Renewing Residence in Portugal
Article 124-E, paragraph 7 – “Mobile ICT – Permit for long-term mobility” Residence permit for mobility of workers transferred within the company, holder of an Intra-corporate Transfer residence permit granted by other Member State of the European Union and whose stay exceeds 90 days within a 180 days period
The residence permit is renewed for three years to managers and specialists hosted by entity/company established in the national territory, according to the national legislation, for which they were transferred to under a transfer within the company – subparagraph ii), nº 1, article 3 of Law nº. 23/2007 and nº 7 of article 123-B.
The application for the renewing of a residence permit shall be made on-line. It shall be delivered personally, on a standard form signed by the applicant or by his/her legal representative, if the applicant is a minor or legally disabled, and can be submitted in any SEF directorate or regional delegation, which may send it, after proceedings and decision, to the directorate or regional delegation of the applicant’s area of residence. It shall be accompanied by:
- Two recent, identical photographs, in colour with blank background, and easily identifiable (only for appointments at Odivelas, Aveiro or Braga SEF bureau)
- Residence Title valid, or expired in the previous 6 months
- Passport or any other valid travel document
- Evidence of sufficient means of subsistence, as provided in Order number 1563/2007, of 11/12
- Evidence that the applicant has adequate accommodation
- Permission for SEF to check portuguese criminal record (except for under 16 years old)
- Evidence of registration within tax authority
- Supporting evidence of the regular situation within social security
- Keeping of the contract of employment with the company or group, specifying the situation as a manager or a specialist
- Document issued by the employer with the identification of the hosting company, wages and additional working conditions during the period of transfer, with the indication of its duration
- Health insurance, when not covered by the National Health System
- Guarantee by the hosting company in which complies with the national legislation in matter of working conditions and remuneration
By decree order of the members of the government of the interior and economy, under number 3 of article 124 B, when the applicant is transferred to certified companies or groups of certified companies he/she is exempted from submitting the previously indicated documents, being sufficient to annex the document issued by the employer with the identification of the hosting company, wages and additional working conditions during the period of transfer, indicating its duration.
Pursuant to article 124-E, n.º 7, of the Aliens Act, the residence permit for long-term mobility of workers is valid for one year or for the corresponding duration of the transfer to the national territory, and may be renewed for equal periods of time, up to three years, in the case of managers and specialists, or one year, in the case of trainees, as long as the conditions under which the permit has been granted are kept.
Trainees may renew the “Mobile ICT” residence permit when the validity of the first one and the period of transfer do not exceed one-year stay in the national territory, cf. article 124-E, n.º 7, and article 124-C, n.º 1, subparagraph f), pursuant to article 124-E, n.º 10 of the Aliens Act.
Because these are special legal provisions, the amendment introduced to article 75 of the Aliens Act, by article 192 of Act n.º 75-B/2020 of 31 december – State Budget to 2021 in force since 01/01/2021 and to 2021 does not apply.
- The residence permit may not be renewed by public order or public security reasons
- The residence permit of foreign nationals is renewed only when there is no conviction for imprisonment or imprisonment which, separately or cumulatively, exceeds one year even when in the case of condemnation for intentional crime provided in this diploma or within this context, or for a crime of terrorism, violent crime or specially violent crime or highly organised crime, its execution has been suspended
- For any foreign national considered contumacious the residence permit is not renewed, until submission of evidence in which such declaration has expired
- The residence permit of foreign nationals imprisoned can only be renewed provided its removal has not been decided
- The application for a residence permit for workers transferred within the company is held inadmissible when the following occurs:
- The applicant does not comply with or no longer complies with the conditions defined in article 124-E of REPSAE;
- The documents submitted were obtained in a fraudulent manner, falsified or adulterated;
- The hosting entity has been created with the purpose to facilitate the entry of workers transferred within the company;
- The hosting entity has been sanctioned for non-declared work and/or illegal employment;
- The hosting entity has not regarded the legislation in force in matter of social security, taxes, labour rights or is being or has been dissolved or declared insolvent, under the national legislation, or has no record of any activity whatsoever;
- The maximum period of three years stay in case of managers and specialists has been reached, and of one year stay in case of trainees;
- The hosting company is being dissolved or does not have economic activity;
- The recognition of the hosting company has been cancelled under nº 4 of article 124-B;
- The application for renewing the residence permit may be submitted by the person concerned between 90 and 30 days previous to the expiry of the title
- Residents shall communicate to SEF any changes in their marital status, or in their home address, within 60 days from the date those alterations occur
- A receipt attesting submission of an application for renewal of a residence permit, replaces the Residence Permit, in all its effects, for a period of 60 days, renewable
ARTICLE 124-E, PARAGRAPH 7 OF THE ALIENS ACT
ORDER NUMBER 1563/2007, OF 11/12