Advocacia Portugal | Imigração

Dia: 14 de Julho, 2023

  • Article 90 of Law 23/2007: Misinterpretations in different SEF offices

    Article 90 of Law 23/2007: Misinterpretations in different SEF offices

    Article 90 of Law 23/2007 | SEF | Portugal

    Article 90 outlines the conditions that must be fulfilled to obtain a residence permit for highly qualified activities in Portugal:

    a) Have a work contract or service agreement compatible with teaching or highly qualified activities.

    b) Present an invitation letter issued by an educational or vocational training institution.

    c) Provide a statement of responsibility from a certified company, as defined by the relevant government departments responsible for internal affairs and the economy.

    d) Be collaborating in a cultural activity carried out in the national territory as part of a project recognized by the government department responsible for cultural affairs as being in the country’s interest.

    According to the information provided, only one of the conditions needs to be met. The condition varies depending on the specific situation and the interpretation of this article may differ among different SEF (Serviço de Estrangeiros e Fronteiras) offices in Portugal.

    Some SEF offices, such as those in Lisbon (Setubal, Evora and all under Lisbon jurisdiction) and have stricter interpretations and may require additional certifications, such as IAPMEI certification, even if the applicant fulfills the condition mentioned in letter “a” of the article.

    The problem is: when SEF employees does not know what they are doing, they usually call the Lisbon office for “guidance”. Because of this, the Madeira Autonomous Region (which apparently is following Lisbon interpretation).

    On the other hand, SEF offices in the northern region (like Porto and Braga)  interpret the law correctly and do not impose additional certification requirements.

    It is important to note that the specific requirements and interpretations may vary based on the SEF office and their regional guidelines.

    Therefore, individuals seeking a residence permit under Article 90 should always consult an experienced lawyer.

    The safest option is always take a lawyer with you in your interview/appointment, so you can ensure the enforcement of the law.

    Thiago Vieira, lawyer in Portugal, dedicated to Immigrant Law
    and in the Law of Foreigners     (talk to this lawyer: click here)

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    tags: SEF, Portugal, article 90, highly qualified activities .

  • What is a court expert? Digital Law in Portugal

    What is a court expert? What does an expert in information technology do in a lawsuit?

    An expert is a person appointed by the court or the parties in order to provide his expertise on a certain subject during court proceedings. Their duty is to the court even if the parties have appointed the expert.

    Usually, national laws lay down the duties and responsibilities of experts. Most countries stipulate requirements (education, training and/or certification) for recognition as an expert in court proceedings. Currently, there is no agreement between the Member States on the requirements for (judicial) experts and national nomenclatures significantly differ from one another.

    There are many types of experts:

    • An expert witness will be asked to interpret facts and/or give an opinion based on their expertise in technical matters or on their experience so as to clarify the parties’ arguments;
    • A technical expert will be asked to give their opinion on technical or scientific issues;
    • A legal expert may be consulted about rules, practices and rights applicable to foreign law;
    • Other experts.

    The national factsheets on experts and expertise provide information about existing national lists and registers of experts, requirements experts have to adhere to, remuneration and liability of experts, as well as information about the conduct of expert proceedings.

    These national factsheets have been compiled by the European Expert and Expertise Institute (EEEI) within the framework of the Find an Expert project, funded under the Justice Programme of the European Commission.

    Source: European e-Justice

  • Court expert in Portugal | Digital Law

    Judicial expert in digital law lawsuits (information technology)

    A court expert, also known as a court-appointed expert or judicial expert, is a professional with specialized knowledge and expertise in a particular field who is appointed by the court to provide expert opinions or advice in a legal case. Unlike a party-hired expert who works for one of the parties involved in the case, a court expert is appointed by the judge and serves as an impartial and independent advisor to the court.

    The expert must act according to his area of expertise. For example, in Portugal, we have Thiago Vieira, who is a judicial expert in digital law, with extensive experience in information technology issues.

    The role of a court expert is to assist the court in understanding complex technical, scientific, or specialized matters that are relevant to the case. The court expert’s opinion or report is intended to provide an objective and expert analysis of the issues at hand and help the court make informed decisions based on reliable and accurate information.

    The appointment of a court expert can occur in various types of legal cases, such as civil litigation, criminal proceedings, or administrative hearings. The court expert may be asked to evaluate evidence, conduct investigations, perform analyses, or provide expert testimony during the trial or hearing. Their role is to assist the court in reaching a fair and just resolution based on their professional expertise.

    It’s important to note that the specific procedures for appointing and utilizing court experts can vary between jurisdictions and legal systems. However, the overarching purpose of a court expert remains consistent: to provide the court with specialized knowledge and opinions to aid in the resolution of a legal matter.

    Adriano Pinheiro, lawyer in Portugal

    tags: expert proof, court expert, forensic report, expert, court expert, questions .

  • Digital Law in Portugal | Specialist Lawyer

    Digital law, also known as cyber law or internet law, refers to the legal principles and regulations that govern activities conducted online or in the digital realm. It encompasses a broad range of legal issues related to the internet, digital technology, and electronic communications.

    You can schedule an appointment online with a lawyer specializing in digital law – Click Here.

    Digital law covers various aspects, including but not limited to:

    Privacy and data protection: Laws and regulations that govern the collection, use, storage, and sharing of personal information online. This includes regulations like the General Data Protection Regulation (GDPR) in the European Union.

    Intellectual property: Legal frameworks that protect copyrights, trademarks, patents, and other intellectual property rights in the digital sphere. These laws address issues such as online piracy, digital content distribution, and infringement.

    Cybercrime: Laws that address criminal activities committed online, such as hacking, identity theft, fraud, cyberbullying, online harassment, and cyberterrorism. These laws aim to protect individuals, organizations, and governments from digital threats.

    E-commerce and online contracts: Regulations governing electronic transactions, online contracts, consumer rights, online advertising, and electronic signatures. These laws ensure the enforceability and fairness of digital transactions.

    Internet governance: Legal frameworks related to the management and regulation of the internet, domain names, internet service providers (ISPs), and online content. These laws aim to maintain stability, accessibility, and accountability in the digital environment.

    Jurisdiction and cross-border issues: Legal principles that determine which laws apply when activities or disputes occur across different jurisdictions. These laws address challenges related to online activities that transcend national boundaries.

    Digital law is a constantly evolving field, as technology and the digital landscape continue to advance. Governments, international organizations, and legal experts work to adapt existing laws and develop new regulations to keep pace with the ever-changing digital environment.

    Adriano Martins Pinheiro, lawyer in Portugal

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    digital law, lawyer, attorney at law, portugal .