Renewing Residence in Portugal
Article 78, paragraph 2 – Renewing a Residence Permit for highly qualified activity in certified companies – “TECH VISA”
The “Tech Visa” Program seeks a more effective and efficient granting process of residence visas/permits for highly qualified immigrants recruited by companies active in the area of technology and innovation (or others, in compliance with the provisions of Inter-ministerial Ordinance 328/2018 of December 19, amended by Inter-ministerial Ordinance 99/2019 of April 4). Companies are certified by IAPMEI, I.P. – in a procedure that also marks the recruitment process – available in the institutional page of this entity, at: IAPMEI – Tech Visa.
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 that the applicant has adequate accommodation
- Permission for SEF to check portugueses criminal records (except for under 16 years old)
For highly qualified activity performed for certified company:
- Term of responsibility (mandatory, to be presented together with the general/common documents referred above), issued by the certified company, confirming the continuity of the applicant’s activity.
- Residence Permit may be refused on grounds of public policy or national security reasons.
- A residence Permit shall be renovated only if its bearer has not been the object of custodial sentence (s) that individually or jointly exceed one year of imprisonment, even if, in case of sentencing for felonious crime set out in this legal framework, for crime of terrorism, for highly violent or highly organized crime, the enforcement of the sentence has been suspended.
- Residence Permit shall not be renovated if the holder has been judged by default, unless he / she is able to present evidence that he / she is no longer deemed as having been judged by default.
- The residence permit held by a foreign citizen convicted to a custodial sentence shall only be renewed if that same citizen has not been subject to a decree of expulsion.
- 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.
- The company, when signing the term of responsibility for renewal of the residence permit, must ensure that the applicant maintains compliance with the requirements of the Inter-ministerial Ordinance 328/2018 of December 19, amended by Inter-ministerial Ordinance 99/2019 of April 4, namely:
- Have no criminal records;
- Have the tax situation regularized before the tax administration and social security, when applicable;
- Have a minimum payment equivalent to 2.5 times the Index of Social Support (IAS – in 2019, 435.76 euros x 2.5 = 1.089,40 euros/month).
- The highly qualified worker must also continue carry out a highly qualified activity demonstrated through the fulfilment of one of the following requirements: have a minimum level of qualification of level 6 according to ISCED -2011; or, a worker with a level of qualification 5, a professional higher technical course, according to ISCED -2011, must demonstrate exceptional specialized technical skills obtained through at least 5 years of experience; or; contract of employment or promise of employment contract with a minimum duration of 12 months.
- The issuance of the term of responsibility by the company without verification of the requirements set forth in article 3 of the Ordinance or based on false information implies exclusion from the program for 5 years. The term is a mandatory document for the renewal of the residence permit and has a validity of 6 months from the date of issue by the certified company.
- 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.
- With the amendment introduced to article 75 of the Aliens Act by article 183 of Act n.º 2/2020 of 31 March – State Budget to 2020 in force since 01/04/2020 and to 2020 –, the temporary residence permit for highly qualified activity in certified companies – Tech Visa – is renewable for successive periods of three years [and not just two].
- Applicable administrative offences: Art. 201 of REPSAE (Non-renewal of residence permit); Article 202 (1) of the REPSAE (Infringement of article 86 of the REPSAE: not timely notification of the change in marital status or domicile).
ARTICLE 78, PARAGRAPH 2 OF THE ALIENS ACT, IN CONJUNCTION WITH ARTICLE 63, PARAGRAPH 1 AND 6 OF THE REGULATORY DECREE N.84/07 OF 05/11, AS AMENDED
ORDER NUMBER 1563/2007, OF 11/12