IMMIGRATION LAW
Immigration law is one of our areas of expertise.
In the end, it’s not the years in your life that count. It’s the life in your years.
– Edward Stieglitz
We provide advice and assistance in legal matters in Portugal regarding residence permits and the applicability and eligibility of different types of visa in close connection with tax law.
We believe in personalised assistance prepared to assess all situations on a case-by-case basis, following principles of consistency, confidentiality and neutrality.
RESIDENCE PERMITS IN PORTUGAL
RESIDENCE PERMITS
The most common types are:
- Golden Visa: residence permit by investment;
- Family reunification;
- D7 Visa: permit requested by retirees, passive income earners or high net worth individuals (also known informally as a “Passive Income Visa” or “Type I Visa”);
- D2 Visa: for those who wish to start an independent activity, with a company or service contract;
- Long-term residence permit issued by another EU member state: permit requested by the holder of a long-term residence permit issued by another EU member state;
- Residence permit for study, unpaid internship and voluntary work;
- EU Blue Card: awarded to highly qualified professionals with a highly remunerated employment contract;
- Residence permit for work: permit to carry out a professional activity in Portugal as an employee;
- Residence permit for activities in higher education and research and skill-intensive;
- “Startup Visa”: this can be requested by an entrepreneur, or by a group of up to 5 entrepreneurs, with the intention of developing an entrepreneurial and/or innovative business in Portugal under an agreement with an accredited Portuguese incubator.
GOLDEN VISA
To obtain the “Golden Visa” (Residence Permit by Investment), after choosing and carrying out the investment, collecting and preparing the documentation (regarding the investment) it is necessary to submit the application to the ARI portal. The eligibility conditions will be analysed and the respective pre-approval will be granted. An appointment is then made with the Portuguese Authorities through the Immigration Service (AIMA).
In Portugal, the applicant must appear in person before the AIMA for an interview with the necessary documentation (original copies within the validity periods). The residence permit will be processed after this step.
GOLDEN VISA BENEFITS
- Waiver of a residency visa for entering and staying in Portugal;
- The opportunity to live and work in Portugal with low minimum stay requirements: 14 days in the first two years and 21 days during the following 3-year periods;
- Visa waiver for travel within the Schengen Area;
- Family reunification;
- The opportunity to obtain permanent residency after 5 years, valid for 5 years;
- To opportunity to apply for Portuguese citizenship, by naturalisation, after 5 years.
D7 Visa
D7 visa applications must be submitted at the Portuguese Consulate in the country of residence, in person, with all the required (original) documents attached. The residence visa is valid for 120 days.
In Portugal, a residence permit must be requested from the Immigration and Border Control Service, for which a prior appointment must be made. The residence permit will be issued after an interview with the AIMA and upon presentation of all the necessary documentation.
The residence permit known as the D7 visa, “passive income visa” or “type I visa”, allows third country (non-EU/EEA) nationals to obtain a temporary residence permit with the following benefits:
- The opportunity to live and work in Portugal;
- Visa waiver for travel within the Schengen Area;
- Family reunification;
- The opportunity to obtain permanent residency after 5 years, valid for 5 years;
- To opportunity to apply for Portuguese citizenship, by naturalisation, after 5 years;
- The opportunity to apply for the Non-Habitual Resident (NHR) tax regime.
Eligibility requirements:
- A residence visa is required to obtain a residence permit;
- Portuguese tax identification number and Portuguese bank account;
- Proof of accommodation in Portugal (long-term lease, deed of purchase and sale);
- Proof of income: documents certifying the ownership and amount of eligible regular passive income;
- Documents that certify ownership of movable and immovable property, intellectual or financial property and respective income;
- Documents that certify other situations of economic means, to be analysed on a case-by-case basis.
minimum expected income that allows the applicant to be resident in Portugal, for a period of not less than 12 months, is:
- First adult (applicant): 100% of the current minimum wage (820 euros) = 9,840.00 euros/year;
- Second adult (spouse or equivalent): 50% of the current minimum wage (410 euros) = 4,920.00 euros/year;
- Children under the age of 18: 30% of the current minimum wage (246 euros) = 2,952.00 euros/year.
Minimum stay requirements: periods of absence from the national territory cannot exceed 6 consecutive months or 8 non-consecutive months, except in special circumstances as determined by law.
D2 Visa
A D2 Visa must be granted to applicants who wish to start an independent activity, with a Company or Service Provision contract. (If applicable, accompanied by a statement attesting the fulfilment of the requirements for practising the profession in Portugal.)
To apply for a residence permit, applicants must prove the start of activity with the Tax and Social Security Authorities.
HIGHLY QUALIFIED VISA
- The opportunity to live and work in Portugal;
- Visa waiver process (a residence visa application may be recommended in some cases);
- Visa waiver for travel within the Schengen Area;
- Family reunification;
- The opportunity to obtain permanent residency after 5 years, valid for 5 years;
- To opportunity to apply for Portuguese citizenship, by naturalisation, after 5 years;
- The opportunity to apply for the Non-Habitual Resident (NHR) tax regime.
Eligibility requirements:
- Portuguese tax identification number;
- Proof of accommodation in Portugal (long-term lease, deed of purchase and sale);
- Employment contract or freelance contract with a minimum duration of six months, corresponding to an annual remuneration of at least 1.5 times the national average gross annual salary (€ 2,041.50/month) or 3 times the value of the social support index – IAS (€ 1,527.84/month) – reductions apply for professions belonging to the main groups 1 and 2 of the International Standard Classification of Occupations (ISCO);
- The occupation must require specialised technical skills of an exceptional nature or an appropriate qualification to practise;
- The candidate must have a higher education degree or a minimum of five years of work experience at a level comparable to higher education qualifications that are relevant to the profession or sector specified in the employment contract or employment offer.
Minimum stay requirements:
Periods of absence from the national territory cannot exceed 6 consecutive months or 8 non-consecutive months, except in special circumstances as determined by law.
Notwithstanding the residence permit for highly qualified activities in certified companies (Tech Visa), the application for a residence permit to practise a highly qualified profession has proven to be a quick and effective process for candidates who plan to be workers or freelancers in Portugal.
VISA FOR REMOTE WORKERS
Remote workers or digital nomads may apply for a temporary stay visa or a residence visa to engage in a professional activity remotely outside the national territory.
To meet the visa eligibility requirements, applicants must:
- Be an employee or self-employed person;
- Have an employment contract or service provision contract signed with a natural or legal person domiciled or headquartered outside the national territory, presenting the supporting documents required by law;
- Prove average monthly earnings from professional activity in the last 3 months, in the minimum average amount of four times the guaranteed minimum monthly remuneration, that is, the average monthly amount must correspond to at least € 3,280.00.
The visa applications must be submitted at the Portuguese Consulate in the country of residence, in person, with all the required (original) documents attached. The residence visa is valid for 120 days.
In Portugal, a residence permit must be requested from the Immigration Service, for which a prior appointment must be made. The residence permit will be issued after an interview with the AIMA and upon presentation of all the necessary documentation.
The residence permit allows third country (non-EU/EEA) nationals to obtain a temporary residence permit with the following benefits:
- The opportunity to live and work in Portugal;
- Visa waiver for travel within the Schengen Area;
- Family reunification;
- The opportunity to obtain permanent residency after 5 years, valid for 5 years;
- To opportunity to apply for Portuguese citizenship, by naturalisation, after 5 years;
- The opportunity to apply for the Non-Habitual Resident (NHR) tax regime.
Minimum stay requirements under the residence permit: periods of absence from the national territory cannot exceed 6 consecutive months or 8 non-consecutive months, except in special circumstances as determined by law.
INSIGHTS
INSIGHTS about IMMIGRATION LAW
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Talk to us for legal and tax issues related to mobility and immigration.
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Talk to us for legal and tax issues related to mobility and immigration.