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)

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