Portugal: New legal regulation for aliens act

published on 28 october 2022 | reading time approx. 3 minutes

The latest changes to the Regulatory Decree nº 84/2007, dated 5th of October, come into force on 30 October 2022, introducing some new norms regarding the legal regime for foreigners on the entering, remaining, exiting, and moving away from the national territory.

The implementation of the Agreement about the mobility between CPLP's Member States¹, aims to promote mobility and freedom of movement, facilitate mobility between different territories, as well as entry and stay there, and strengthen cooperative relations between CPLP's Member States.

It also implements in the national legal system some EU Regulations regarding the establishment, operation, and use of the 2nd generation SIS².

These goals are intended to be achieved through the transposition of EU's norms³ on border control and Fundamental Rights, as well as international obligations arising from the Convention regulating the Status of Refugees, the European Convention on Human Rights, and the Convention on Children's Rights.

On that note we highlight the following measures:

Creation of a visa of limited duration that allows the legal entry of immigrants in Portugal with the objective of looking for work.
Possibility of temporary stay or residence visas also serving the purpose of providing remote work.
Visa applications must be submitted at a consular post and at a consular section of the embassy to which they refer, located in the country of their customary residence or in the country of the consular jurisdiction of the State of their residence, on a specific form, signed by the applicant and instructed with the remaining necessary documentation. In the case of a visa application for a minor or legally incapable person, it must be signed by the respective legal representative.
The applicant for a residence and temporary stay visa, from a nation, in which the Agreement on Mobility between the CPLP Member States is in force, or a national of a State to which this exemption is extended by an international agreement is excused from being present to submit the visa application.
Exemption of the proof of means of subsistence in the visa application to search for work, for citizens of a State in which the CPLP Agreement is in force or in which the special conditions of that same Agreement are extended to, being, only, obliged to present a term of responsibility.
The entry of unaccompanied minors into Portuguese territory will only be authorized if there is a Portuguese citizen or a foreign citizen, who regularly stays in Portugal who is responsible for their stay.
For a minor residing in Portugal to leave unaccompanied by the person exercising parental responsibilities, an authorization must be presented signed by one of the parents or by the person responsible for the minor and certified by any of the legally predicted forms.
Permission to accompany, from the country of origin, the relative qualified with the respective visa, allowing, inclusively, the family to enter the national territory on a regular basis, promoting family reunification.
Publication of job offers on the IEFP, I.P. website, on the Internet, so that they are available to third-country nationals.
Permission to carry a professional activity out by the holder of a residence permit for research, study, student exchange, professional internship or volunteering, in addition to the activity that gave rise to the visa.
Greater protection for vulnerable people, such as unaccompanied minors, people with disabilities, the elderly, pregnant women, families with minors and presumed victims of crimes of trafficking, torture, rape and other types of psychological, physical or sexual violence.
The gathering and processing of data and photos of nationals of an EU Member States and stateless persons is carried out in the regulations applicable to the SIS.
Access to the asylum procedure and subsidiary protection is guaranteed to foreigners who presumably need or require it.
The application for granting a residence permit may exempt a residence visa, in special cases, provided for in article 122 of Law nº 23/2007, of 4 July.
The application for granting a residence permit for the exercise of a subordinated professional activity, submitted by a holder of a residence visa for the same purpose, must be accompanied by an employment contract and all the necessary information for the registration to be verified by the tax administration and social security.