Immigration to Portugal

Immigration to Portugal

In Portocommerce, often requests come from people who want to come to Portugal, for permanent residence, to work, do business, etc. And everyone is worried about the question: “How to get legalization?”, And they want a simple and trouble-free recipe … In this connection, the author of this article recalls the events connected with his legalization of not so distant prescription – 2005. After more than 1.5 years of consideration, the immigration service sent a positive opinion on the possibility of legalization. Having collected the documents specified in the petition, in the early morning about 6-00 I was at the walls of the immigration service – it was near the walls, because from the doors I was separated by a chain of 200 people wishing to be legalized. At 10-00 the service employee notified everyone who was waiting, that for today all the registration numbers have already been issued …

In the evening of the same day at about 20-00 I was in the same place, this time only 10th in line, in front of me stood the guys from Bulgaria. Since the Bulgarians were out of town, they were on duty all night, and I got off by delivering the thermos from the coffee at 3 o’clock in the morning. Approximately 11-00 employees of the CEF returned my documents and said the next time to come in a month and provide a copy of the ticket where I entered Portugal in 2002 (!). I asked to give me a book of complaints, where I wrote everything that accumulated in almost 3 years of my unsuccessful attempts to legalize. A month later I was no longer asked for a ticket, but was asked whether there were 600 euros to pay a fine for illegal residence. To see the open doors of Schengen had to part with a monthly income. Approximately for this “recipe” received their first residence in Portugal, most immigrants.

Since then, much has changed in Portugal, in particular 2 times the immigration law has changed, the waiting lists have disappeared, you can register for admission to the CEF by phone or via the Internet – ww.sef.pt. Many participants in the first wave of immigration have already become citizens or have received a permanent residence permit. Most of the “present” in Portugal, almost 80,000 immigrants from the former USSR, legalized during the extraordinary government legalization that the government has now refused. Next, we offer you a brief overview of the possible legalization options in Portugal, once again noting that there are no ready-made 100% solutions. (Well, if only you have 1 million to invest in the Portuguese economy)

Legalization in Portugal.

The procedure and rules for the entry, stay, departure and expulsion of aliens from the territory of Portugal, as well as the status of a long-term resident, are governed by LAW n. 23/2007, de 4 de julho, as amended by this law. Lei n . 29/2012 of August 9, 2012 ( further under the text the immigration law, the legislation). Procedures and procedures for applying the law in practice are prescribed in the relevant regulations (decreto regulamentar). The law determines the main provisions, regulations to the law give a mechanism for their application, but neither the law nor the regulations can provide for all possible life situations. The application of the law in practice largely depends on the actions of specific officials in the field.

The prerogative of issuing (extending) visas and residence permits in Portugal, as well as other matters regulating the stay of foreigners in Portugal, is occupied by the Service of Foreigners and Borders – SEF.

The immigration law that was in force in Portugal since 2007 was unique. In particular, it was and still remains the only law in Europe, which contains a mechanism, “ordinary” legalization of immigrants. The new law preserves articles 88 and 89, which allow legalizing an immigrant subject to certain conditions, namely:

� legal (for a visa) entry into the country.

� availability of a working contract (or a document replacing it)

� registration and payment of appropriate contributions to the tax service and social insurance service.

On the other hand, the law of 29/2012 strengthened the limits of the employer’s responsibility for accepting illegal workers, which now range from 2000 to 30,000 euros, depending on the number of illegal immigrants. In practice, such penalties are rarely applied, mainly to construction firms that come across joint SEF inspections and labor inspections of ACT. Employers, as a rule, include in the work contract an article obliging the employee to update legal documents on staying in Portugal in a timely manner. Nevertheless, legal conflict persists, on the one hand, to legalize, the employee must have a working contract, on the other hand, the enterprise has no right to hire an illegal person.

Types of documents for stay in Portugal.

Documents permitting entry and stay in the country can be issued by Portuguese consulates abroad and SEF units in Portugal.

In the consulate of Portugal.

Consulates issue the following types of visas.

� short-term visa (visto de curta duracao);

� temporary residence visa (visto de estada temporaria).

� resident visa (visto de residencia);

Consideration of the application for the issuance of a resident visa is 30 days.

The temporary visa is valid for 4 months and entitles you to a one-time or multiple entry depending on the purpose of the trip. Before the expiration of the validity period, you must request a residence permit.