1-The application for a residence permit filed under this section may
be undue when the person concerned poses a threat to the public order
or for public safety.
2-A The decision to dismiss the terms of the preceding paragraph shall take into consideration the
gravity or the type of offense to the public order or public safety committed by the
long-lasting resident or his or her family, or the dangers that may arise from the
stay of that person on national territory.
3-A The decision referred to in paragraph 1 shall not be based on economic reasons.
4-Can also be dismissed the residence permit application of the residents of
long duration or from your family member when the person concerned poses a threat
for public health, under the terms set out in Article 77 (3).
5-The situations of the preceding paragraph shall apply to the provisions of Article 77 (4) and (5).
Article 120.
Cancellation and non-renewal of residence permit
1-Without prejudice to the provisions of Article 85, while the holder of a residence permit
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granted under this section has not obtained the status of a long-term resident
duration in national territory, may be the object of a decision to cancel or to
non-renewal of residence permit in the following cases:
a) For reasons of public order or public safety, and must be taken in
consideration of gravity or the type of offense to public order or safety
public committed, or the dangers that may arise from the permanence of that person
in national territory, as well as the duration of the residency and the existence of
links to the Country;
b) When they cease to be fulfilled the conditions laid down in Articles 116 and
118.
2-The cancellation or non-renewal of residence permit of the resident of long
duration as well as that of the members of your family is communication by the SEF to the
competent authorities of the Member State which granted the status of resident of
long duration.
Article 121.
Procedural guarantees
1-A decision to dismiss an application for a residence permit, of no
renewal or cancellation of residence permit granted under the
this section is notified to the person concerned with an indication of its grounds, of the
right of judicial challenge and the term of the term.
2-The decisions referred to in the preceding paragraph shall be communicated by electronic means to the
ACIDI, I.P., and the Advisory Board.
SUBSECTION VII
Residence permit "EU blue card"
Article 121-The
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Beneficiaries of the "EU Blue Card"
1-A residence permit "EU blue card" is the title of residence that empowers your
holder to reside and to exercise, in national territory, a highly qualified activity,
on the terms and in accordance with the provisions of this section.
2-The beneficiaries of the "EU Blue Card" are entitled to family reunification on the terms
of Section IV.
3-They cannot benefit from "EU Blue Card" the nationals of third states that:
a) Are authorised to reside in a member state under the protection
temporary, or have required residence permit for that reason and
they are awaiting a decision on their status, as well as the beneficiaries of the
protection granted under Law No. 27/2008 of June 30, or that
have required this protection and are awaiting a definitive decision on your
status;
b) Who are family members of citizens of the European Union, in accordance with
Law No. 37/2006 of August 9;
c) Have required or are holders of residence permit for activity
of research, in accordance with Article 90 (1);
d) Benefit from the long-term resident status (EU), pursuant to the
points a) and b) of Article 116 (1);
e) Remain in Portugal on grounds of temporary character, to exercise
trade activities, related to investment, as workers
seasonal or seconded within the scope of a service provision;
f) By virtue of an agreement entered into between the European Union and the third State of the
nationality benefit from rights in free movement equivalent
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to those of the citizens of the European Union; or,
g) Have your expulsion suspended for reasons of fact or law.
Article 121-B
Conditions for the granting of " EU blue card "
1-It is granted "EU blue card" for effects of exercise of highly
qualified to the national citizen of State third party who, in addition to the conditions
provided for in Article 77, to the exception of that provided for in paragraph 1 (e) of this, fill out,
cumulatively, the following requirements:
a) Present contract of work compatible with the exercise of an activity
highly qualified and of a duration of not less than one year, to which it corresponds to a
annual salary of at least 1.5 times the average gross salary or, in cases
provided for in Article 61 (2)-, of at least 1.2 times the gross salary
national average;
b) Possess health insurance or present proof that you find yourself
covered by the National Health Service;
c) Be enrolled in social security;
d) In the case of unregulated profession, present supporting document
of high professional qualifications in the activity or sector specified in the
contract of employment or in the contract promise of contract of employment;
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e) In the case of regulated profession indicated in the contract of employment or in the
contract promise of employment contract, present supporting document
of professional certification, where applicable.
2-The applicant may be waived from the requirement referred to in point a) of paragraph 1 of the
article 77 whenever it is a holder of a valid right of residence on national territory.
3-For the purposes of the d) of paragraph 1 shall apply to the provisions of paragraphs 3 and 4 of Article 61 (61).
4-The application for granting "EU blue card" is undue in the following situations:
a) When the employing entity has been sanctioned by use of activity
illegal of foreign workers in the last five years;
b) For reasons of public order, public safety or public health.
Article 121-C
Competence
They shall be competent for the decisions provided for in this section:
a) In the cases of cancellation, the member of the Government responsible for the area of
internal administration, with faculty of delegation in the national director of the SEF;
b) In the remaining cases, the national director of the SEF, with faculty of delegation.
Article 121-D
Procedure
1-The request for "EU Blue Card" shall be submitted by the national of a State
third, or by your employer, together with the direction or regional delegation of SEF of your
area of residence.
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2-The application is accompanied by the supporting documents that the applicant
fulfils the conditions set out in Article 121-B.
3-If the information or documents provided by the applicant are insufficient, the
analysis of the application is suspended, send you requested the information or documents
additional necessary, which should be made available in no less than
twenty days fixed by the SEF.
4-A The decision on the application is notified to the applicant, in writing, in no longer term
to 60 days.
5-The decisions to dismiss the grant or the renewal of the "EU Blue Card", well
such as those for cancellation of that card, are notified in writing to the respective
recipient, or your employer, with an indication of the fundamentals, of the
right of judicial challenge and the term of the term.
Article 121-And
Validity, renewal and issuance of "EU blue card"
1-The "EU Blue Card" has the initial validity of one year, renewable for successive periods
of two years.
2-A renewal of 'EU Blue Card' must be requested by the interested until thirty days
before it expires its validity.
3-The "EU blue card" is issued in accordance with the uniform model of residence title
for nationals of third States as provided for in the Portaria No. 1432/2008, 10
of December, and shall be entered under the heading "Type of Title" the designation " Card
Blue EU ".
4-It shall apply to the issuance of the "EU Blue Card" the provisions of Article 212.
Article 121-F
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Cancellation or improper renewal of the "EU blue card"
1-The "EU blue card" is cancelled whenever:
a) The card has been granted on the basis of false or misleading statements,
false, falsified or altered documents, or through the use of means
fraudulent;
b) If you find proven the practice of serious punishable facts by your holder or
when there are strong indications of that practice or that the holder intends to commit
acts of that nature, specifically in the territory of the European Union;
c) If you check there are reasons of public order, public safety or
public health.
2-A The renewal of the "EU Blue Card" is only dewound when, cumulatively:
a) The holder fulfils or continues to fill in the conditions of entry and
residence provided for in this section or when the conditions are maintained
that allowed the issuance of the document;
b) The cardholder possesses sufficient means of subsistence, such as
defined by porterie of the members of the Government responsible for the areas of
internal administration and social security, having present, in particular, the
omission of recourse to the support of social security, excluding the allowance of
unemployment;
c) The holder has not been convicted of felony felony in penalty or feathers that,
isolated or cumulatively, surpass 1 year in prison;
d) Do not be raised questions of public order, public safety or health
public.
Article 121-G
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Access to the labour market
1-During the first two years of legal employment in national territory, the access of the
holder of the "EU blue card" to the labour market is limited to the exercise of
paid activities that fulfil the conditions referred to in Article 121-B.
2-During the first two years of legal employment in national territory as a holder of
a "EU blue card", the modifications that affect the conditions of concession must be
object of communication, if possible prior, in writing, to the SEF.
Article 121-H
Equal treatment
1-The holders of "EU Blue Card" benefit from treatment equal to that of the nationals, in the
which concerns:
a) The conditions of work, including remuneration and dismissal,
as well as the health and safety requirements at work;
b) To freedom of association, membership and adherence to an organization
representative of workers or employers, or any
organization whose members dedicates themselves to certain occupation,
including the advantages provided by these type of organizations,
without prejudice to the national provisions on order and
public safety;
c) To vocational education and training, in the terms of the requirements
defined in the applicable law;
d) To the recognition of diplomas, certificates and other qualifications
professionals, in accordance with applicable law;
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e) To the applicable provisions relating to social security;
f) To the payment of the rights to the statutory pension for old age, acquired with
basis on the incomes and the applicable rate;
g) To access to goods and services and to the provision of goods and services to the
public, including the formalities of obtaining accommodation, well
how the information and advice provided by the services of
employment;
h) To free access to the entire national territory.
2-The right to equal treatment as set out in paragraph 1 shall be without prejudice to the
right to cancel or dismiss the EU blue card under the terms of Article 121.
3-It may be limited to equal treatment in the fields listed in paragraph 1, with
exception of points b) and d ), when the holder of a blue card from another member state
move into the national territory under the terms of Article 121-L, and not yet
a positive decision has been made as to the granting of the EU blue card in Portugal.
4-In cases where the decision referred to in the preceding paragraph has not yet been adopted and the
candidate is allowed to work, equal treatment is full.
Article 121-I
Status of long-term resident for holders of "EU Blue Card"
1-To the holders of 'EU Blue Card' who wish to benefit from the status of resident of
long duration is applicable to the provisions of Articles 125 to 133, with the adaptations
constants of the following numbers.
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2-The status of a long-term resident may be granted to the holder of a " card
blue EU "which has obtained" EU Blue Card " in Portugal pursuant to Article 121-B,
provided that they are cumulatively fulfilled the following conditions:
a) Five years of legal and uninterrupted residency in the territory of the European Union
as a holder of "EU Blue Card"; and
b) Legal and uninterrupted residence in Portuguese territory as a cardholder
blue EU ", in the two years immediately preceding the presentation in Portugal
of the respect requested.
3-For the purposes of the provisions of this Article in respect of the calculation of the period of
legal and uninterrupted residency in the European Union, the periods of absence from the territory
of the European Union shall not interrupt the period referred to in paragraph a) of the number
previous, provided that they are less than 12 consecutive months and do not exceed, in the
totality, 18 months.
4-The provisions of the preceding paragraph shall also apply in cases in which the citizen
national of State third party has resided only in national territory as a holder
of "EU blue card".
5-To the loss of the status of the long-term resident for former holders of "EU Blue Card"
it shall apply as provided for in Article 131 with the necessary adaptations with respect to the
term referred to in para. c) of paragraph 1 of the same article, which is extended to 24 months
consecutive.
Article 121-J
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Long term residence permit
1-To the holders of an "EU Blue Card" that fulfil the conditions laid down in the
previous article for obtaining the status of long-term resident is issued a
title EU long term residence.
2-In the heading "observations" of the title of residence referred to in the preceding paragraph, it shall
be enrolled "Ex-holder of an EU blue card".
Article 121-K
Residence permit for holders of 'EU Blue Card' in another state
member
1-The holder of "EU Blue Card" who has resided at least 18 months as the holder of
"EU Blue Card" in the member state that lho granted for the first time, may
move to Portugal for the purpose of exercise of a highly
qualified and make yourself follow up with your relatives.
2-The applications of "EU Blue Card" on national territory and, where applicable, of
residence permit for the purpose of family reunification, must be
presented within 30 days of the entry into national territory of the holder of
"EU Blue Card" from another member state.
3-The application referred to in the preceding paragraph is accompanied by the supporting documents
of the situation referred to in paragraph 1 and of which it fulfils the conditions of Article 121 (1) of the Article-B,
following the remaining expected tramites for the instruction and decision of the order.
4-The application may be dismissed in accordance with Article 121 (4)-B or if the " Blue Card
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EU " issued by the other member State has lapsed or been cancelled during the
analysis of the request.
5-In the case of the rejection of the application and without prejudice to the provisions of the following number, the
national citizen of State third party and its employing entity are jointly and severally
responsible for the expenses associated with the return and readmission of the cardholder
blue EU " and of his relatives.
6-When the application is dismissed on the grounds of paragraph a) of Article 121 (4)-
B the liability for the expenses referred to in the preceding paragraph shall be exclusive to the entity
employing.
7-The decisions rendered on the applications submitted pursuant to this article are
communicated, in writing, by the SEF to the authorities of the member state of which it comes
the holder of the "EU blue card", preferentially by electronic means.
SUBSECTION VIII
Residence permit in special situations
Article 122.
Residence permit with a residence visa waiver
1-Do not lack a visa for obtaining temporary residence permit the
nationals of third States:
a) Minors, children of foreign citizens holders of residence permit,
born in Portuguese territory;
b) Minors, born in national territory, who here have stayed and if
find to attend preschool education or elementary school education, secondary
or professional;
c) Children of residence permit holders who have reached out to
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majority and have usually remained on national territory since
the 10 years of age;
d) Larger, born in national territory, which from here are not to be missed or
that here have remained since age of less than 10 years;
e) Minors, obligatorily subject to guardian under the Civil Code;
f) Who have left to benefit from the right of asylum in Portugal by virtue of
have ceased the reasons on the basis of which they have obtained the said protection;
g) Who suffer from a disease that requires prolonged medical care that
obscts the return to the country in order to avoid risk to the health of the self;
h) Who have fulfilled effective military service in the Portuguese Armed Forces;
i) That, having lost the Portuguese nationality, hajam remained in the
national territory in the last 15 years;
j) Who have not been absent from the national territory and whose right of residence
has lapsed;
k) Who have minor children residing in Portugal or with nationality
Portuguese on which to effectively exercise the parental power and to whom
ensure livelihood and education;
l) Who are diplomatic and consular agents or spouses ' spouses,
ascendants and descendants to office and have been accredited in Portugal
for a period of not less than three years;
m) Who are or have been victims of criminal or counterordinational offence
serious or very serious regarding the working relationship and which translates into
conditions of social disprotection, wage and time exploitation, of which
there are evidenced evidence by the Authority for the Working Conditions,
provided that they have denounced the infringement of the competent entities and with them
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collaborate;
n) Who have benefited from a residence permit granted under the
article 109;
o) Who, having benefitted from residence permit for study, granted the
shelter from Articles 91 or 92, and completed your studies, wish to exercise
in national territory a professional, subordinate or independent activity,
save when that has been issued in the framework of cooperation agreements and
there are no weighty grounds of national interest that justifies it;
p) Who, having benefitted from temporary stay visa for activity of
research or highly qualified, intending to exercise in national territory
a research activity, a teaching activity in an establishment of
higher education or highly qualified, subordinate or independent:
q) To make proof of the investment activity, pursuant to which it relates to
point ( d ) of Article 3.
2-For the purposes of the provisions of the m) of the previous number, are only considered the
infractions that translate into conditions of social disprotection, wage exploitation or
of time, in particularly abusive working conditions or in the case of use
of the activity of minors in illegal situation.
3-In cases provided for in points n ), the ) and p) of paragraph 1 shall apply, with due adaptation, the
in the provisions of Articles 88, 89 or 90, depending on the cases.
4-It is also granted residence permit with a visa waiver to the
ancestry in 1. degree of the foreign citizens covered by the b ) of paragraph 1, which
on them to effectively exercise parental power, and applications may be made
concurrent.
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5-Whenever the smallest, without any reason served, cede to attend preschool education
or the basic education is cancelled or not renewed the temporary residence permit
granted under the paragraph b) of paragraph 1 and paragraph 4.
6-Whenever the minor, without any reason served, cede to attend secondary school or
professional may be cancelled or not renewed the temporary residence permit
granted under the paragraph b) of paragraph 1 and paragraph 4.
7-Residents permit holders granted with a visa waiver under the
previous figures enjoy the rights provided for in Article 83.
Article 123.
Exceptional regime
1-When extraordinary situations arise that are not applicable to the
provisions provided for in Article 122, as well as in cases of residence permit
on humanitarian grounds under the law regulating the right of asylum, upon proposal
of the national director of the SEF or on the initiative of the member of the Government responsible for the
area of the internal administration may, exceptionally, be granted permission to
temporary residence for foreign citizens who do not fulfil the required requirements
in this Law:
a) For reasons of national interest;
b) For humanitarian reasons;
c) For reasons of public interest arising from the exercise of an activity
relevant in the scientific, cultural, sporting, economic or social field.
2-The decisions of the member of the Government responsible for the area of internal administration
on applications for a residence permit that are formulated under the
exceptional regime provided for in this Article shall be duly substantiated.
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Article 124.
Foreign minors born in the Country
1-Foreign minors born in Portuguese territory benefit from status of
resident identical to that granted to any of its parent.
2-For the purpose of issuing the residence permit, it shall owe any of the progenitors
present the respective application in the six months following the registration of birth of the
minor.
3-Elapsed the time limit provided in the preceding paragraph, may still any citizen request
to the curator of minors who replace the progenitors and rewant the grant of the
status for the minors.
CHAPTER VII
Status of the long-term resident
Article 125.
Beneficiaries
1-Can be beneficiaries of the status of long-term resident the nationals of
Third States lawfully residing in the national territory and fills in
conditions set for their concession.
2-Cannot benefit from the status of long-term resident the nationals of
Third states that:
a) Have a residence permit for study, professional internship no
remunerated or volunteered;
b) Be authorised to reside in national territory under protection
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temporary or have applied for a residence permit for that reason and
they are awaiting a decision on their status;
c) [ Repealed ];
d) [ Repealed ];
e) Remain in Portugal exclusively for reasons of temporary nature,
as seasonal workers, workers posted by a provider of
services for the purpose of provision of cross-border services, or providers
of cross-border services;
f) Benefit from a legal status under the Vienna Convention on
diplomatic relations, adopted on April 18, 1961, or of the Convention of
Vienna on consular relations, adopted on April 24, 1963.
Article 126.
Conditions for the acquisition of long-term resident status
1-The status of long-term resident is granted to the national of State third party
that:
a) Have legal and uninterrupted residency on national territory during the five years
immediately prior to the submission of the application or, should it be treated
beneficiary of international protection, from the date of the submission of the application of the
which resulted in the granting of international protection;
b) Possess stable and regular resources that are sufficient for your own
subsistence and to that of their relatives, without resorting to the subsystem of
solidarity;
c) Dispose of health insurance;
d) Be provided with accommodation;
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e) Demonstrate fluency in the basic Portuguese.
2-The periods of residence for the reasons referred to in points e) and f) of the Article 2 (2)
previous shall not be taken into account for the purposes of calculating the period referred to in paragraph a )
of the previous number.
3-In cases covered by the paragraph a) of paragraph 2 of the previous article, where the national
of the third country has obtained residence permit that will enable it to benefit from the
long-term resident status, the period in which he was a residence holder for
effects of study, unpaid vocational training or volunteering is
taken into account, in half, for the calculation of the period referred to in paragraph a ) of paragraph 1.
4-The periods of absence from the national territory do not interrupt the period referred to in the
point ( a ) of paragraph 1 and enter into the calculation of this, provided that they are less than 6 months
consecutive and do not exceed, in totality, 10 months understood in the period
referred to in para. a) of paragraph 1.
5-Are, however, taken into account in the calculation of the period referred to in point (a) of paragraph 1
the periods of absence due to secondment for reasons of work, inter alia
in the framework of a cross-border provision of services.
6-For the purposes of the application of the b ) of paragraph 1, the resources are assessed by reference to the
its nature and regularity, taking into consideration the level of the minimum wage and the
pensions prior to the application for the acquisition of long-term resident status.
7-The periods of uninterrupted stay on national territory under a visa
of work or a permit to remain, issued under the legislation
previous, they are relevant for the calculation of the time limit set out in the a ) of paragraph 1.
Article 127.
Public order and public safety
1-Can be refused long-term resident status for reasons of public order
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or of public safety, and should be taken into account the seriousness or type of
offense to public order or public safety committed, or the dangers that may
arise from the permanence of that person on national territory, as well as the duration of the
residence and the existence of links to the Country.
2-A The refusal referred to in the preceding paragraph shall not be based on economic reasons.
3-Without prejudice to the provisions of the preceding paragraphs, the status of
long-lasting resident based on international protection whenever it occurs
revocation, deletion or refusal to renew that protection, pursuant to the points
a) and b) of Article 41 (1) of Law No 27/2008 of June 30.
Article 128.
Competent entity
The granting or refusal of the long-lasting status is the competence of the director
general of SEF, with faculty of delegation.
Article 129.
Procedure for the acquisition of long-term resident status
1-Is
competent to receive the application for the granting of the status of a long-term resident
duration the SEF delegation from the area of the applicant's residence.
2-The
application is accompanied by the supporting documents that the national of a
Third State fulfils the conditions set out in Article 126, as well as of a
valid travel document or authenticated copy of the same.
3-S
in prejudice to the previous number, the application for the granting of resident status of
long duration formulated by third State national that is simultaneously
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holder of a long-lasting EU title issued by another EU member state is
preceded by consultation with that with a view to ascertain whether the applicant continues to
benefit from international protection.
4-L
ogo that possible and in any case within six months the applicant is notified
in writing of the decision made.
5-And
m exceptional circumstances associated with the complexity of the analysis of the application, the time limit
referred to in the preceding paragraph may be extended by another three months, the
informed applicant of such an extension.
6-A
absence of decision within nine months amounts to the deferris of the application.
7-S
and the conditions set out in Article 126 are fulfilled and the applicant does not
represent a threat within the meaning of Article 127 is granted the status of resident
of long duration.
8-T
odas people who require long-term resident status are
informed of the rights and obligations incumbent on it.
9-The
long-term resident status has permanent character on the basis of a title
renewable.
10-A
granting of the status of long-term resident of the third State national
with a residence permit granted under Article 116 is communicated by the
SEF to the member state which granted it for the first time the status of resident of
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long duration.
Article 130.
Title EU long term residence
1-Long-term residents are issued an EU long term residence permit.
2-The title EU long term residence has a minimum validity of five years,
being automatically renewable, upon application, at the end of the period of
validity.
3-The EU long term residence permit is issued under the rules and the model
uniform of residence permit for nationals of third States, in force in the
European Union, and shall be entered in the heading "Type of title" the designation
"Long-lived EU resident".
4-In the circumstance of being issued EU title of long-term residence the national of
State third party that has benefited from international protection in another state
member, in the title in question should be inscribed the observation " International protection
granted by [...] (identification of the member state) in [...] (date) ".
Article 131.
Loss of status
1-Long-term residents lose long-term resident status in the
following cases:
a) Fraudulent acquisition of the status of long-term resident;
b) Adoption of an expulsion measure in accordance with Article 136;
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c) Absence of the territory of the European Union for a period of 12 months
consecutive;
d) Acquisition in another state member of the status of long-term resident;
e) Absence of the national territory for a period of six consecutive years.
2-The absences of the territory of the European Union for a period of more than 12 months
consecutive justified reasons for specific or exceptional reasons do not imply loss
of the statute, particularly when the long-term resident remained in the country
of origin, in order to develop a professional or business activity, or of
cultural or social nature.
3-The absences of the national territory for a period of more than six consecutive years
justified by specific or exceptional reasons do not imply the loss of the statute,
particularly when the long-term resident remained in the country of origin, the
end of there develop a professional or business activity, or of nature
cultural or social.
4-Where the loss of the statute is due to the verification of the situations provided for in the
points c ) and e) of paragraph 1, the person concerned may reacquire the status of a long-term resident
duration upon application, provided that the conditions laid down in the
points b) a d) of Article 126 (1).
5-A The decision on the application referred to in the preceding paragraph is handed down in the
period of three months.
6-A The expiry of the long-term EU title of residence does not imply the loss of the
long-lasting resident status.
7-A The loss of long-term resident status implies the cancellation of the
residence permit and the seizure of the long term EU residence permit.
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8-The cancellation of the residence permit of the long-term resident is from the
the competence of the member of the Government responsible for the area of internal administration,
with the faculty of delegation in the national director of the SEF.
9-If the loss of the status of long-term resident leads to the removal of
national territory of a third State citizen who has been a holder of the EU title of
long duration provided for in Article 130 (4), such remoteness can only be effected
for the country identified in the observations.
10-In the situation referred to in the preceding paragraph, if in respect of the citizen of State
third there are serious reasons to believe that it poses a danger to safety
national or public order, if he has been convicted of a sentence transitioned on trial
by felony felony to match effective penalty of more than one year in prison, still
that, in the case of felony felony conviction provided for in this diploma or with
this condo, or by crime of terrorism, by violent crime or by
especially violent or highly organized crime, the respect execution
has been suspended, or if it has been withdrawn the international protection conferred by
another member state, the remoteness can be effected to different country, observed
the principle of non-refoulement.
11-If the loss of the long-term resident status does not lead to the removal, it is
granted to the person in question a residence permit with a visa waiver.
Article 132.
Procedural guarantees
1-The decisions to dismiss the application for the acquisition of the status of a long-term resident
duration or loss of the said status are notified to the person concerned with referral
of its fundamentals, the right of judicial challenge and the respect of the term.
2-The decisions to dismiss the application for the acquisition of the status of a long-term resident
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duration or loss of the said status are communicated, by electronic means, to the
ACIDI, I.P., with an indication of its fundamentals.
3-A decision to dismiss the application for the acquisition of the status of a long-term resident
duration or the decision to forfeit that status are likely to be challenged by judicial
with suspensive effect, before the administrative courts.
Article 133.
Equal treatment
The beneficiaries of the long-term status benefit from equal treatment
in the face of nationals under the Constitution and law, specifically in relation to:
a) Access to an independent or a subordinate professional activity, provided that such
activity does not imply, not even the occasional title, involvement in the exercise
of the public authority, without prejudice to the application of special arrangements to nationals of
Portuguese-speaking countries;
b) Access to conditions of employment and work, including conditions of
dismissal and remuneration;
c) Vocational education and training, including grants and scholarships in
compliance with applicable legislation;
d) Recognition of professional diplomas, certificates and other titles, in
compliance with the relevant law and national procedures;
e) Social security, social assistance and social protection;
f) Tax benefits;
g) Health care;
h) Access to goods and services and to the provision of goods and services at the disposal of the
public, as well as the procedures for obtaining accommodation;
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i) Freedom of association, membership and adherence to a representative organization of
workers or employers or to any organization whose members if
dedicate to the given occupation, including the advantages afforded by that
type of organisations, without prejudice to the national provisions on order
public and public safety;
j) Free access to the entire national territory.
CHAPTER VIII
Remoteness of national territory
SECTION I
General provisions
Article 134.
Fundamentals of the decision of coercive removal or expulsion
1-Without prejudice to the constant provisions of international conventions of which Portugal
be Part or the one that binds, is cast aside coercively or expelled judicially from the
Portuguese territory, the foreign citizen:
a) To enter or remain illegally in Portuguese territory;
b) Which constitutes a threat to the public order, to national security, or
for international relations of a member state of the European Union or of
State where the Convention of Application of the Schengen Agreement invigorates;
c) Whose presence or activities in the Country constitute threat to the interests or the
dignity of the Portuguese State or its nationals;
d) Who interfering in an abusive manner in the exercise of political participation rights
reserved for national citizens;
e) Who has practiced acts that, if they were known to the authorities
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Portuguese, would have hindered their entry into the Country;
f) In relation to which there are strong indications of the practice of serious punishable facts
or of which it intends to practise such facts, in a member state of the European Union
or in the State where they behold the Convention of the Application of the Schengen Agreement;
g) Who is the holder of a valid residence permit, or another title, that
check right of permanence in another member state and do not comply with
obligation to address itself, immediately, to that member state.
2-The provisions of the preceding paragraph shall be without prejudice to the criminal liability in which the
foreigner there is incurred.
3-The refugees apply for the most beneficial regime resulting from law or convention
international to which the Portuguese state is obliged.
4-The coercive removal decisions adopted on the grounds of paragraph b) of paragraph 1
are from the competence of the national director of the SEF.
5-A The competence provided for in the preceding paragraph shall not be delegated.
Article 135.
Limits to the decision of coercive or expulsion
With the exception of cases of attack on national security or public order and
situations provided for in points c) and f) of Article 134 (1), shall not be removed or
expelled from the national territory the foreign citizens who:
a) They were born in Portuguese territory and here habitually reside;
b) Have your child post minor children of Portuguese or foreign nationality,
to reside in Portugal, on which they effectively exercise parental power and the
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who ensure livelihood and education;
c) Meet in Portugal from less than 10 years and here reside
usually.
Article 136.
Protection of the long-lasting resident in Portugal
1-A The court expulsion decision of a long-lasting resident can only be based on the
circumstance of this represents a real and sufficiently serious threat to the order
public or public safety, and should not be based on economic reasons.
2-Before a decision for expulsion of a long-term resident is taken, they are
taken into account the following elements:
a) The duration of the residence in the territory;
b) The age of the person in question;
c) The consequences for that person and for their relatives;
d) The ties with the country of residence or the absence of ties with the country of origin.
3-A The expulsion decision is susceptible to judicial challenge, with suspensive effect.
4-The long-lasting resident who does not have sufficient resources is granted
judicial support, in the terms of the law.
Article 137.
Remoteness of long-term residents in a Member State of the Union
European
1-A coercive removal decision may be applied to the holder of the long-standing status
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duration granted by a member state of the European Union, if it remains
illegally on national territory.
2-While the national of a third state, with a residence permit granted
under Article 116, have not obtained long-term resident status in
national territory, the decision of coercive remoteness can only be taken in the terms
of paragraphs 1 and 2 of Article 136, after consultation with the Member State of the European Union that
granted him the status.
3-In the event of a coercive removal to the territory of the Member State of the Union
European who granted him the status of long-term resident, the authorities
competent are notified of the decision by the SEF.
4-SEF takes all measures to effectively execute such a decision and inform the
competent authorities of the Member State of the European Union, which granted the
long-term resident status to the person in question, of the measures adopted
relatively to the implementation of the coercive removal decision.
Article 138.
Voluntary abandonment of the national territory
1-The foreign citizen who among or remains illegally on national territory may
not be held under Rule 146, but notified by SEF to abandon
voluntarily the national territory within the period set to be fixed, between 10 and 20 days.
2-The foreign citizen to whom the residence permit has been cancelled is
notified by the SEF to voluntarily abandon the national territory within the period that
it is fixed to you, between 10 and 20 days.
3-The time limit referred to in the preceding paragraphs may be extended by the SEF having in
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account, in particular, the duration of the stay, the existence of children who attend
the school and the existence of other members of the family and social ties, of this being
notified the foreign citizen.
4-In the event of a decision to cancel a residence permit under the terms of the article
85., where there is danger of escape or if it has been dismissed request for an extension of
permanence by manifestly unfounded or fraudulent, or if the person concerned
constitute a threat to the order or public safety or to national security,
the foreign citizen is notified to immediately abandon the national territory,
under penalty of incurring the crime of qualified disobedience.
5-Compliance with the order of immediate abandonment of the national territory presupposes the
use by the foreign citizen of the first means of travel available and appropriate to the
your situation.
Article 139.
Support for voluntary return
1-The State can support the voluntary return of foreign citizens who fill the
conditions required for countries of origin, in the framework of cooperation programmes
established with international organizations, namely the Organization
International for Migration, or nongovernmental organizations.
2-Foreign citizens who benefit from the support granted in the terms of the number
previous, when holders of residence permit, deliver it at the post of
border at the time of boarding.
3-During a period of three years after the abandonment of the Country, the recipients of support to the
voluntary return can only be admitted into national territory if they restore the
amounts received, plus interest at the legal rate.
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4-The provisions of the preceding paragraph shall be without prejudice to the possibility of exceptional issuance of
short-lived visa, for humanitarian reasons, in the terms set out in Article 68.
5-Are not subject to the requirement provided for in paragraph 3 to citizens who have benefitted from
a temporary protection regime.
Article 140.
Competent entities
1-A The decision of coercive removal may be determined, under the terms of this Law,
by competent administrative authority.
2-Compete equally to the national director of the SEF the decision to file the
process.
3-A The judicial decision for expulsion is determined by competent judicial authority.
4-A The expulsion decision is either the nature of incidental punishment or is adopted when the
foreign citizen object of the decision has entered or stayed regularly in
Portugal.
Article 141.
Procedural competence
1-It is competent to send out coercive removal proceedings and to order
the continuation of the autos, determining, inter alia, their submission to the court
competent, the national director of the SEF, with delegation competence.
2-Compete equally to the national director of the SEF the decision to file the
process.
Article 142.
Measures of coating
1-In the framework of expulsion proceedings, in addition to the coating measures listed in the
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Code of Criminal Procedure, with the exception of pretrial detention, the judge can, with
danger of leakage, still determine the following:
a) Periodic presentation at the SEF;
b) Obligation to remain in housing with use of means of surveillance
electronic, in the terms of the law;
c) Placement of expellating in temporary installation center or in space
equated, in the terms of the law.
2-Are competent for the application of coating measures the judgements of small-instance
criminal or the courts of comarch of the place where the foreign citizen is found.
Article 143.
Country of destination
1-The coercive estrangement and expulsion cannot be effected for any country where
the foreign citizen may be persecuted for the reasons that, under the law,
justify the granting of the right of asylum or where the foreign citizen may suffer
torture, inhuman or degrading treatment in the acetation of Article 3 of the Convention
European Human Rights.
2-To be able to benefit from the guarantee provided for in the preceding paragraph, the person concerned shall
invoke the fear of persecution and present the proof in the time limit which comes to you
be granted.
3-In cases referred to in the preceding paragraph the target is forwarded to another country
may accept it.
Article 144.
Entry interdiction deadline
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To the foreign citizen subject to removal is vetted entering national territory by
period not less than five years.
SECTION II
Coercive removal determined by administrative authority
Article 145.
Coercive removal
Without prejudice to the application of the readmission regime, the coercive remoteness can only be
determined by administrative authority on the grounds of entry or stay
illegal in national territory.
Article 146.
Trames of the coercive removal decision
1-The foreign citizen who among or remains illegally on national territory is
held by police authority and, where possible, delivered to the SEF, accompanied
of the self-respecting self, owing the same to be present, within a maximum of 48 hours a
count from detention, to the judge of the small criminal instance, in the respect of the area of
jurisdiction, or the court of comarch, in the remaining areas of the country, for validation and
possible application of coating measures.
2-If placement in temporary installation center or space is determined
equated, is given knowledge to the SEF so that it promotes the competent process
targeting the estrangement of the foreign citizen from the national territory.
3-A The placement provided for in the preceding paragraph shall not extend longer than
o necessary to enable the execution of the coercive removal decision, without which
may exceed 60 days.
4-If no placement in the temporary installation centre is determined, it is also
made the communication to the SEF for the purposes indicated in paragraph 2, notifying the citizen
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foreign from which it is to appear in the respected service.
5-No coercive removal process is organized against the foreign citizen who:
a) Having entered irregularly on the national territory, submit application for asylum to
any police authority within the forty-eight hours after its entry;
b) Be holder of a valid residence permit or other title, which confers on you
right to stay in another member state and comply with its obligation to
to address immediately to that member state;
c) Be readmitted or accepted at the request of another member state of the European Union,
in accordance with international agreements or conventions concluded in that
sense, as long as it is title bearer that empowers you to stay or reside
legally on national territory;
d) Be a holder of a residence permit or other habilitative title of your
legal stay on national territory, in accordance with the provisions
legal in force.
6-The foreign citizen in the conditions referred to in paragraph a) of the previous number awaits
at liberty the decision of your application and shall be informed by the SEF of your rights and
obligations, in harmony with the provisions of the regulatory law of the right of asylum.
7-Are competent to effect detentions, pursuant to paragraph 1, the authorities and the
officers of authority of the SEF, the Republican National Guard, the Police of
Public Safety, the Police Judiciary and the Maritime Police.
Article 146-The
Conditions of detention
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1-The foreigner held in temporary installation centre or equated space is
authorized, on request, to contact its legal representatives opportunely, its
relatives and the competent consular authorities.
2-The foreigner held in temporary installation center or equiped space has
right to communicate with your lawyer or defender in private.
3-The foreigner held in temporary installation center or equiped space has
right to the provision of urgent health care and the basic treatment of diseases,
and special attention should be given to the situation of vulnerable persons, in particular
minor, unaccompanied minors, people with disabilities, elderly, pregnant,
families with minor children and persons who have been victims of torture, rape or
other serious forms of psychological, physical or sexual violence.
4-Within the scope of the management powers of the temporary reception centres conferred on the
SEF, protocols can be concluded with national or international organizations
with recognized work in the area of immigration, aiming to define the form of authorization
and conditions of visit to those.
5-The detained foreigner is provided document that they build the rules applied in the
temporary installation center or equiped space, which indicates your rights and
duties, particularly the right to contact the entities referred to in paragraph 1.
6-The detained families must stay housed in separate places that guarantee due
privacy.
7-The minors accompanied by detainees should have the possibility to participate in
leisure activities, notably in games and recreational activities of your own
age, and, depending on the length of stay, must have access to teaching.
Article 147.
Driving to the border
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1-The foreign citizen held in accordance with Rule 146 (1) which, during the
judicial interrogation and after being informed of the provisions of paragraphs 2 and 3, declare
intend to abandon the national territory may, by determination of the competent judge and
provided that properly documented, be delivered to the custody of the SEF for the purposes of
driving to the post of border and removal in the shortest possible time.
2-The citizen who declarintends to be led to the border post becomes interdict of
enter national territory by the deadline of one year.
3-A-The driving at the border implies the enrolment of the citizen in the Information System
Schengen and on the national list of persons not admissible by the period of the interdiction of
entry.
Article 148.
Process
1-During the instruction of the proceeding is the hearing of the person against whom the
even it was instituted, which enjoys all the defence guarantees.
2-A hearing referred to in the preceding paragraph is worth, for all purposes, as an audience of the
interested.
3-The instructor shall promote the representations deemed essential for the clearance of the
true, and may refuse, in reasoned order, those required by the person against
to which the proceedings have been instituted, when they judge sufficiently proved the facts
alleged by this one.
4-Completed the instruction, the respective report is drawn up, in which the instructor makes the
description and appreciation of the established facts, proposing the resolution you consider
appropriate, and the process is present to the competent entity to profer the decision.
Article 149.
Decision of coercive removal
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1-A The decision of coercive removal is the competence of the national director of the SEF.
2-A The decision of coercive removal is communicated by electronic means to ACIDI, I. P., and
to the Advisory Board and notified to the person against whom the proceedings were instituted
with an indication of its fundamentals, the right to challenge judicial and the respect
deadline, as well as your enrolment in the Schengen Information System or the list
national of inadmissible persons.
3-A The decision of coercive remoteness contains compulsorily:
a) The fundamentals;
b) The legal obligations of the national of the third country subject to the decision of
coercive remoteness;
c) The interdiction of entry into national territory, with the indication of the respect
term;
d) The indication of the country to where the foreign citizen should not be forwarded
which benefits from the guarantee provided for in Article 143.
Article 150.
Judicial challenge
1-A The decision of coercive removal, delivered by the national director of the SEF, is susceptible
of judicial challenge with devolutive effect before the administrative courts.
2-The provisions of the preceding paragraph shall be without prejudice to the right of the foreign citizen to
resorting to urgent proceedings, or with suspensive effect, provided for in the procedural law
administrative.
3-The foreign citizen enjoys, on request, the benefit of legal protection, applying
with due adaptations to Law No. 34/2004 of July 29 on the scheme provided for
appointment of defender of defendants for urgent representations.
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4-A The request of the person concerned may be provided for translation and interpretation services for
effects of the judicial challenge to which they refer to paragraphs 1 and 2.
SECTION III
Judicial expulsion
SUBSECTION I
Expulsion incidental penalty
Article 151.
Expulsion incidental penalty
1-A The expulsion incidental penalty may be applied to the non-resident foreign citizen in the
Country, convicted of felony felony in penalty of more than 6 months of effective imprisonment or in
penalty of fine in alternative to the prison sentence of more than 6 months.
2-A the same sentence may be imposed on a foreign national resident in the Country,
convicted of felony felony in penalty of more than 1 year in prison, and must, however, have-
if in account, in its application, the seriousness of the facts practiced by the accused, its
personality, eventual reoffending, the degree of insertion in social life, prevention
special and the time of residence in Portugal.
3-Without prejudice to the provisions of the preceding paragraph, the incidental penalty of expulsion may only be
applied to the foreign citizen with permanent residence when his or her conduct
constitutes a sufficiently serious threat to the public order or security
national.
4-Being enacted the incidental penalty of expulsion, the feathering judge orders his / her
execution as soon as fulfilled:
a) Half of the penalty in cases of conviction in penalty of 5 or less
of imprisonment;
b) Two thirds of the penalty in cases of conviction in penalty of more than 5 years of
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prison.
5-The feathering judge may, under a reasoned proposal from the director of the
prison establishment, and without opposition of the convict, decide the anticipation of the
execution of the expulsion incidental penalty as soon as it has met a third of the penalty, in the
cases of conviction in sentence equal to or less than 5 years in prison and as long as it is
ensured fulfillment of the remnant of the penalty in the country of destination.
SUBSECTION II
Autonomous measure of judicial expulsion
Article 152.
Competent court
1-Are competent to apply the autonomous measure of expulsion:
a) In the respects areas of jurisdiction, the judgements of the minor criminal instance;
b) In the remaining areas of the Country, the courts of comarch.
2-A Territorial competence determines depending on the residence in Portugal of the
foreign citizen or, in the absence of this, of the place in which it is found.
Article 153.
Process of expulsion
1-Where you are aware of any fact that may constitute grounds for
expulsion, the SEF organizes a process where the evidence to be obtained is collected
decision.
2-The process of expulsion starts with the dispatch that sent him to institute and must
contain, in addition to the identification of the foreign citizen against whom it was mandated
to establish, all the remaining relevant evidence that respects you,
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specifically the circumstance of being or non-resident in the Country and, being it, the period of
residence.
3-In case of prosecution also for the crime of disobedience for no immediate abandonment
of the national territory in accordance with Article 138 (4), this is judged by apenso.
Article 154.
Judgment
1-Received the process, the judge marks judgment, which is due to take place in the five days
following, sending notifying the person against whom the proceedings were instituted, the
witnesses indicated in the autos and the SEF, in the person of the regional director's respect.
2-It is mandatory for attendance at the hearing of the person against whom the proceedings were instituted.
3-In the notification to the person against whom the proceedings have been instituted the must to mention
likewise who, wanting, may present the contestation at the trial hearing and
piece together the rol of witnesses and the remaining evidence-proof elements.
4-A notification of the SEF, in the person of the respected regional director, aims at the designation of
service employee or employees who can provide the court with the
clarifications considered to be of interest to the decision.
5-In cases provided for in paragraph f ) of Article 134 (1) applies to the provisions of paragraphs 1 and
2 of Article 382 and in articles 385 and 389 of the Code of Criminal Procedure.
Article 155.
Postponement of the hearing
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1-The trial can only be postponed a single time and until the 10 th day after the date on
that should take place:
a) If the person against whom proceedings has been instituted request that time limit for the
preparation of their defence;
b) If the person against whom the proceedings was instituted will be missing the trial;
c) If the trial fails witnesses that to the discovery of the truth of the
facts and that may predictably be carried out within that time frame.
2-The provisions of the a ) a c ) of the preceding paragraph shall not apply to the cases provided for in the
point ( f) of Article 134 (1).
Article 156.
Subsidiary application of the summary process
With the exception of the cases provided for in the paragraph f) of Article 134 (1), shall apply, with the
necessary adaptations, the provisions of the Code of Criminal Procedure relating to the trial
in summary process.
Article 157.
Content of the decision
1-A The expulsion court decision mandatorily contains:
a) The fundamentals;
b) The legal obligations of the expellating;
c) The interdiction of entry into national territory, with the indication of the respect
term;
d) The indication of the country to where the foreign citizen should not be forwarded
which benefits from the guarantee provided for in Article 143.
2-A The execution of the decision implies the enrolment of the expelling in the System of
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Schengen information or on the national list of persons not admissible by the
entry interdiction period.
3-A enrollment in the Schengen Information System is notified by expelling by the
SEF.
Article 158.
Feature
1-From the court ruling mandating expulsion rests with appeal to the Court of Relation
with devolutive effect.
2-It is applicable to the provisions of the Code of Criminal Procedure on appeal.
ordinary.
SECTION IV
Execution of the decisions of coercive and expulsion
judicial
Article 159.
Competence for the implementation of the decision
It is incumbent upon the SEF to give execution to the decisions of coercive and expulsion removal.
Article 160.
Compliance with the decision
1-To the foreign citizen against whom a decision of coercive removal is delivered
or judicial expulsion is granted an exit deadline of national territory, between 10 and
20 days
2-In duly substantiated situations, particularly when you check for reasons
concrete and objective generators of conviction of intention to escape, whenever the national
of a third State using false or falsified documents, or has been detached
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in situations that indict the practice of a crime, or there are serious reasons to believe that
has committed serious criminal acts or strong indications that it intends to commit acts of that
nature, the citizen is handed over to the custody of the SEF, with a view to the execution of the decision of
coercive removal or judicial expulsion.
3-May be required to the competent judge, while not being executed the decision of
coercive or judicial expulsion, and while not expiring the time referred to
in paragraph 1, that the foreign citizen shall be subject to the scheme:
a) From placement in temporary installation center or equiped space, by
period not exceeding sixty days;
b) From obligation to stay in housing with use of means of surveillance
electronics;
c) From periodic presentation in the SEF or to the police authorities;
d) Of payment of a surety.
4-During the period granted will be taken into consideration the special needs of the
vulnerable people, in particular from the minors, people with disabilities, elderly, pregnant,
single-parent families with smaller children and people who have been victims of
torture, rape or other serious forms of psychological, physical or sexual violence.
5-During the time limit granted for voluntary departure the foreigner is entitled to the
maintenance of the family unit with the family members present in the territory
national, the provision of urgent health care and the basic treatment of diseases
and, if it is minor, access to the public school system.
6-The deadline set out in paragraph a) of paragraph 3 may be higher, although it cannot ever
exceed the four months, in cases where there are, in respect of the citizen
foreign, strong evidence of having practiced or intending to practise serious punishable facts,
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or have been convicted of felony felony, or constitute a threat to the order
public, for national security or for the international relations of a State
member of the European Union or of states where they are invigorating the Convention of Application.
Article 161.
Disobedience to the decision
1-The foreign citizen who does not abandon the national territory within the time limit he / she has
been fixed is held and conducted at the border crossing for removal from the territory
national.
2-If it is not possible to carry out the decision of coercive or expulsion removal in the
period of forty-eight hours after the arrest, knowledge is given of the fact to the
judge of the judgment of small criminal instance, in the respect area of jurisdiction, or of the
court of comarch, in the remaining areas of the country, in order to be determined a
maintenance of the foreign citizen in temporary installation centre or in
equated space.
Article 162.
Communication of the decision
The execution of the decision of coercive or expulsion removal is communicated, by the way
diplomatic, to the competent authorities of the country of destination of the foreign citizen.
SECTION V
Readmission
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Article 163.
Concept of readmission
1-Under the terms of international conventions, foreign citizens who meet
illegally in the territory of a state, coming directly from another state, may be
by this readmitted, upon request formulated by the State in whose territory if
find.
2-A readmission is said to be active when Portugal is the requesting and passive state when
Portugal is the required state.
Article 164.
Competence
The acceptance of applications for readmission of persons by Portugal, as well as the
submission of applications for readmission to another State, is the competence of the Director
national of the SEF, with faculty of delegation.
Article 165.
Active readmission
1-Whenever an irregular foreign citizen on national territory should be
readmitted by another State, the SEF formulates the respectable application, observing, with the
necessary adaptations, the provisions of Article 153.
2-During the instruction of the readmission process is ensured the hearing of the citizen
foreign to be resubmit to the requested State, worth the same, for all purposes,
as an audience of the concerned.
3-If the application submitted by Portugal is accepted, the competent body determines the
referral of the foreign citizen to the requested State.
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4-In case the application is refused, expulsion proceedings are instituted.
5-It is competent to determine the referral of the foreign citizen to the State
required the author of the application for readmission.
6-The referral of the foreign citizen to the requested State implies the inscription on the list
national of non-admissible persons and in the Schengen Information System, if the
State required to be a third state.
Article 166.
Feature
Of the decision determining the referral of the foreign citizen to the requested State rests
resource for the member of the Government responsible for the area of internal administration, the
intercom within 30 days, with a disclective effect.
Article 167.
Input interdiction
To the foreign citizen resent to another State under international convention
is vetted the entry into the Country for the period of three years.
Article 168.
Passive readmission
1-The
foreign citizen readmitted into Portuguese territory, which does not gather the conditions
legally required to remain in the Country, is object of removal measure from the
national territory provided for in this Chapter.
2-S
on readmitted, immediately and without formalities, on national territory, the nationals
of third States that:
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a) Have acquired the status of long-term resident in Portugal, well
like your relatives, whenever they have been subject to a decision of
coercive remoteness of the member state where they exercised their right to
residence;
b) Be holders of residence permit ("EU blue card"), issued in the
terms of the articles 121-A and following, as well as their relatives, albeit
that one is lapsed or has been withdrawn during the analysis of the application,
where they have been subject to a decision of coercive removal from the
Member state to where they have shifted to highly working effects
qualified;
c) Be the object of application for acceptance formulated by another member state of the
European Union, under agreements or conventions in that sense, in the condition
of being bearers of securities that enable them to stay or reside
legally in national territory.
3-A
obligation of readmission referred to in the preceding paragraph shall be without prejudice to the possibility of the
long-lasting resident and his family members move to a third state
member.
SECTION VI
Mutual recognition of expulsion decisions
Article 169.
Recognition of a removal decision taken against a national of
Third state
1-Are recognized and enforced in accordance with the provisions of this Section as
removal decisions made by competent administrative authority of State
member of the European Union or of State Party in the Convention of Application against a
nation of State third party that finds itself on national territory, provided that the decision
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of removal is based:
a) In a serious and current threat to the public order or to safety
national of the State author of the decision;
b) In default by the national of the State third party in question
of the regulations on the entry and stay of citizens
foreigners from the State author of the removal decision.
2-Only a removal decision based on the provisions of the paragraph is recognised a) from the
previous number, if this has been taken in the event of:
a) Condemnation of the national of the State third party by the State author of the decision of
removal for a passable offence of imprisonment of not less than 1 year;
b) Existence of serious reasons to believe that the national of State third party has committed
serious punishable acts or existence of real evidence that it intends to commit acts
of that nature in the territory of a member state of the European Union or of
a State Party to the Convention of Application.
3-If the person covered by the preceding paragraph is a holder of a permit to
residence issued on national territory, the recognition and execution of the measure of
removal can only be determined by judicial authority, according to the willing
in Articles 152 to 158.
4-Without prejudice to the provisions of Article 25 (2) of the Convention of Application, always
that the person object of a removal decision to which they refer to paragraphs 1 and 2 is
holder of a residence permit issued by a member state of the Union
European or by a State Party to the Convention of Application, the SEF consults the
competent authorities of that State, for the purpose of possible cancellation of the
residence permit in accordance with the legal provisions in force, well
as the state author of the removal decision.
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5-A removal decision pursuant to paragraphs 1 and 2 is only recognised, if it is not postponed
or suspended by the author State.
6-The provisions of this Article shall apply without prejudice to the provisions on the
determination of the responsibility of the member states of the European Union by the analysis
of an application for asylum and readmission agreements concluded with member states
of the European Union.
Article 170.
Competence
1-It is competent for the implementation of the removal measures referred to in the preceding Article
SEF.
2-Where the decision of removal, taken by competent national authority, is
performed by a member state of the European Union or by a State Party in the
Implementing Convention, the SEF provides to the competent body of the State of implementation
all documents required to substantiate that the enforceable nature of the measure
of remoteness has a permanent character.
3-SEF is authorised to create and maintain a data file of a personal nature for the
purposes set out in this section, without prejudice to the observance of the constitutional rules
and legal in relation to data protection.
4-Compete equally to the SEF to cooperate and exchange the information
relevant with the competent authorities of the other Member States of the Union
European or of the States Parties to the Convention of Application to implement the
recognition and enforcement of removal decisions, pursuant to the previous article.
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Article 171.
Execution of the removal
1-A removal decision recognised under the provisions of Article 169 shall only be
performed if complied with the provisions of Article 135 and after a prior analysis of the situation
of the person concerned, in order to be ensured that neither the Constitution, nor the
relevant international conventions, nor does the law prevent its execution.
2-The national of State third party to remain illegally on national territory and on
which there is a decision pursuant to Rule 169 is held by police authority and
delivered to the custody of SEF accompanied by the self-respecting self, owing the same
driven to the border.
3-A The decision to carry out the removal is likely to be challenged by judicial appeal, with effect
devolutive, before the administrative courts.
4-The foreign citizen on which a decision is taken in accordance with paragraph 3 of the
article 169 is delivered to the custody of the SEF for the purpose of conducting the border and
remoteness in the shortest possible time.
5-Where the execution of the removal is not possible within forty eight
hours after the arrest, the national of a third party is present to the judge of the judgment of
small criminal instance, in the respect area of jurisdiction, or the court of comarch
competent for the validation of the detention and possible application of coating measures.
6-From the dispatch of validation of detention and delivery to the custody of the SEF rests with us
terms provided for in Article 158.
7-After the execution of the removal measure the SEF informs the competent authority of the
State member author of the removal decision.
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Article 172.
Financial compensation
The financial compensation of the costs borne by the execution of the removal of
nationals of third States shall take effect in accordance with the criteria approved by the
Council of the European Union.
SECTION VII
Support for remoteness by air during airport transit
Article 173.
Preference for direct flight
Where to proceed to the removal of a third State national by air
the possibilities of using a direct flight to the country of destination should be analysed.
Article 174.
Request for airport transit in the territory of a member state
1-If it is not possible to use a direct flight, it may be asked to the authorities
competent from another State member airport transit, as long as this does not
involves change of airport in the territory of the requested member state.
2-The application for airport transit, with or without escort, and of support measures with
it related, specifically those referred to in Article 177 (2), is presented
in writing and should be communicated to the requested member state the most quickly
possible and never less than two days before transit.
3-It is competent to formulate the request for airport transit the national director of the
SEF, with faculty of delegation.
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4-No airport transit can be started without permission from the member state
required, except where there is no response to the request referred to in paragraph 1 within
of the time limits in which the requested Member State is obliged, and may the operation of
transit be initiated upon mere notification.
5-For the purposes of the processing of the application referred to in paragraph 1, they are sent to the State
member required the information listed in the order form and of
airport transit permit, which is set out in annex to Directive No
2003 /110/CE, of the Council, of November 25.
6-SEF takes the appropriate measures to ensure that the transit operation takes place
with the maximum possible brevity, no later than twenty-four hours.
7-It is readmitted immediately in Portuguese territory the national of State third if:
a) The airport transit permit has been refused or revoked; or
b) During transit, the national of a third State has entered without
authorization in the requested member state; or
c) It has not been possible to carry out the removal measure of the national of a
Third party to another country of transit or the country of destination, or embark on the
binding flight; or
d) Airport transit is not possible for any other reason.
8-The necessary expenditure on the readmission of the national of a third State shall be
supported by SEF.
9-The charges with the airport transit support measures referred to in paragraph 2 of the
article 177, taken by the requested member state, shall be borne by the SEF.
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Article 175.
Support for airport transit on national territory
1-Airport transit may be authorised at the request of the competent authorities of
a member state which shall proceed to the removal of a third State national,
whenever this is necessary.
2-Airport transit may be refused if:
a) The national of a third State is charged with a criminal offence or has been
ordered your catch for sentence compliance, pursuant to the legislation
applicable; or
b) Transit through other states or admission to the country of destination no
are enforceable; or
c) The removal measure involves a change of airport in the territory
national; or
d) It is not possible, for practical reasons, to provide at a certain height the support
requested; or
e) The presence of the national of a third State in national territory
a threat to public order, public safety or public health, or
for the international relations of the Portuguese state.
3-In the case of point d ) from the previous number, is indicated with the maximum brevity to the State
applicant member a date, as close as possible to the initially requested, in
that, being complied with the remaining requirements, transit support can be given
Airport.
4-The airport transit permits already granted can be revoked if
subsequently become known facts which, pursuant to paragraph 2, justifies the
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refusal of transit.
5-SEF communicates to the competent authorities of the requesting Member State, without
delay, the refusal or revocation of the airport transit permit, pursuant to the
n. 2 or of the preceding paragraph, or the impossibility of its realization by any other
reason, substantiating the decision.
Article 176.
Decision to grant support for airport transit
1-A decision for authorisation or refusal of airport transit competes with the director
national of the SEF, with faculty of delegation.
2-A The decision for authorisation or refusal of airport transit is communicated to the
competent authorities of the requesting Member State, within forty and eight
hours, extended for equal period, in duly justified cases.
3-Should there be no decision within the time limit referred to in the preceding paragraph, the
requested transit operations can be initiated by means of mere notification
by the requesting Member State.
Article 177.
Support measures for airport transit
1-In the function of mutual consultations with the requesting Member State, at the limit of the
means available and in harmony with the applicable international standards, are
provided all necessary support measures to ensure that the national of the
Third state left.
2-The measures of support referred to in the preceding paragraph consist of:
a) Receive the national of State third in the aircraft and escort you within the area of the
transit airport, particularly until the connecting flight;
b) Providing emergency medical treatment to the national of State third party and, if
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necessary, to your escort;
c) Ensuring the feeding of the national of State third party and, if necessary, of its
escorts;
d) Receive, conserve and transmit the travel documents, in particular in the
case of unescorted removal measures;
e) In the cases of unescorted transit, inform the requesting Member State of the
location and time of departure of the national territory third party of the national territory;
f) Informing the requesting Member State of the occurrence of some serious incident
during the transit of the third State national.
3-No mutual consultation is required pursuant to paragraph 1 for the provision
of the support measures referred to in the b) of the previous number.
4-Without prejudice to the readmission of the third State national, in cases where it does not
it can be ensured to carry out the transit operations, despite the support provided
of harmony with the n. ºs 1 and 2, can be taken, at the request of and in consultation with the
Applicant Member State, all necessary support measures to continue the
transit operation, to which it can be carried out within forty-eight hours.
5-It is provided to the requesting Member State information on the burden borne
with the services provided in the terms of the points b) and c ) of paragraph 2, as well as on the
criteria for quantification of the remaining, effectively supported, referred to in the
n. 2.
6-It is granted support for the readmission of the national of State third party by the member state
applicant, whenever this takes place.
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Article 178.
International conventions
1-The start of transit operations by means of mere notification can be object of
international conventions concluded with one or more member states.
2-The international conventions referred to in the preceding paragraph shall be notified to the Commission
European.
Article 179.
Central authority
1-SEF is the central authority in charge of the receiving of applications for transit support
Airport.
2-The national director of the SEF designates, for all relevant transit airports,
contact points that can be contacted during the entirety of the operations of
transit.
Article 180.
Escort
1-For the purpose of application of this section, it is understood by escorting persons from the
State applicant member who accompany the national of State third party during the
airport transit on national territory, including the people in charge of the
provision of medical care and interpreters.
2-In proceeding to the transit operation, the powers of escorts restrict themselves to the
self-defense.
3-There are no national police officers to provide aid, escorts may react from
reasonable form and proportionate to an immediate and serious risk of the national of State
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third to flee, injure itself, injure third parties, or cause material damage.
4-The escorts have to observe, in all circumstances, national legislation.
5-During airport transit the escort must not be armed and must suit the civilian.
6-A escorts must display appropriate means of identification, including the authorization of
transit or, where applicable, the notification referred to in Article 176 (3).
Article 180-The
Implementation of removal decisions
1-A decision of organization or participation of the Portuguese State on common flights to
removal from the territory of two or more member states of national citizens of
countries third party object of decision of coercive removal or judicial expulsion is from the
competence of the national director of the SEF.
2-A The said Decision-whether by principles of effectiveness through the sharing of resources
existing and, in particular, by the observance of international conventions or agreements in
human rights matter binding on the member states.
3-Where it is decided to arrange joint removal operation by air open to the
participation of the remaining member states should compulsorily ensure:
a) The indispensable information to the competent national authorities of the others
Member states, with a view to ascertaining the respective interest in participating in the
operation;
b) The implementation of the necessary measures to the appropriate development of the
joint operation having present, in particular, the provisions of Article 4 of the
Council Decision No 2004 /573/CE of April 29 and respectable attachment.
4-For the purposes of the previous number the national organizing authority undertakes, in
harmony with the common guidelines on safety provisions
constants of the said Annex, to:
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a) Diligenate so that third country nationals are carriers of
valid travel documents as well as from entry visas if necessary,
for the country or countries of transit or destination of the common flight;
b) Providing appropriate medical, medicinal and language assistance, as well as the
provision of the escort services, the acting of which is obeying the principles of
need, proportionality and identification provided for in Article 180;
c) Monitoring each joint removal operation, upon follow-up
by the idoidal entity, to be designated by dispatch of the member of the Government
responsible for the area of internal administration;
d) Elaborate internal and confidential report of the joint removal operation
integrating, preferentially and if there are, incident statements or from
application of coercive or medical measures and the partial reports of the others
Participating member states.
5-Without prejudice to the observance of Council Decision No 2004 /573/CE and respect
attachment, to the participation of the Portuguese State in the joint operations organized by
other member states, applies, with the necessary adaptations, the constant regime
of this article.
CHAPTER IX
Penal provisions
Article 181.
Illegal entry, stay and transit
1-It is considered illegal for entry of foreign citizens into Portuguese territory in
breach of the provisions of Articles 6, 9 and 10 and in Article 32 (1) and (2).
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2-It is considered illegal to remain of foreign citizens in Portuguese territory
when the latter has not been authorized in harmony with the provisions of this Law or
in the regulatory law of the right of asylum, as well as when the entry has been verified
illegal under the terms of the previous number.
3-Illegal the transit of foreign citizens in Portuguese territory when
these have not guaranteed their admission to the country of destination.
Article 182.
Criminal and civil liability of the collective and equipared persons
1-Collective persons and equipared entities are responsible, in the general terms, for the
crimes provided for in this Law.
2-The entities referred to in paragraph 1 respond in solidarity, in accordance with civil law, by the
payment of the fines, fines, compensation and other benefits in which they are
doomed the agents of the infractions provided for in this Law.
3-On criminal liability for the practice of the crimes set out in Articles 183 to 185-
A, add to the civil liability for the payment of all the expenses inherent in the
stay and the removal of the foreign citizens involved, including any
expenses for shipping costs to the country of origin of monies arising from claims
labour in debt.
Article 183.
Illegal immigration aid
1-Whoever favouring or facilitating, in any form, the illegal entry or transit of
foreign citizen on national territory is punished with imprisonment for up to 3 years.
2-Whoever favouring or facilitating, by any form, the entry, permanence or transit
illegal foreign citizen in national territory, with lucrative intention, is punished
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with a prison sentence of 1 a to 6 years.
3-If the facts are practiced upon transport or maintenance of the citizen
foreign in inhuman or degrading conditions or endangering their life or
causing him serious offence to physical integrity or death, the agent is punishable
of imprisonment from 2 a to 8 years.
4-A attempt is punishable.
5-The penalties applicable to the entities referred to in Article 182 (1) are those of a fine, whose
minimum and maximum limits are high at double, or from interdiction of the exercise of the
activity of one to five years.
Article 184.
Association of aid for illegal immigration
1-Who to promote or funten group, organization or association whose purpose or
activity is directed at the practice of the crimes provided for in the previous article is punished with
prison sentence of 1 a to 6 years.
2-Intakes in the same penalty who is part of such groups, organizations or associations,
who support them or provide aid for recruiting new elements.
3-Who to head or direct the groups, organizations or associations mentioned in the
previous figures are punished with a prison sentence of 2 a to 10 years.
4-A attempt is punishable.
5-The penalties applicable to the entities referred to in Article 182 (1) are those of a fine, whose
minimum and maximum limits are high at double, or from interdiction of the exercise of the
activity of one to five years.
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Article 185.
Illegal labor angling
1-Who, with lucrative intent, for you or for third party, entice or angling with the
goal to introduce in the labour market foreign citizens not enabled
with a residence permit or visa that empowers the exercise of an activity
professional is punished with a prison sentence of 1 a to 6 years.
2-Whoever, in a repeated manner, practising the acts provided for in the preceding paragraph, is punished with
prison sentence of 2 a to 8 years.
3-A attempt is punishable.
Article 186.
Marriage or union of convenience
1-Who to contract marriage or live in de facto union with the sole aim of
provide for obtaining or obtaining a visa, a residence permit or a
blue card EU or defrauding current legislation in respect of acquisition of the
nationality is punished with a prison sentence of 1 a to 6 years.
2-Whoever, in a repeated or organized manner, foster or create conditions for the practice of the
acts provided for in the preceding paragraph, is punished with imprisonment of 2 a to 8 years.
3-A attempt is punishable.
Article 187.
Violation of the input interdiction measure
1-The foreign national who enters national territory during the period why that
entry has been interdicted to him is punishable with imprisonment up to 2 years or fine up to 100 days.
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2-In case of conviction, the court can enact accessorally, by judicial decision
duly substantiated, the expulsion of the foreign citizen, with observance of the
provisions of Article 135.
3-Without prejudice to the provisions of paragraph 1, the foreign citizen may be removed from the territory
national for fulfillment of the remnant of the entry interdiction period, in
compliance with the process where it was determined to be taken away.
Article 188.
Research
1-In addition to the competent entities, it is up to the SEF to investigate the crimes provided for in the
this chapter and others that with it are related, namely trafficking in
people.
2-The covert actions developed by the SEF, in the context of the prevention and investigation of
crimes related to illegal immigration in which associations are involved
criminal, they follow the terms set out in Law No. 101/2001 of August 25.
Article 189.
Loss of objects
1-The objects seized by the SEF that come to be declared lost in favour of the
State is to you affections when:
a) Whether it deals with documents, weapons, ammunition, vehicles, equipment of
telecommunications and informatics or other with an interest to the institution;
b) Result from compliance with international conventions and be
correlated with illegal immigration.
2-A the usefulness of the objects referred to in point a) of the previous number should be proposed
by the SEF in the final report of the respected criminal case.
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3-The objects referred to in the a) of paragraph 1 may be used provisionally by the
SEF since its seizure and up to the declaration of loss or restitution, upon
dispatch of the national director of the SEF, to be conveying to the authority which superintende no
process.
Article 190.
Accessory feathers and coating measures
Regarding the crimes provided for in this Law, penalties may be applied
ancillary or suspension accessory of the exercise of public functions provided for in the
Penal Code, as well as the coating measures provided for in the Code of Criminal Procedure.
Article 191.
Remittance of sentences
The courts send to the SEF, with the greatest brevity and in electronic form:
a) Certificates of sentencing decisions rendered in criminal case against
foreign citizens;
b) Certificates of decisions rendered in proceedings instituted by the practice of crimes
of aid to illegal immigration and illegal labour angling;
c) Certificates of decisions rendered in expulsion proceedings;
d) Certificates of decisions rendered in extradition proceedings referring to citizens
foreigners.
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CHAPTER X
Counterorders
Article 192.
Illegal stay
1-A permanence of a foreign citizen in Portuguese territory for a period greater than
authorized constitutes counterordinance punishable with the fines that follow
specify:
a) From € 80 a to € 160, if the period of stay does not exceed 30 days;
b) From 160 a to € 320, if the period of stay is longer than 30 days but not
exceed 90 days;
c) From 320 a to € 500, if the period of stay is longer than 90 days but not
exceed 180 days;
d) From 500 a to € 700, if the period of stay is more than 180 days.
2-A the same fine is applied when the infraction provided for in the preceding paragraph is detached to the
exit of the Country.
Article 193.
Unauthorized access to the international port area
1-The access to the international port area by individual not authorized by the SEF constitutes
counterordinance punishable with fine of € 300 a € 900.
2-The access on board of vessels by individual not authorized by the SEF constitutes
counterordinance punishable with fine of € 500 a € 1000.
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Article 194.
Transport of person with unauthorized entry in the Country
The transport, for the Portuguese territory, of a foreign citizen who does not post
travel document or valid visa, by carrier or by any person in the
exercise of a professional activity, constitutes punishable counterordinance, by each
foreign citizen carried, with fine of € 4000 a € 6000, in the case of persons
collectives, and from € 3000 a to € 5000, in the case of natural persons.
Article 195.
Lack of airport scale visa
The carriers as well as all how many in the exercise of an activity
professional transport to national airport foreign nationals no
enabled with a scale visa when it lacks to become subject, by every citizen
foreign, to the application of a fine of € 4000 a € 6000, in the case of persons
collectives, and from € 3000 a to € 5000, in the case of natural persons.
Article 196.
Failure to comply with the obligation to communicate data
Carriers that have not transmitted the information to which they are obliged
in accordance with Articles 42 and 43, or which have transmitted it in a manner
inaccurate, incomplete, false or after the deadline, are punishable, by each trip, with
fine of € 5000 a € 7000, in the case of collective persons, or of € 4000 a € 6000, in the
case of natural persons.
Article 197.
Lack of input declaration
Infraction to the provisions of Article 14 (1) constitutes punishable counterordinance
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with a fine of € 60 a € 160.
Article 198.
Exercise of unauthorized professional activity
1-The exercise of an independent professional activity by a foreign citizen not
enabled with the appropriate residence permit, when required, constitutes
counterordinance punishable with a fine of € 300 a € 1200.
2-By the practice of the counter-ordinations provided for in the preceding paragraph may be applied to
ancillary sanctions provided for in Articles 21 and following of the general regime of
counterorders.
3-[ Revoked ].
4-[ Revoked ].
5-[ Revoked ].
6-[ Revoked ].
7-[ Revoked ].
8-[ Revoked ].
9-[ Revoked ].
10-[ Revoked ].
Article 198-The
Use of the activity of a foreign citizen in illegal situation
1-Who to use the activity of unauthorized foreign citizen with authorization of
residence or visa permitting the exercise of a subordinate professional activity,
shall be subject to the application of one of the following fines:
a) From € 2000 a to € 10000, if you use the activity of one to four;
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b) From € 4000 a to € 15000, if you use the activity from five to ten;
c) From € 6000 a to € 30000, if you use the activity from eleven to fifty;
d) From € 10000 a to € 90000, if you use the activity of more than fifty.
2-By the practice of the counterordinations provided for in this article may be applied to
following ancillary sanctions:
a) Those provided for in Articles 21 and following of the General Regime of Contraordinations;
b) The obligation to refund some or all of the benefits, aid or
public subsidies, including funding from the European Union, granted to the
employer up to twelve months prior to the detetion of the use of the activity of
foreign citizen in illegal situation, when the counterordinance has been
practiced in the exercise or because of the activity in favor of which was assigned the
allowance;
c) The publicity of the sentencing decision.
3-The sanctions referred to in points b) a g) of Article 21 (1) of the General Regime of the
Counterordinations, when applied by virtue of the provisions of the preceding paragraph, have the
maximum duration of five years.
4-A ancillary sanction referred to in para. c) of paragraph 2 of this article presupposes:
a) The publication, at the expense of the offender, of an excerpt with the identification of the
infringing, infraction, violated norm and the sanction applied, on the SEF portal in the
internet, in a national newspaper and in regional periodical publication or
location of the area of the infractor's headquarters;
b) The dispatch of the excerpt referred to in the preceding paragraph to the administrative authority
competent, whenever the exercise or access to the service activity provided
by the offender lacks administrative permissions, specifically alvarás,
licences, authorisations, validations, authentications, certifications and acts issued in the
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sequence of prior communications and registrations.
5-The employer, the user by force of contract provision of services, of agreement of
occasional giving or use of temporary work and the general contractor are
responsible in solidarity:
f) For the payment of the fines provided for in the previous figures and credits
emerging wage contract wage, from their violation or cessation;
g) By the sanctions arising from the failure to comply with labour law;
h) By the sanctions arising from the non-declaration of income subject to
discounts for the tax administration and social security, concerning the
work provided by the foreign worker whose activity was used
illegally;
i) For the payment of the necessary expenses for the stay and the removal of the citizens
foreigners involved; and
j) For the payment of any expenses arising from the sending of monies
arising from labour credits for the country to which the foreign citizen has
returned voluntary or coercively.
6-Respond also severally, in the terms of the preceding paragraph, the owner of the work who
do not get from the other party countering statement of fulfilment of the obligations
arising from the law in respect of contracted foreign workers.
7-Should the owner of the work be the Public Administration the default of the willing
previous number is susceptible to generating disciplinary responsibility.
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8-For the purpose of accounting for salary credits and income subject to
discounts for the tax administration and for social security, it is assumed that without
injury to the provisions of labour and tax law, the level of remuneration
corresponds, at a minimum, to the minimum monthly consideration guaranteed by law, in
collective agreements or in accordance with established practices in the activity sectors
at cause, and that the working relationship has, at the minimum, three months duration, save if
the employer, the user of the activity or the employee prove otherwise.
9-In the terms of labour law constitutes very serious counterordinance the
non-compliance with the obligations provided for in paragraphs 5 and 6.
10-In the event of non-payment of the amounts in debt relating to salary credits
arising from work effectively provided, as well as by the payment of the
expenses necessary for the stay and removal of the foreign citizens involved, the
settlement note effected in the respect process constitutes executive title, applying-
if the norms of the common process of execution for payment of right amount.
11-If the offender is a collective or a riding person, they respond by the payment of the fine,
solidly with that one, the respected administrators, managers or directors.
Article 198-B
Support for the national citizen of third country whose activity was used illegally
1-The trade unions or associations of immigrants with recognized representativeness, nos
terms of the law, by ACIDI, I.P., and other entities with attributions or activities in the
integration of immigrants, may lodge complaint against the employer and the
user of the activity of foreign citizen in illegal situation, together with the service with
inspection competence of the ministry responsible for the area of employment, namely
in the following cases:
a) For lack of payment of salary credits;
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b ) By the existence of working relationship that reveals conditions of unprotection
social, wage or timetable exploitation or in working conditions
particularly abusive; or
c ) By illegal use of activity of minors.
2-Without prejudice to the provisions of the preceding paragraph, the organizations whose end is the defence or
the promotion of the rights and interests of immigrants, particularly against the use
of the activity of a foreign citizen in illegal situation, the use of the activity of
minors, discrimination concerning access to employment, training or the
conditions of the provision of independent or subordinate work, have legitimacy
procedural to intervene, in representation or in assistance of the person concerned,
provided that:
a) Please include expressly in your assignments or in your statutory goals
the defence of the interests in question; and
b) There is express authorization from the person concerned.
3-The return, voluntary or coercive, to the country of origin of the national citizen of country
third, whose activity is used illegally, does not undermine the provisions of the figures
previous.
4-The national citizens of third countries whose activity is used illegally that
be the object of decision of coercive removal from Portuguese territory are informed
of the rights provided for in this Article at the time of notification of the decision to
coercive removal, pursuant to Article 149.
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Article 198-C
Inspections
1-SEF is competent to carry out regular inspections in order to control the use of the
activity of third country nationals who find themselves in an irregular situation in the
national territory, in accordance with Article 181 (2).
2-The inspections referred to in paragraph 1 are effected by taking into account the assessment effected by the
SEF of the existing risk in the national territory of use of the activity of nationals of
third countries in irregular situation, by sector of activity.
3-SEF broadcasts until the end of the month of May each year to the member of the Government
responsible for the area of internal administration, which will communicate to the European Commission
by July 1, final report of inspections carried out in the terms of the numbers
previous and with reference to the year antecedent.
Article 199.
Lack of travel document presentation
The infringement of the provisions of Article 28 constitutes counterordinance punishable by a fine of
€ 60 a € 120.
Article 200.
Lack of application for title of residence
Infraction to the provisions of Article 124 (2) constitutes counterordinance punishable by a
coima from 60 a to € 120.
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Article 201.
Non-renewal of timely residence permit
The application for renewal of temporary residence permit submitted after the deadline
referred to in Article 78 (1) constitutes counterordinance punishable by a fine of € 75
at € 300.
Article 202.
Failure to fulfil certain duties
1-A infringement of the reporting duties provided for in Article 86 constitutes
counterordinance punishable with a fine of € 45 a € 90.
2-A The offence of duty provided for in Article 6.o (1) constitutes punishable counterordinance
with a fine of € 200 a € 400.
3-The boarding and disembarkation of foreign citizens outside the border crossings
qualified for that purpose, and in violation of the provisions of Article 6 (1), constitute
against ordering punishable with a fine of € 50000 a € 100000.
4-Are jointly and severally liable for the payment of the fines provided for in the number
previous to the carrier company and its representatives in Portuguese territory.
Article 203.
Lack of communication of accommodation
1-A omission of registration in electronic support of foreign citizens, in compliance
with Article 15 (4), or the non-presentation of the accommodation bulletin, on the terms
of Article 16 (1) or (2) constitutes counterordinance punishable by the following
fines:
a) From 100 a to € 500, from 1 a to 10 bulletins or citizens whose registration is omitted;
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b) From 200 a to € 900, from 11 a to 50 bulletins or citizens whose registration is omitted;
c) From 400 a to € 2000, in the event that no bulletins have been remitted or are
omthis the registration regarding more than 51 citizens.
2-In the event of negligent failure of the term of communication of the accommodation or of the
exit of the foreign citizen, the minimum and maximum limit of the fine to be applied is reduced
for a room.
Article 204.
Neglect and voluntary payment
1-In the counterordinations provided for in the previous articles the negligence is always punishable.
2-In the event of negligence, the minimum and maximum amounts of the fine are reduced to
half of the quantitative set for each fine.
3-In the event of voluntary payment, the minimum and maximum amounts of the fine are
reduced to half of the quantitative set for each fine.
Article 205.
Lack of payment of fine
In cases where the law allows for an extension of stay, this cannot be granted
if it does not show itself to be paid the fine imposed following the counterordinational process by the
offences set out in Articles 192, 197 and 199 and in Article 198 (1) and 2 of the article
202.
Article 206.
Fate of fines
The product of the fines imposed pursuant to this Law reverses:
a) In 60% for the State;
b) In 40% for the SEF.
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Article 207.
Competence for the application of fines
1-A The application of the fines and ancillary penalties provided for in this Chapter shall be
competence of the national director of the SEF, who may delegate it, without prejudice to the
specific competences assigned to other entities in respect of the provisions of paragraph 9
of Article 198.
2-SEF organizes an individual record for the purposes of this article.
Article 208.
[ Revoked ]
CHAPTER XI
Fees and other charges
Article 209.
Applicable regime
1-The fees to be charged for the granting of visas by the consular posts are those listed
of the consular emoluments table.
2-The fees and too much charges to be charged for the administrative procedures laid down in the
present law shall be fixed by porterie of the Member of the Government responsible for the area of
internal administration.
3-By the escort of foreign citizens whose remoteness from the Portuguese territory is from the
liability of carriers, as well as for the placement of passengers not
admitted to temporary installation centres or similar spaces, under the terms of the
article 41, fees are charged to be fixed by porterie of the member of the responsible government
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by the area of the Interna Administration.
4-The proceeds of fees and too much charge to be charged under the terms of paragraphs 2 and 3 constitutes
revenue from SEF.
Article 210.
Exemption or reduction of fees
1-Without prejudice to the provisions of the previous article, the national director of the SEF may,
exceptionally, grant the exemption or reduction of the amount of fees due by the
procedures provided for in this Law.
2-Are exempt from fee:
a) The visas to be granted under the terms of the a ) of Article 48 (1), as well as
of Articles 57 and 61;
b) Visas and extensions of stay granted to foreign nationals
holders of diplomatic, service, official and special passports or
travel documents issued by international organizations;
c) The visas granted to the descendants of the holders of authorisation of
residence under the provisions on family reunification;
d) Visas and residence permits granted to foreign nationals who
benefit from scholarships awarded by the Portuguese State;
e) The special visas.
3-Benefit from exemption or reduction of fees the nationals of third countries when
in these countries is ensured identical treatment to Portuguese citizens.
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CHAPTER XII
Final provisions
Article 211.
Change of nationality
1-A Conservatory of the Central Registries communicates, where possible by way
electronic, to SEF the changes of nationality that you note, concerning individuals
residents in the national territory.
2-A communication provided for in the preceding paragraph shall be made within 15 days of
of the register.
Article 212.
Identification of foreigners
1-With a view to the establishment or confirmation of the identity of foreign citizens, the
SEF may make use of the means of civil identification provided for in law and regulations
community applicable to the issuance of ID cards and visas, specifically the
obtaining facial images and fingerprints, using, when possible, the
biometrics, as well as peritages.
2-The registration of personal data is listed in an integrated information system, the management of which
and responsibility rests with the SEF, hereinafter referred to as SII/SEF, and that it obeys the following
rules and charateristics:
a) The collection of data for automated treatment under the SII/SEF shall
limit itself to what is strictly necessary for the management of control of the
entry, stay and exit of foreign citizens, the prevention of a
concrete danger or the repression of a criminal offence determined in the field
of their assignments and competences;
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b) The different categories of data collected should as far as possible be
differentiated depending on the degree of correctness or fidedignity, and should be
distinguished the factual data from the data that behaves an appreciation over
the facts;
c) The SII/SEF consists of personal data and data relating to legal goods,
integrating information within the scope of the tasks that the law commits to:
i) Foreigners, nationals of member countries of the European Union,
stateless persons and national citizens, related to the control of the
respect for transit on land, sea and air borders, well
as of their stay and activities on national territory;
ii) Identification and whereabouts of foreign nationals or nationals of
Member states of the European Union in what concerne the suspicion of the
practice or the practice of aid for illegal immigration or association
criminal to that end;
d) The personal data collected for treatment, in addition to those referred to in
previous number, within the scope of the SII/SEF are:
i) The name, the affiliation, the nationality, the country of naturalness, the place of
birth, the marital status, the sex, the date of birth, the date of
demise, the professional situation, diseases that constitute danger
or grave threat to public health under this law, the name
of the people who constitute the household, the morals, the
signature, the references of individual and legal persons in
national territory, as well as the number, place and date of issue and
validity of identification and travel documents;
ii) The judicial decisions which, by law, are communicated to the SEF;
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iii) The participation or hints of participation in illicit activities,
as well as data concerning private physical signals, objectives and
unchangeable, the wedges, the indication that the person in question is
armed, it is violent, the reason why the person in question finds
noted and the conduct to be adopted;
iv) For legal persons or equiped entities, for
in addition to the data previously mentioned, concerning persons
juried or equiped entities, are still collected: the name, the
firm or denomination, the domicile, the address, the number of
identification of legal person or number of taxpayer, the
nature, the beginning and the term of the activity.
3-With a view to preventing consultation, modification, suppression, addition, the
destruction or communication of data of the SII/SEF by non-consented form by the
this Law and in accordance with Article 15 of Law No 67/98 of October 26 on the
protection of personal data, are adopted and periodically updated the measures
techniques required to ensure safety:
a) From the data supports and respect transport, in order to prevent them from being able to
read, copied, altered or deleted by any person or by no means
authorized;
b) From the insertion of data, in order to prevent the introduction, as well as any
taking of knowledge, alteration or unauthorized disposal of data
personal;
c) From automated data processing systems, to prevent them from being able to
be used by unauthorised persons, through transmission facilities
of data;
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d) From access to data, so that authorised persons can only have access to the
data that is of interest to the exercise of its legal assignments;
e) From the transmission of the data, to ensure that its use is limited to the
authorized entities;
f) From the introduction of personal data in the automated treatment systems, from
form to be checked that data has been introduced, when and by whom.
4-Data may be communicated within the framework of international conventions and
community to which Portugal is bound, as well as in the framework of cooperation
international or national, security forces and services and public services, in the
frame of the legal assignments of the entity requiring them and only as to the data
pertinent to the purpose for which they are communicated.
5-Personal data is kept for the period strictly necessary for the purpose
which has substantiated the registration in the SII/SEF, and according to such purpose, being the registration
object of verification of the need for conservation, 10 years after the last issuance of the
documents relating to its holder, after which they can be stored in file
history for 20 years after the date of that document.
6-The provisions of the previous figures do not preclude the automated treatment of the
information for the purposes of statistics or study, as long as they cannot be identifiable as
people to whom the information respects.
7-The number that comes in the ID card listed in paragraph 1 is also
used for identification purposes before the Public Administration, specifically
in the tax areas, social security and health.
8-It is always carried out in electronic form the transmission to the judicial entity
competent or other holders of right of access of any integral parts of the
electronic workflow used by SEF for the exercise of competences
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provided for in the law.
9-With a view to facilitating the procedures in the issuance of securities is waived the delivery by the
citizen of certificates or other documents that aim to attest constant data from
information systems of the Public Administration, and the SEF shall obtain them,
specifically with the services of the tax administration, social security and employment,
and join them in the process.
Article 213.
Expenses
1-A
s expenses necessary for the removal of the Country which cannot be borne by the
foreign citizen or that this one should not cost, by virtue of special schemes
provided for in international conventions, nor shall be borne by the entities referred to
in Article 41, shall be borne by the State.
2-The
State may also bear the necessary expenses for the voluntary abandonment of the
Country:
a) Of the members of the family household of the foreign citizen object of the decision to
coercive or judicial expulsion when it is dependant and since
that these may not bear the respects burdens;
b) Of the foreign citizens in a situation of lack of livelihoods,
provided that it is not possible to obtain the necessary support of the representations
diplomatic of their countries.
3-P
ara satisfaction of the charges resulting from the application of this law is entered in the budget of the
SEF the necessary endowment.
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Article 214.
Duty of collaboration
1-All services and bodies of the Public Administration have a duty to se
certify that the entities with which they conclude administrative contracts do not
receive work provided by foreign citizens in illegal situation.
2-The services and bodies referred to above may rescind, with just cause, the
contracts concluded if, at a later date to your outorga, the private entities
receive work provided by foreign citizens in an illegal situation.
3-The bodies of the Public Administration and the persons responsible for vessels
have a special duty to inform in the following situations:
a) When the harrest or detention of a vessel is enacted, as well as
when these measures cease;
b) When to proceed to evacuation for health reasons from crewmembers or from
passengers of a vessel;
c) When to check the disappearance of passengers or crew of a
vessel;
d) When the landing disembark from the port to a vessel is refused;
e) When to proceed to the detention of passengers or crew of a
vessel;
f) When the emergency plans are triggered at the national ports;
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g) When they are removed from board, by the competent authority, specifically
the Maritime Police, and at the request of the vessel's commander, crewmembers or
passengers.
Article 215.
Duty of communication
When it issues title that regularizes, pursuant to this Act, the situation of a citizen
foreign to be found in national territory, the SEF communicates to the services of the
tax administration, social security and employment the data necessary to
respect enrollment, if this has not already occurred.
Article 216.
Regulation
1-The regulatory diploma in this Law as well as the portaries in it provided for are approved
within 90 days.
2-A Special legislation provided for in Article 109 is passed within 120 days.
Article 217.
Transitional provisions
1-For all legal effects the work visa holders, permission to stay,
temporary stay visa with authorization for the exercise of an activity
subordinate professional, extension of an enabling permanence of the exercise of a
subordinate professional activity and study visa granted under the Decree-
Law No. 244/98 of August 8, with the amendments introduced by Law No. 97/99, 26
of July, by the Decree-Law No. 4/2001 of January 10, and by the Decree-Law No. 34/2003,
of February 25, they consider themselves holders of a residence permit,
by proceeding in the expiry of those securities to their replacement by securities of
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residence, being applicable, depending on the cases, the provisions relating to the renewal of
temporary residence permit or the granting of a residence permit
permanent.
2-For the purposes of paragraph 80 (a) of Article 80, the period of
legal stay under the headings mentioned in the preceding paragraph.
3-The requests for an enabling extension of the exercise of an activity
professional under Article 71 of the Regulatory Decree No. 6/2004, 26 of
april, are convolved in applications for a residence permit for exercise of
professional activity subordinate or independent under this Act, with
dispensation of visa.
4-To foreign citizens covered by Article 71 of the Regulatory Decree no.
6/2004, of April 26, is extended to stay for three months, in order to enable
the necessary obtaining of employment contract or the substantiation of the existence of a
employment relationship, by union, by association with a seat on the Advisory Board or
by the Authority for the Conditions of Work, for the purposes of granting
residence permit in the terms of the preceding paragraph.
5-The applications for the granting of work visa under Article 6 (2) of the
Agreement between the Portuguese Republic and the Federative Republic of Brazil on the
Reciprocal Hiring of Nationals, of July 11, 2003, are convoluted in
applications for a residence permit, with a visa waiver.
6-Up to the determination of the contingent of employment opportunities provided for in the article
59., the Institute of Employment and Vocational Training or, in the Autonomous Regions, the
respects departments disclose all unfilled job offers in the
period of 30 days by Portuguese nationals, nationals of Member States of the Union
European, of the European Economic Area, of the third State with which the
European Community has entered into a free movement agreement of persons or by
nationals of third States, with legal residence in Portugal.
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7-The residence visa for obtaining a residence permit for exercise of
subordinated professional activity can be granted up to the limit of the offers of
employment referred to in the preceding paragraph, provided that the remaining conditions are fulfilled
legal.
8-Residency permit holders issued under legislation prior to the
present law shall proceed to the replacement of the title of which they are holders by the card
provided for in Article 212 (1), in terms of and in the period to be fixed in legislation
regulatory.
Article 218.
Abrogation standard
1-Are revoked:
a) Article 6 of Law No 34/94 of September 14;
b) The Act No. 53/2003 of August 22;
c) The Decree-Law No. 244/98 of August 8, with the amendments introduced by the
Law No 97/99 of July 26 by the Decree-Law No. 4/2001 of January 10, and
by Decree-Law No. 34/2003 of February 25.
2-Until express revocation, the Regulatory Decree No. 6/2004, of 26, remains in force
of April, as well as the portaries approved under the Decree-Law No. 244/98, of 8 of
August, with the amendments introduced by Law No. 97/99 of July 26 by the Decree-
Law No 4/2001 of January 10 and by the Decree-Law No. 34/2003 of February 25,
in that they are compatible with the constant regime of this Law.
Article 219.
Autonomous Regions
The provisions of the preceding Articles shall not affect the competences committed, in the Regions
Autonomous of the Azores and Madeira, the corresponding regional bodies and services,
the due articulation between these and the services of the Republic and of the
European Union with intervention in the procedures provided for in this Law.
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Article 220.
Entry into force
This Law shall come into force on the 30 th day after the date of its publication.
