Applying for Residence in Portugal
Studying in Portugal
Article 91-C – Residence permit for researchers in mobility
A third State national holding a “researcher” or “researcher in mobility” residence permit issued by a Member State of the European Union wishing to stay in national territory for investigation in a hosting body recognised in the national territory, including teaching activity, for a period over 180 days, must submit to SEF an application for a permit residence for long-term mobility (as well as for his/her family members by reunification) – Long-term mobility.
The application for residence title should be scheduled (via an electronic platform – to be implemented for holders of residence visas) and submitted personally on a standard form signed by the applicant or his/her legal representative. The application may be submitted at any SEF’s directorate or regional delegation, which, after proceedings and decision, will forward it to the directorate or regional delegation of the applicant’s area of residence. Necessary documentation as follows:
- Two recent, identical photographs, in colour with blank background, and easily identifiable (only for appointments at Odivelas, Aveiro or Braga SEF bureau)
- Professional certification, whenever needed
- Registration in the Tax Authority, whenever applicable
- Criminal record of the applicant’s country of origin, or of the country of him/her last residence for more than one year
- Evidence of sufficient means of subsistence, as per the provisions of Order number 1563/2007, of 11/12
- Evidence that the applicant has adequate accommodation
- Permission for SEF to check portuguese criminal record (except people under 16 years old)
- Residence Permit of the Member State of residence;
- Contract of services, or
- Scientific Research Scholarship, or
- Hosting Agreement and
- Registration within social security, in situations of a contract of employment or of provision of services and, optionally, of registration within a voluntary social insurance.
Under no. 2 of article 91-B, researchers admitted in Investigation Centres officially recognised (list to be defined by the members of the Government responsible by the area of sciences and higher education, see nº. 5) are exempted from submitting the documents supporting the means of subsistence, accommodation and registration within social security, when applicable.
- The granting of a residence permit shall entail: the absence of any fact which, if known to the competent authorities, would preclude the granting of the visa; Absence of conviction for a crime which in Portugal is punishable by a custodial sentence of more than one year; The applicant is not within a period of prohibition of entry into the national territory, following an expulsion measure from the country; No indication in the Schengen Information System; No indication in SEF’s Integrated Information System for non-admission purposes, under article 33 of the Aliens Act
- In case the stay in national territory is less than 180 days for each 360-day period (Short Term Mobility), the researcher in mobility is exempted from the compliance of any formalities, and the valid passport is required only, under the condition that he/she is not forbidden of entering the Schengen Area
- The application for the issuance of a residence permit shall be submitted within 30 days after the entry in NT, or until 30 days before the end of the 180 days deadline, if the researcher benefits from the provided in no. 1 of article 91-C.
- Pursuant to article 91-B, n.º 6, of the Aliens Act, the residence permit for researchers is valid for one year, and is renewable (for two-year periods) under article 78, if the conditions under which the permit has been granted are kept. Under article 91-B, n.º 7, if the permit is granted to researchers covered by the European Union or multilateral programs, including mobility measures, it is valid for two years or for the duration of the hosting agreement, if less, except in cases in which the researchers do not meet the conditions (article 62) on the date of granting, by which it shall be valid for one year only. 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.
- In case of renewal, the residence permit for long-term mobility remains valid even if the residence permit issued by the other Member State has expired.
- The decisions made on the application are informed in writing to the applicant and the authorities of the other Member State issuing the residence permit, in a maximum period of 90 days from the date of its submission.
- In general, the residence permit for Researchers has a validity of one year, renewable for two years under article 7 provided the issuance conditions are maintained.
- Whenever the residence permit has been issued by a Member State which does not applies the Schengen Agreement (Romania, Bulgaria, England, Ireland, Scotland), a declaration of the hosting entity specifying the mobility conditions may be required. In this case, the members of his/her family should have a valid residence permit issued by other Member State and supporting they are accompanying the researcher.
- Under no. 3 of article nº 97 of REPSAE, researchers may have a teaching activity accordingly. However, they cannot have other activities under the exclusivity of a research scholarship award.
- The following administrative offences apply: Article 192 of the Aliens Act (Illegal Stay); Article 197 of the Aliens Act (No entry declaration); Article 199 of the Aliens Act (No travel document)
ARTICLE 91-C Nº 2 OF THE ALIENS ACT, IN CONJUNCTION WITH ARTICLE 58 – B OF THE REGULATORY DECREE N.º 84/07 OF 05/11, AS AMENDED
ORDER NUMBER 1563/2007, OF 11/12