Applying for Residence in Portugal
Working in Portugal
Article 90 – 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. If the qualified activity is not carried out for a certified company, the person concerned may always apply for a residence permit for highly qualified work (Article 90.º, 1, a) of REPSAE) or a “EU Blue Card” (Article 121-A and following of REPSAE).
The application is formulated by scheduling (or via an electronic platform – to be implemented for holders of residence visas), by the applicant or the hosting entity/company (in this case preferably through electronic means). Must be submitted personally on a standard form signed by the applicant or his/her legal representative at any SEF’s directorate or regional delegation, which, after proceedings and decision, can 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)
- Passport or any other valid travel document
- Valid residence permit issued under article 61.º of REPSAE, except in applications submitted under n.º 2 of article 90.º – without residence visa
- Evidence that the applicant has adequate accommodation
- Permission for SEF to check portuguese criminal record (except people under 16 years old)
- Term of responsibility (mandatory, to be presented together with the general/common documents referred above), issued by the certified company that uses the activity of the applicant.
- 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.
- The residence permit described in this section issued with residence visa exemption, under n.º 2 of article 90.º, shall be submitted with all the documentation stated above and in addition a supporting evidence of legal entry and stay in the national territory.
- Inter-ministerial Ordinance 328/2018 of December 19, which defines and implements the “Tech Visa” Program, states in its article 5 that the term of responsibility issued by a certified company is sufficient for proof of: means of subsistence; regularity of the tax and Social Security situation; absence of criminal records, among others. The company, when signing the liability, must ensure that the applicant meets the following requirements:
- Be a citizen of a third State (non-UE) and not permanently resident in the European Union;
- Have the tax situation regularized before the tax administration and social security, when applicable – in the granting of the residence permit, already in National Territory;
- Have no criminal records – requesting the applicant to deliver the criminal record of the country of his or her nationality or of the country where he/she has been living for more than one year, authenticated and translated;
- Be at least 18 years of age;
- 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);
- Have a command of the Portuguese, English, French or Spanish language appropriate to the duties to be performed.
- The highly qualified worker must also carry out a highly qualified activity demonstrated through the fulfillment 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 examination of the visa application or the residence permit request and has a validity of 6 months from the date of issue by the certified company.
- With 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 –, the temporary residence permit for highly qualified activity in certified companies – Tech Visa – is valid for two years [and not just one] from the date of issue of the corresponding title and renewable for successive periods of three years [and not just two].
- The following administrative offences apply: Article 192 of the Aliens Act (Illegal Stay); Article 197 of the Aliens Act (No entry declaration); Article 198 of the Aliens Act (Unauthorized independent professional activity); Article 199 of the Aliens Act (No travel document).