Key Benefits:
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Proposal for Law No 288 /XII
Exhibition of Motives
1. This proposed Act includes amendments to the General Provisions, to the Chapter relating to the
visas, as well as the chapter concerning residency in national territory of the Act
n ° 23/2007 of July 4, amended by Law No. 29/2012 of August 9. Its scope is
circumscribed, comprising a limited number of changes without, however, changing
in essence the content of the said law.
Several changes are aimed at the clarification, transparency and objectivity of the requirements and
procedures for obtaining a residence permit, with a particular focus on
residence permit for investment activity, provided for in Article 90 of the
said law. Legal certainty has been strengthened through a more detailed forecast and
of the insertion of a cast of clear requirements to be checked at the time of the application for
grant of residence permit for investment activity, as well as
through the creation of endogenous and exogenous mechanisms of control and uniformity
of the concession procedure, the regulations of which become exclusively
provided for in the Regulatory Decree No. 84/2007 of November 5, as amended by the
Regulatory Decree No. 2/2013, of March 18, and by the Decree-Law No. 31/2014, of
February 27, on par with the remaining modalities of visas and authorizations of
residence.
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They are also reflected in this proposed law and will be introduced in their
regulation, the findings and recommendations presented by the Inspectorate-General of the
Internal Administration, in the Inspection Report dated December 2014. In this
Report, concluded the said Inspectorate-General for the need for clarification of
procedures, decentralization of the decision to grant a residence permit,
as well as by the need for the establishment of an external control body to the
procedure. In this measure, the instruction of the residence permit process for
investment activity competes in the regional directions of the Foreign Service and
Territorially competent borders, binding its regional director to the issuance of
a proposal for a decision, following the decision of the national director of the Service of
Foreigners and Borders. With the aim of implementing an exogenous control of the
procedure, it is expected to make compulsory achievement of at least two audits
annual to the procedure of granting a residence permit for activity of
investment, to be carried out by the Inspectorate-General of the Internal Administration, whose conclusions
and recommendations will be given to know the 1 th committee of the Assembly of the Republic and,
also, published on the website of the Government portal.
In the general provisions, the changes go through to include in the definition of " activity of
investment " those that were considered as opportunities for development
cultural and scientific of the country. Thus, the investment activity for effects is allowed
of residence permit for investment activity, concretized through the
transfer of capital, in the amount equal to or greater than 350 thousand EUR, which is
applied in research activities or in investment or production support
artistic, recovery or maintenance of the national cultural heritage.
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2. This proposed law also aims to allow citizens of third States, who
obtain the degree of master or doctor, stay in national territory by a
additional period of one year after the completion of the studies, enabling that
researchers, students or highly skilled professionals set themselves in territory
national and in it can develop professional activities in area related to the
your qualifications, with this reinforcing our competitive ability to attract
investment and talent.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic, the following proposal for a law, with a request for priority and urgency:
Article 1.
Object
This Law proceeds to the third amendment to Law No. 23/2007 of July 4, amended by the Law
n ° 29/2012 of August 9 approving the legal regime of entry, stay, exit and
removal of foreigners from the national territory.
Article 2.
Amendment to Law No. 23/2007 of July 4
Articles 3, 61 and 122 of Law No. 23/2007 of July 4, amended by Law No 29/2012,
of August 9, they go on to have the following essay:
" Article 3.
[...]
1-For the purposes of this Law shall be deemed to be:
a) [...];
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b) [...];
c) [...];
d) [...]:
i) [...];
ii) Creation of at least 10 jobs;
iii) [...];
iv) Acquisition of immovable property, the construction of which has been
completed for at least 30 years or located in area of
urban rehabilitation and realisation of rehabilitation works of the
immovable property acquired, in the overall amount equal to or greater than
500 thousand euros;
v) Transfer of capital in the amount equal to or greater than 350
thousand euros, which is applied in research activities
developed by public or private institutions of
scientific research, integrated into the scientific system and
national technology;
vi) Transfer of capital in the amount equal to or greater than 350
thousand euro, which is applied in investment or support to the
artistic production, recovery or maintenance of heritage
national cultural, through direct administration services
central and peripheral, public institutes, entities that integrate
the business public sector, public foundations, foundations
toilets with public utility status, entities
intermunicipal, municipal associative entities and associations
cultural public, who pursue assignments in the area of
artistic production, recovery or maintenance of heritage
national cultural;
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e) [...];
f) [...];
g) [...];
h) [...];
i) [...];
j) [...];
k) [...];
l) [...];
m) [...];
n) [...];
o) [...];
p) [...];
q) [...];
r) [...];
s) [...];
t) [ ... ];
u) [ ... ];
v) [ ... ];
w) [ ... ];
x) [ ... ];
y) [ ... ];
z) [ ... ];
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aa) [ ... ];
bb) [ ... ].
2-The amount or minimum quantitative requirement of the investment activities
provided for in subparagraphs ii) a vi) of the paragraph d) of the previous number , can be
lower in 20%, when activities are effectuated in lowland territories
density.
3-For the purposes of the provisions of the preceding paragraph, low territories are considered
density, those of level of NUT III with less than 100 inhabitants per Km2 or a
GDP per capita less than 75% of the national average;
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 as
researchers to collaborate in an officially research centre
recognized, notably through contract of work or promise
of contract of employment, of a contract or written proposal of provision of
services or 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
contract of employment, of promise of contract of employment, of invitation letter
issued by the establishment of higher education or a contract of
provision of services.
3-[...].
4-[...].
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Article 122.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) [...];
i) [...];
j) [...];
k) [...];
l) [...];
m) [...];
n) [...];
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o) Who, having benefitted from residence permit for students
of the secondary education, awarded under Article 92, or of a
permit for residence, granted under Article 91, to
students from the 1 th cycle of higher education, and completed their
studies intending to exercise in national territory an activity
professional, subordinate or independent, save when that
authorization has been issued in the framework of cooperation agreements and
there are no ponderous grounds of national interest that the
justify;
p) Who, having benefitted from residence permit for students
of the 2 or 3 cycles of higher education, granted under the article
91., and completed your studies wish to enjoy the period
maximum of one year to look for work compatible with your
qualifications, in Portugal;
q) [ Previous paragraph (p) ];
r) [ Previous point (q) ].
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...]. "
Article 3.
Abrogation standard
Article 90 (3) of Law No 23/2007 of July 4, amended by the Law, is repealed
n. 29/2012, of August 9.
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Article 4.
Entry into force
This Law shall come into force on the day following that of its publication.
Seen and approved in Council of Ministers of February 19, 2015
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
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ANTEPROJECT REGULATORY DECREE
Thus:
Under the provisions of Article 216 (1) of Law No 23/2007 of July 4,
republished in an annex to Law No. 29/2012 of August 9 and pursuant to the terms of the c ) of the article
199. of the Constitution, the Government decrees the following:
Article 1.
Object
The present regulatory decree proceeds to the third amendment to the Regulatory Decree
n. 84/2007 of November 5, as amended by Regulatory Decree No. 2/2013, 18 of
march, and by the Decree-Law No. 31/2014 of February 27, which regulates the Act
n ° 23/2007 of July 4 approving the legal regime of entry, stay, exit and
removal of foreign citizens from the national territory.
Article 2.
Amendment to Regulatory Decree No. 84/2007 of November 5
Articles 61 and 63 of the Regulatory Decree No. 84/2007 of November 5, amended
by Regulatory Decree No. 2/2013 of March 18 and by the Decree-Law No 31/2014,
of February 27, they go on to have the following essay:
" Article 61.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
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6-[...].
7-[...].
8-[...].
9-[...].
10-[...].
11-[...].
12-[...].
13-[...].
14-[...].
15-[...].
16-[...].
17-The application for a residence permit under the terms of paragraph the ) of paragraph 1 of the
Article 122 of Law No. 23/2007 of July 4, republished in the annex to the Act
n. 29/2012 of August 9, is still accompanied by proof of the
completion of the plan for studies at the secondary level or the 1 th cycle
higher education, and contract of employment or promise of contract of
work, contract of service provision or declaration of initiation of
independent activity issued by the Tributtal and Customs Authority.
18-The application for a residence permit under the terms of paragraph p ) of paragraph 1 of the
Article 122 of Law No. 23/2007 of July 4, republished in the annex to the Act
n. 29/2012 of August 9, is still accompanied by proof of the
completion of the study plan at the level of the 2. and 3 cycles of the teaching
superior, and declaration of the applicant wishing to enjoy the period
maximum of one year to look for work in Portugal compatible with the
your qualifications.
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19-The application for a residence permit under the terms of paragraph q ) of paragraph 1 of the
Article 122 of Law No. 23/2007 of July 4, republished in the annex to the Act
n. 29/2012 of August 9 is still accompanied by contract of employment
or of provision of services regarding research activity, faculty
in an establishment of higher or highly qualified education, or of
proof that the foreign citizen is found in the conditions
provided for in Article 18 (2) of the Convention Implementing the Agreement of
Schengen.
20-The application for a residence permit under the terms of paragraph r) of paragraph 1 of the
Article 122 of Law No. 23/2007 of July 4, republished in the annex to the Act
n. 29/2012 of August 9 is still accompanied by the documents
defined in Articles 65-A and following of the present regulatory decree.
21-[ Previous Article No 20 ] .
22-[ Previous Article No 21 ] .
23-[ Previous Article No 22 ] .
24-[ Previous Article No 23 ] .
25-[ Previous Article No 24 ].
Article 63.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
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6-[...].
7-[...].
8-[...].
9-[...].
10-[...].
11-[...].
12-[...].
13-[...].
14-A residence permit granted under the terms of paragraph p ) of paragraph 1 of the
Article 122 of Law No. 23/2012 of July 4, republished in attachment to the Act
n ° 29/2012 of August 9 and Article 61 (18) of this decree
regulatory is only renewed if it confirms the insertion into the market of
work, owing to the renewal process being instructed still with
contract of employment, contract of service provision or proving
of enrollment in professional order recognized by Portuguese law.
Article 3.
Addition to the Regulatory Decree No. 84/2007, of November 5
They are deferred to the Regulatory Decree No. 84/2007 of November 5, as amended by the
Regulatory Decree No. 2/2013, of March 18, and by the Decree-Law No. 31/2014, of 27
of February, the articles 65-A, 65.-B, 65.-C, 65.-D, 65.-And, 65.-F, 65.-G, 65.-H, 65.
65.-J and 92.-A, with the following essay:
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" Article 65.
Minimum quantitative requirements regarding investment activity
1-For purposes of residence permit for investment activity,
consider to be minimal quantitative requirements the verification of, by the
less, one of the following situations on national territory:
a) The transfer of capital in the amount equal to or greater than 1 thousandhão
of euros;
b) The creation of at least 10 jobs;
c) The acquisition of immovable property of value equal to or greater than 500 thousand
euros;
d) The acquisition of immovable property, the construction of which has been completed there,
at least 30 years or located in an area of urban rehabilitation,
with carrying out works of rehabilitation of the acquired real estate,
in the terms of the Decree-Law No. 307/2009 of October 23, in the
overall amount equal to or greater than EUR 500 thousand;
e) The transfer of capital in the amount equal to or greater than 350 thousand
euro, which is applied in developed research activities
by public or private institutions of scientific research,
integrated into the national scientific and technological system;
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f) The transfer of capital in the amount equal to or greater than 350 thousand
euro, which is applied in investment or support for production
artistic, recovery or maintenance of the national cultural heritage,
through services of central and peripheral direct administration,
public institutes, entities that integrate the public sector
business, public foundations and private foundations with status of
public utility, intermunicipal entities, associative entities
municipal and cultural public associations, which pursue assignments
in the area of artistic production, recovery or maintenance of the
national cultural heritage.
2-In the case provided for in paragraph a) of the previous number, considers to be filled
the requirement where the applicant demonstrates to have made an investment
at the minimum required value.
3-In the case provided for in paragraph b) of paragraph 1, the requirement is deemed to be fulfilled
where the applicant demonstrates to have created at least 10 posts of
work and proceeded to enrolment of workers in social security.
4-In the case provided for in paragraph c) of paragraph 1, the requirement is deemed to be fulfilled
where the applicant demonstrates having the property of immovable property,
may:
a) Acquire them in a comownership regime, provided that each
comowner unseen value equal to or greater than 500 thousand euros;
b) Adquil them through unipersonal society by quotas of which is the
partner;
c) Onerate them, in the part that exceeds the amount of EUR 500 thousand;
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d) Giving them leases and exploitation for commercial, agricultural purposes
or touristy.
5-In the temporary impossibility of acquisition of the property of the immovable property,
not attributable to the applicant, and for the purpose of compliance with the paragraph c) from the
n. 1, shall the applicant submit contract-promise of purchase and sale,
with a signal equal to or greater than 500 thousand euros.
6-In the case provided for in paragraph d) of paragraph 1, the requirement is deemed to be fulfilled
where the applicant demonstrates having the property of immovable property with
the purpose of proceeding to urban rehabilitation of the same, and may:
a) Acquire them in a comownership regime, provided that each
comowner unseen value equal to or greater than 500 thousand euros;
b) Adquil them through unipersonal society by quotas of which is the
partner;
c) Onerate them, in the part that exceeds the amount of EUR 500 thousand.
d) Giving them leases and exploitation for commercial, agricultural purposes
or touristy.
7-In the case provided for in paragraph d) of paragraph 1, consider themselves to be fulfilled the
requirements whenever the applicant demonstrates to have made an investment
in the amount equal to or greater than EUR 500 thousand, and may carry out the
investment or support individually or through unipersonal society
by quotas of which it is the partner.
8-In cases provided for in points e) and f) of paragraph 1, consider themselves to be filled
the requirements whenever the applicant demonstrates to have
investment in the amount equal to or greater than EUR 350 thousand, and may
carry out the investment or support individually or through society
unipersonal by quotas of which is the partner.
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9-In cases provided for in points b) a f) of paragraph 1, the quantitative requirement
minimum of investment activity may be lower by 20%, when
this is carried out in low-density territories.
10-For the purposes of the provisions of the preceding paragraph, territories of
low density, those of level of NUT III with less than 100 inhabitants per
Km2 or a per capita GDP of less than 75% of the national average.
11-When one of the minimum quantitative requirements is carried out through
society, considers itself attributable to the applicant for authorisation of
residence for investment activity only the ratio of the
investment corresponding to their participation in the social capital.
12-The minimum quantitative requirements required in this Article shall
be filled at the time of submission of the application for permission
of residence.
Article 65-B
Minimum temporal requirement of investment activity
The minimum temporal requirement of five years for the maintenance of the activity of
investment is counted from the date of the granting of the authorization of
residence.
Article 65-C
Minimum stay deadlines
1-For purposes of renewal of residence permit, citizens
applicants referred to in Article 90 of the Law No 23/2007 of July 4,
republished in an annex to the Act No. 29/2012 of August 9, shall comply with the
following minimum stay deadlines:
a) 7 days, followed or interpolated, in the 1 th year;
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b) 14 days, followed or interpolated, in the subsequent periods of two
years.
2-The application for renewal of residence permit is undue in the case of
the periods of permanence provided for in the preceding paragraph shall not be
fulfilled.
Article 65-D
Means of proof for granting of residence permit
1-For proof of the fulfilment of the requirement set out in the a) of paragraph 1 of the
article 65, the applicant shall submit:
a) Statement of credit institution authorised or registered in
national territory with the Bank of Portugal, attesting to
entitlements, free of burden and charges, of deposit accounts with
balance equal to or greater than 1 thousandhão million euros, or share in the
same amount when they are in the cause of collective accounts; or
b) In the case of acquisition of state government debt instruments
Portuguese, namely obligations of the exchequer, certificates of
savers or certificates of the exchequer, certificate proving attesting
the title, free of burden and charges, issued by the Agency of
Treasury Management and Public Debt-IGCP, E.P.E., de
instruments of value equal to or greater than one million euros; or
c) In the case of acquisition of scriptural securities, certified
proof of your entitlement, free of burden and charges, issued
by the respective registrant entity in the terms and for the effects of the
n. paragraphs 1 and 2 of Article 78 of the Securities Code; or
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d) In the case of purchase of securities titled to the holder
deposited with depositary pursuant to Art. 99 of the Code
of the Securities, certified proof of their title,
free of charge and charges, issued by the depositary; or
e) In the case of acquisition of nominative securities
not integrated into centralized system, certified certificate of the
your entitlement, free of burden and charges, issued by the respect
issuer; or
f) In the case of acquisition of integrated securities in
centralised system, certified certificate of its title,
free of charge and charges, issued by the financial intermediary along
of which is found open to respect integrated account in system
centralized; or
g) In the case of acquisition of social participation not covered in points
previous, certique of the updated commercial record, which attests to
detention of the participation, and contract by means of which held the
respect acquisition, with indication of the acquisition value;
h) Certificate of the updated commercial record, which demonstrates to be the
applicant the partner of the unipersonal society by quotas, in the case of the
investment being carried out through unipersonal society by quotas;
i) In the cases provided for in points c) a f) , statement of institution of
credit authorised or registered on national territory with the Bank
from Portugal, attesting to the effective transfer of capital to the
realization of the investment.
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2-For proof of the fulfilment of the requirement set out in the b) of paragraph 1 of the
article 65, the applicant shall present an updated security certificate
social and individual contracts of work concluded with the employees.
3-For proof of the fulfilment of the requirement set out in the c) of paragraph 1 of the
article 65, the applicant shall submit:
a) Title acquisitive or promise of purchase and sale of the real estate;
b) Statement of credit institution authorised or registered in
national territory with the Bank of Portugal, attesting to
effective transfer of capital for the acquisition of the immovable property or
for the payment, the title of sign in the contract promise of purchase and
sale, of value equal to or greater than EUR 500 thousand;
c) Updated certificate of the conservatory of the predial register with the
records, aversions and inscriptions in force, demonstrating having the
property of immovable property, free of burden or charges or certificate
of the predial record of which the provisional acquisition register is conspict
valid from the contract-promise of purchase and sale, whenever
legally viable, with a signal equal to or greater than 500 thousand euros;
d) Predial booklet of the immovable, where legally possible;
e) Certificate of the updated commercial record, which demonstrates to be the
applicant the partner of the unipersonal society by proprietary quotas or
promising-buyer of the real estate, in the case of the investment
be carried out through unipersonal society by quotas.
4-For proof of the fulfilment of the requirement set out in the d) of paragraph 1 of the
article 65, the applicant shall submit:
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a) Statement of credit institution authorised or registered in
national territory with the Bank of Portugal, attesting to
effective transfer of capital for the acquisition of the real estate and
realisation of urban rehabilitation works, in the equal amount or
greater than EUR 500 thousand, for account of deposits, free of charge and
charges, of which it is a holder, or of a quota in the same amount
when they are in the cause of collective accounts;
b) Title acquisitive of the immovable property;
c) Updated certificate of the conservatory of the predial register with the
records, aversions and inscriptions in force, demonstrating having the
property of immovable property, free of burden or charges;
d) Predial booklet of the immovable;
e) Proof of submission of request for prior information or
prior communication or the application for licensing, for the realization
of the urban planning operation of rehabilitation and, where applicable, declaration
of the managing entity of the competent urban rehabilitation operation,
which attests that the immovable is situated in urban rehabilitation area; or
f) Contract of employment for the realization of rehabilitation works in the
real estate object of acquisition, concluded with legal person who if
find properly enabled by the Institute of Construction and the
Real estate, I.P.;
g) Certificate of the updated commercial record that demonstrates to be the
applicant the partner of the unipersonal society by proprietary quotas
of the real estate, in the event that the investment is carried out through
unipersonal society by quotas.
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5-In the event that the applicant submits the documents provided for in the number
previous, shall, the differential between the purchase price of the immovable property and the
minimum amount of investment required, to be deposited in institution of
credit authorised or registered in national territory with the Bank of
Portugal to account for deposits, free of burden and charges, of which it is
holder.
6-In the event that the applicant submits the documents provided for in the paragraph f) from the
n. 4, shall the applicant submit receipt of settlement of the contract price
of endeavor or, in the event of impossibility for reason not attributable to the
applicant, deposit in account of deposits, free of burden or charges, of
who is a holder, the price of the contract of employment, in credit institution
authorised or registered in national territory with the Bank of Portugal,
owing to such a statement of the said credit institution,
attesting to the effective transfer of amount equal to or greater than the price of the
contract of employment.
7-For proof of the fulfilment of the requirement set out in the e) of paragraph 1 of the
article 65, the applicant shall submit:
a) Statement of credit institution authorised or registered in
national territory with the Bank of Portugal, attesting to
effective transfer of capital, in the amount equal to or greater than 350
a thousand euro, for bank account of which it is a holder;
b) Statement issued by public or private institution of research
scientific integrated in the National Scientific and Technological System,
attesting to the effective transfer of that capital;
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c) Certificate of the updated commercial record, which demonstrates to be the
applicant the partner of the unipersonal society by quotas, in the case of the
amount to be applied in research activities, through
unipersonal society by quotas.
8-For proof of the fulfilment of the requirement set out in the f) of paragraph 1 of the
article 65, the applicant shall submit:
a) Statement of credit institution authorised or registered in
national territory with the Bank of Portugal, attesting to
effective transfer of capital, in the amount equal to or greater than 350
a thousand euro, for bank account of which it is a holder;
b) Statement issued by the Office of Strategy, Planning and
Cultural Assessment, listened to the service of the area of culture with
assignments on the sector, attesting to the effective transfer of that
capital;
c) Certificate of the updated commercial record, which demonstrates to be the
applicant the partner of the unipersonal society by quotas, in the case of
investment or support for artistic production, recovery or
maintenance of national cultural heritage, through society
unipersonal by quotas.
9-A The proof of the regularized tax and contributory situation takes effect upon
the presentation, by the applicant, of negative statement of debt updated
issued by the Tax and Customs Authority and Social Security or,
in its impossibility, declaration of non-existence of registration with these
entities.
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10-The applicant shall submit affidavit, under commitment of honour,
attesting to the fulfillment of the minimum quantitative and temporal requirement of the
investment activity on national territory.
11-The means of proof and the statement referred to in the preceding paragraphs are
presented at the time of the application for granting permission of
residence, to be held presentially in the regional direction of the Service of
Foreigners and Fronts competent in function of the territory in which the
investment activity is exercised.
12-A decision to grant a residence permit for activity of
investment is the competence of the national director of the Service of
Foreigners and Borders, upon proposal by the regional director
competent in the terms of the previous number.
Article 65-And
Means of proof for renewal of residence permit
1-For proof of the fulfilment of the requirement set out in the a) of paragraph 1 of the
article 65-A, in the framework of the renewal of residence permit, the
applicant shall submit:
a) Statement of credit institution authorised or registered in
national territory with the Bank of Portugal, attesting to
entitlements, free of burden and charges, of deposit accounts with
quarterly average balance equal to or greater than 1 thousandhão million euros, or of
quota-part in the same amount during such period when they are
in cause collective accounts; or
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b) In the case of acquisition of state government debt instruments
Portuguese, Statement by the Treasury and Debt Management Agency
Public-IGCP, E.P.E., attesting to entitlement, free of charge and
charges, of equal average quarterly balance debt instruments
or more than one million euros; or
c) In the case of acquisition of scriptural securities, certified
proof of your entitlement, free of burden and charges, issued
by the respective registrant entity in the terms and for the effects of the
n. paragraphs 1 and 2 of Article 78 of the Securities Code; or
d) In the case of purchase of securities titled to the holder
deposited with depositary pursuant to Art. 99 of the Code
of the Securities, certified proof of their title,
free of charge and charges, issued by the depositary; or
e) In the case of acquisition of nominative securities
not integrated into centralized system, certified certificate of the
your entitlement, free of burden and charges, issued by the respect
issuer; or
f) In the case of acquisition of integrated securities in
centralised system, certified certificate of its title,
free of charge and charges, issued by the financial intermediary along
of which is found open to respect integrated account in system
centralized; or
g) In the case of acquisition of social participation not covered in points
previous, certique of the updated commercial record, which attests to
detention of the participation and contract by means of which held the
respect acquisition, with indication of the acquisition value;
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h) Certificate of the updated commercial record, which demonstrates to be the
applicant the partner of the unipersonal society by quotas, in the case of the
investment being carried out through unipersonal society by quotas;
i) In the case of application of amounts not provided for in the declaration
issued under the terms of the ( i) of paragraph 1 of the previous article, statement
of credit institution authorised or registered in national territory
next to the Bank of Portugal, attesting to the effective transfer of
capitals for the realization of the investment.
2-For proof of the fulfilment of the requirement set out in the b) of paragraph 1 of the
article 65-A, in the framework of the renewal of residence permit, the
applicant must present up-to-date certificate of social security to attest to
maintenance of the 10 jobs.
3-For proof of the fulfilment of the requirement set out in the c) of paragraph 1 of the
article 65-A, in the framework of the renewal of residence permit, the
applicant shall submit:
a) Title acquisition of property of immovable property and updated certificate
of the conservatory of the predial record with the records, averbings and
inscriptions in force, demonstrating having the property of immovable property;
or
b) Contract-promise of purchase and sale and, whenever legally
permissible, certificate of the predial record from which to const the registration
provisional acquisition of the contract-promise of purchase and
sale, with a signal equal to or greater than 500 thousand euros;
c) Predial passbook of the updated real estate, whenever legally
possible;
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d) Certificate of the updated commercial record that demonstrates to be the
applicant the partner of the unipersonal society by proprietary quotas or
promising-buyer of the real estate, in the case of the investment
be carried out through unipersonal society by quotas.
4-For proof of the fulfilment of the requirement set out in the d) of paragraph 1 of the
article 65-A, in the framework of the renewal of residence permit, the
applicant shall submit:
a) Title acquisition of property of immovable property and updated certificate
of the conservatory of the predial record with the records, averbings and
inscriptions in force, demonstrating having the property of immovable property;
b) In the case of work subject to graduation for the realization of works of
reconstruction or alteration of building that constitute works of
urban rehabilitation, presentation of alvshall when applicable, contract
of a celebrated endeavor for the realization of the rehabilitation works of the
immovable and, where applicable, declaration of the managing entity of the
competent urban rehabilitation operation, which attests that the
urban rehabilitation operation is found to be running or
fully executed; or
c) In the case of work subject to prior communication, statement by the entity
gestures of the competent urban rehabilitation operation, which attests that
urban rehabilitation operation is found to be running or
fully executed and contract of employment concluded for the
realization of the rehabilitation works of the immovable;
d) Receipt of settlement of the price of the contract of employment, whenever
possible;
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e) Certificate of the updated commercial record that demonstrates to be the
applicant the partner of the unipersonal society by proprietary quotas
of the real estate, in the event that the investment is carried out through
unipersonal society by quotas.
5-In the case of impossibility of full payment of the price of the contract of
employed by reason not attributable to the applicant, shall the applicant
submit statement of credit institution authorised or registered in
national territory with the Bank of Portugal, attesting to the title, of
deposits accounts with average quarterly balance equal to or higher than the price
of the contract of employment, or of the quota in the same amount during
such a period when they are in cause collective accounts.
6-In the event that the applicant has made partial payment of the price of the
employable contract, must present the respectable discharge receipt
partial, as well as declaration of authorized credit institution or
registered in national territory with the Bank of Portugal, attesting to
entitlements, of deposits accounts with average quarterly balance equal or
higher than the amount corresponding to the remnant of the price of the
contract of employment, or of a quota in the same amount during such
period when they are in cause collective accounts.
7-For the purpose of renewal of the residence permit for activity of
investment in the terms of the preceding paragraph, the applicant shall, by the
moment of the second application for renewal of residence permit
for investment activity, present the definitive title of acquisition of the
property of real estate.
8-For proof of the fulfilment of the requirement set out in the e) of paragraph 1 of the
article 65-A, in the framework of the renewal of residence permit, the
applicant shall submit:
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a) Statement issued by public or private institution of research
scientific integrated in the National Scientific and Technological System,
attesting that no overdue changes have been made,
attributable to the applicant, who have committed the support
granted;
b) Certificate of the updated commercial record, which demonstrates to be the
applicant the partner of the unipersonal society by quotas, in the case of the
amount to be applied in research activities, through
unipersonal society by quotas.
9-For proof of the fulfilment of the requirement set out in the f) of paragraph 1 of the
article 65-A, in the framework of the renewal of residence permit, the
applicant shall submit:
a) Statement issued by the Office of Strategy, Planning and
Cultural Assessment, listened to the service of the area of culture with
assignments on the sector, attesting that no changes have occurred
supervenients, attributable to the applicant, who have committed
the investment or support carried out or granted;
b) Certificate of the updated commercial record, which demonstrates to be the
applicant the partner of the unipersonal society by quotas, in the case of
investment or support for artistic production, recovery or
maintenance of national cultural heritage, through society
unipersonal by quotas.
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Article 65-F
Disclosure
1-The Ministry of Foreign Affairs and the Agency for Investment and
Foreign Trade of Portugal, E.P.E. (AICEP, E.P.E.), are responsible
by the disclosure of the residence permit scheme for activity of
investment and make available to other entities the necessary information
with a view to pursuing this same goal.
2-Through its diplomatic, consular and commercial networks the Ministry of
Foreign Affairs and the AICEP, E.P.E., promote, out of the territory
national, the disclosure of the residence permit regime for activity
of investment, in the respective areas of competence.
Article 65-G
Consular check
The Foreign and Border Office can, through the Ministry of the
Foreign Affairs, consult the posts of the diplomatic and consular network,
whenever in the assessment of applications for grant or renewal of
residence permits for investment activity and regrouping
related family lack of supplemental information on the means of
evidence presented or on other specific objective elements of the application,
which will require verification in the country of provenance of the applicant.
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Article 65-H
Accompanying group
1-A monitoring group consisting of the director-general of the
Consular Affairs and the Portuguese Communities, by the national director
of the Foreign and Border Service, by the President of the AICEP, E.P.E.,
by a representative of the member of the Government responsible for the area of
culture and by a representative of the Ministry of Education and Science,
designated for the purpose, which it brings together by convening any of its
members.
2-The accompanying group meets ordinarily once a month,
may any of its members convene meetings
extraordinary.
3-The members of the accompanying group referred to in paragraph 1 may
designate representatives to replace them in the event of an impediment or
absence.
4-The follow-up group has the following skills:
a) Debating and presenting proposals for solution or clarification
about doubts that arise in respect of the application of the present
regulatory decree, and may for the purpose of requesting the opinion
coach or participation in their meetings of experts in the subjects in
discussion;
b) Debating, coordinating and submitting proposals on activities of
internal and external disclosure of the scheme, with a view to the caption of
new investors;
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c) Monitoring the statistical developments of the authorisation regime of
residence for investment activity and present to the respects
tubs reports with points of situation and with the proposals that
understand appropriate.
Article 65-I
Audit
1-A Inspectorate-General of the Internal Administration carries out, at least two times
per year, an audit of the procedure of residence permits for
investment activity, under the terms of the ( a) of Article 2 (2) of the
Decree-Law No. 58/2012 of March 14, amended by the Decree-Law
n ° 146/2012 of July 12, giving knowledge of the findings and
recommendations to the 1 th committee of the Assembly of the Republic.
2-The conclusions and recommendations referred to in the preceding paragraph are
made available on the website of the Government portal.
Article 65-J
Manual of Foreign and Border Service procedures
The Foreign and Border Service draws up a manual of procedures
internal relating to the tramping of the residence permit processes for
investment activity, which is the object of approval by the member of the
Government responsible for the area of internal administration.
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Article 92-The
Follow-up by the High Commissioner for Migration
The High Commissioner for Migration, I.P., may perform duties of
interlocution with current and potential immigrants in procedures
administrative or outside of them, without prejudice to the own competences of
other public bodies, by way of the advice of those immigrants,
of contact with other public and private entities, from recourse to means
electronic and the preparation of the relevant documentation. "
Article 4.
Systematic changes
A section IV is added, with the epigraft " residence permit for activity of
investment ", which integrates articles 65-A to 65.-J, being renumbered the current sections
IV and V.
Article 5.
Abrogation standard
The Despacho n 11820-A/2012 of September 4, as amended by the Despacho, is repealed
n 1661-A/2013, of January 28.
Article 6.
Republication
It is republished in annex to the present regulatory decree, of which it is an integral part, the
Regulatory Decree No. 84/2007, of November 5, with the current essay.
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Article 7.
Entry into force
The present regulatory decree shall enter into force on the day following that of its publication.
Seen and approved in Council of Ministers of
The Prime Minister
The Minister of State and Finance
The Minister of State and Foreign Affairs
The Minister of the Internal Administration
The Deputy Minister and Regional Development
The Minister of Economy
The Minister of Education and Science
The Minister of Solidarity, Employment and Social Security
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ANNEX
(referred to in Article 6)
Republication of the Regulatory Decree No. 84/2007 of November 5
