Advocacia Portugal | Imigração

Autor: Pinheiro

  • Smartest people seek expert advice

    The smartest people seek expert advice.

    The reason is that smart individuals understand their limitations and recognize that they may not have all the knowledge and expertise needed to make the best decisions in every situation. Therefore, they seek out advice and guidance from experts in particular fields when faced with a problem or challenge.

    Smart people tend to have a growth mindset, meaning they are open to learning and seek out new information and perspectives. They understand that seeking expert advice can provide valuable insights, help them avoid mistakes, and increase their chances of success.

    Furthermore, seeking expert advice on a case-by-case basis allows individuals to tailor their approach to the specific situation at hand. Different situations may require different types of expertise, and seeking advice from experts in those areas can help individuals make the best decisions.

    In summary, smart people seek expert advice on a case-by-case basis, as they recognize their limitations and are willing to seek out advice and guidance to make informed decisions and increase their chances of success.

    Adriano Martins Pinheiro

    tags: expert, advice, lawyer, attorney at law, portugal ...

  • How important is it to consult a lawyer? (Portugal)

    Consulting a lawyer can be very important in many situations, especially those involving legal matters. Lawyers are trained professionals who are familiar with the law and can provide legal advice and guidance on a wide range of issues.

    Here are some situations where consulting a lawyer can be particularly important:

    Starting a business: A lawyer can help you navigate the legal requirements for starting a business, including drafting contracts, registering trademarks, and setting up a legal structure for your business.

    Real estate transactions: A lawyer can help you with buying or selling a property, reviewing contracts, and resolving any legal disputes that may arise.

    Family law matters: A lawyer can provide legal advice and representation for issues such as divorce, child custody, and adoption.

    Criminal defense: A lawyer can provide legal representation if you are facing criminal charges, helping you navigate the legal system and protecting your rights.

    Personal injury claims: A lawyer can help you file a personal injury claim, negotiate with insurance companies, and pursue compensation for your injuries and damages.

    Consulting a lawyer can be important not only for addressing specific legal issues but also for preventing legal problems in the first place. A lawyer can review contracts and legal documents, identify potential issues, and provide guidance on how to protect your legal rights and interests.

    However, it is worth noting that hiring a lawyer can be expensive, and not everyone may be able to afford legal representation. Nonetheless, many lawyers offer free or low-cost consultations, and some legal organizations provide pro bono services for those who cannot afford to hire a lawyer.

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    tags: attorney at law, lawyer, portugal, advice, consulting ...

  • EB-2 | Employment-based immigrant visa category in the United States

    EB-2 is a type of employment-based immigrant visa category in the United States. It is intended for foreign nationals who possess advanced degrees or exceptional ability in their field of work.

    To qualify for an EB-2 visa, the applicant must have at least a Master’s degree or a Bachelor’s degree plus five years of progressive experience in their field. Alternatively, they may show exceptional ability in the sciences, arts, or business, which must be demonstrated through sustained national or international acclaim and recognition.

    EB-2 visa applicants must also have a job offer from a U.S. employer who is willing to sponsor their visa. The employer must also obtain a labor certification from the U.S. Department of Labor to show that there are no qualified U.S. workers available for the position.

    EB-2 visas are subject to annual numerical limits, which means that the number of visas available in this category may be limited in a given year. However, EB-2 visa holders can eventually apply for permanent residency (green card) and eventually become U.S. citizens if they meet the eligibility requirements.

    There are two types of EB-2 visas:

    EB-2 (NIW) – National Interest Waiver

    This type of EB-2 visa allows foreign nationals who have exceptional ability in their field or an advanced degree to waive the job offer and labor certification requirements. Instead, the applicant must show that their work will be in the national interest of the United States.

    To qualify for the National Interest Waiver, the applicant must demonstrate that their work has substantial merit and national importance, and that they are well-positioned to advance the proposed endeavor. They must also show that it would be beneficial to waive the job offer and labor certification requirements, and that they are likely to continue working in their field in the United States.

    EB-2 (Non-NIW) – Employer Sponsored

    This type of EB-2 visa requires a job offer from a U.S. employer who is willing to sponsor the foreign national for permanent residency. The employer must also obtain a labor certification from the U.S. Department of Labor to demonstrate that there are no qualified U.S. workers available for the position.

    To qualify for the EB-2 (Non-NIW) visa, the foreign national must have either an advanced degree or a bachelor’s degree plus five years of progressive experience in their field. They must also demonstrate exceptional ability in their field, which can be shown through sustained national or international acclaim and recognition.

    Overall, both types of EB-2 visas are intended for individuals who possess advanced degrees or exceptional ability in their field and have a job offer from a U.S. employer. However, the National Interest Waiver allows for a waiver of the job offer and labor certification requirements for those who can demonstrate their work will be in the national interest of the United States.

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    tags: united states, us, visa ...

  • What are the highest paying professions in Portugal?

    According to the Portuguese National Institute of Statistics, the highest paying professions in Portugal are typically found in the following sectors:

    • Information and Communication Technologies (ICT) – jobs related to computer programming, system administration, software engineering, and network management tend to offer high salaries.
    • Health care and life sciences – specialized medical professionals, such as doctors and dentists, as well as researchers in the life sciences field can also earn high salaries.
    • Finance and business – positions such as financial managers, investment bankers, and management consultants typically offer competitive salaries.
    • Law – lawyers and judges are also among the highest paid professionals in Portugal.
    • Engineering and architecture – particularly those specializing in civil engineering, construction management, and architecture can also earn high salaries.

    It’s worth noting that salary levels can vary widely depending on the specific job, level of education and experience, and the geographic location within Portugal.

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  • How to register a trademark in Portugal?

    Trademark registration in Portugal

    A trademark is a sign used to distinguish goods or services of a company in the commercial environment. In addition to the trademark other trade signs can be registered: logos, appellations of origin, geographical indications, collective trademarks, certification or guarantee trademarks and rewards.

    In Portugal, only INPI can grant exclusivity rights on trademarks and other signs used in tarde. Learn how to register on this page.

    Signs cannot be registered if:

    • they are already registered
    • they mislead the consumer
    • they are only made of words describing the characteristics of the goods or services or words that are used in commercial language
    • they use expressions or words that are contrary to morality and good manners
    • they violate the rights of third parties or encourage unfair competition
      incorporating State symbols, emblems of national or foreign public entities, coats of arms, names or portraits of people, without permission from the person or entity who owns these symbols
    • incorporating signs with a high symbolic value (for example, religious symbols), unless they have become customary in the current language or in the trade and are accompanied by other elements that make the sign distinctive.

    The rights granted by INPI are only valid in national territory. If you want to protect your trademark abroad, you must apply for an international trademark or a European Union trademark registration.

    If you prefer, you can apply directly in each countries where you want to protect your trademark.

    Source: Justiça Portugal

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  • Key Vocabulary for Contracts | Law Firm in Portugal

    Key Vocabulary for Contracts

    Offer: a proposal made by one party to another, indicating a willingness to enter into a contract.

    Acceptance: the agreement by the other party to the offer made, thereby forming a binding contract.

    Consideration: something of value that is exchanged between the parties in a contract, usually money, goods or services.

    Breach: the failure of one party to fulfill their obligations under the contract.

    Termination: the ending of a contract by one or both parties.

    Indemnification: the protection of one party against losses or damages incurred as a result of the actions of the other party.

    Arbitration: the process of resolving disputes outside of the court system, typically by a neutral third party.

    Confidentiality: the obligation of one party to keep certain information disclosed by the other party private.

    Force Majeure: a clause in a contract that excuses a party’s performance when unforeseeable events beyond their control occur.

    Jurisdiction: the geographic area or legal authority in which a contract is governed and disputes are resolved.

    General Structure of Contracts

    The general structure of contracts usually consists of the following sections:

    Introduction: This section identifies the parties involved in the contract and their respective roles.

    Definitions: This section defines any key terms used throughout the contract.

    Scope of Work: This section outlines the specific services or goods to be provided under the contract.

    Payment Terms: This section outlines the payment terms for the contract, including the amount to be paid and the method of payment.

    Term and Termination: This section outlines the duration of the contract and the circumstances under which it may be terminated.

    Confidentiality and Non-Disclosure: This section outlines the obligations of each party to keep any confidential information exchanged during the contract period confidential.

    Intellectual Property Rights: This section outlines the ownership of any intellectual property rights associated with the work performed under the contract.

    Limitations of Liability: This section outlines the limits of liability for each party involved in the contract.

    Dispute Resolution: This section outlines the process for resolving disputes that may arise during the contract period.

    Standard Contract Terms

    Standard contract terms are pre-written terms that are commonly used in contracts across various industries. These terms are usually non-negotiable and are included in contracts to protect the interests of the parties involved. Some common standard contract terms include:

    Governing Law: The law that will govern the contract in the event of a dispute.

    Entire Agreement: A statement that the contract represents the entire agreement between the parties and supersedes any previous agreements or understandings.

    Assignment: The ability to transfer the rights and obligations of the contract to a third party.

    Severability: A statement that if any provision of the contract is found to be invalid or unenforceable, the remainder of the contract will still be valid and enforceable.

    Waiver: The ability to waive certain rights or obligations under the contract.

    Notices: The method by which each party will communicate with the other party under the contract.

    Contract Templates

    Contract templates are pre-written contract documents that can be customized to fit the specific needs of a particular contract.
    These templates provide a starting point for creating a contract and can be useful for parties who may not have the expertise or time to create a contract from scratch.

    It is important to note that the use of a template does not guarantee that the resulting contract will be legally enforceable, and it is always recommended to have a legal professional review any contracts before signing.

    Adriano Martins Pinheiro is a lawyer in Portugal

    tags: contract templates, portugal, law firm, lawyer ...

  • Immigration planning | Portugal

    Immigration planning is a process of preparing and strategizing for the legal and logistical aspects of moving to a new country for work, study, or personal reasons. It involves identifying the necessary steps and requirements to obtain a visa or resident permit, securing necessary documentation, and making arrangements for housing, employment, and other logistics in the destination country.

    Immigration planning may also involve identifying potential challenges and risks associated with the move, such as cultural differences, language barriers, or legal and financial considerations. As part of the planning process, individuals may consult with immigration lawyers to ensure that they have a comprehensive understanding of the legal and regulatory requirements for immigration to the destination country.

    Immigration planning is particularly important for individuals who are planning to move to a new country on a permanent basis, as it can help them avoid potential pitfalls and ensure a smoother transition to their new home. However, it can also be useful for those who are moving temporarily, such as for work or study abroad, as it can help them navigate the complex legal and logistical requirements of their stay in the new country.

    Hire an experienced and reliable professional.

    We are a team of experienced lawyers registered with the Portuguese Bar Association.

    Adriano Martins Pinheiro, lawyer in Portugal

    tags: immigration planning, house, real estate, health, job, work ...

  • Some of the best professions in Portugal

    Portugal has several growing industries that offer opportunities for professionals with a range of skills and expertise. Some of the best professions in Portugal include:

    Technology

    The tech industry in Portugal is growing rapidly, and there is a high demand for skilled professionals in areas such as software development, artificial intelligence, and cybersecurity.

    Renewable Energy

    Portugal has set ambitious goals for renewable energy, and there are many job opportunities in areas such as solar and wind power.

    Healthcare

    With an aging population, there is a high demand for healthcare professionals in Portugal, including doctors, nurses, and other medical specialists.

    Engineering

    Portugal has several large engineering firms, and there is a high demand for professionals with expertise in areas such as civil engineering, mechanical engineering, and electrical engineering.

    Tourism and Hospitality

    Tourism remains an important industry in Portugal. There are job opportunities in areas such as hotel management, restaurant services, and tour guiding.

    It is worth noting that competition for jobs can be tough, particularly in popular urban areas like Lisbon and Porto.

    English and Portuguese

    It is important to be fluent in English and Portuguese.

    tags: job in portugal, work in portugal ...

  • The real estate market in Portugal has been growing

    The real estate market in Portugal has been growing steadily in recent years, particularly in major cities such as Lisbon and Porto. There has been a significant increase in demand for properties in Portugal, with many foreign buyers, including Europeans, Americans, and Chinese, looking to invest in the country’s real estate market.

    The Portuguese government has implemented several measures to attract foreign investors, such as the Golden Visa program, which provides residency permits to non-EU citizens who invest in Portuguese property. This program has been particularly popular among Chinese investors.

    In terms of prices, Portugal’s real estate market is relatively affordable compared to other European countries. The average price per square meter in Lisbon, for example, is around €3,000, which is significantly lower than cities like Paris and London.

    Despite the growing demand for properties in Portugal, there are still opportunities to find good deals, particularly in rural areas or smaller cities. However, it’s important to work with a reputable real estate agent or lawyer to ensure that you are making a sound investment and that all legal requirements are met.

    Overall, the real estate market in Portugal is considered to be stable and growing, with opportunities for both local and foreign investors.

    Adriano Martins Pinheiro, lawyer in Portugal

    tags: real estate portugal, houses portugal, apartment portugal, rent portugal .

  • How to apply for a digital nomad visa in Portugal | Remote work

    Visa for digital nomad in Portugal

    This visa is designed for people who work remotely and earn income outside of Portugal.

    Below is a list of the main documents:

    GENERAL REQUIREMENTS

    • National Visa application filled and duly signed by applicant (For minors and incapacitated, forms should be signed the legal guardian) 2 Photos, even, passport type, recent and in good condition to identify the applicant (1 for this form).
    • Passport or other travel document, valid for 3 months after the estimated date of return.
    • Proof of regular situation in case of residence in a country other than the country of current nationality, which must be valid 3 months after the estimated date of return.
    • Valid travel insurance, covering necessary medical expenses, including urgent medical assistance and possible repatriation.
    • Criminal record certificate, issued by the competent authority of the country of the applicant’s nationality or of the country where the applicant has resided for over a year (except for applicants under sixteen), with the Hague Apostille (If applicable) or legalised.
    • Request for criminal record enquiry by the Immigration and Border Services (SEF) (Not applicable to minors under the age of sixteen).

    SPECIFIC DOCUMENTS

    In case of subordinate work, one of the following documents:

    • Work contract;
    • Declaration by employer confirming the labour link.

    In case of independent professional activity, one of the following documents:

    • Society contract;
    • Contract of services provision;
    • Document attesting the services provided to one or more entities.

    Proof of average monthly income for the last three months with a minimum value equivalent to four monthly minimum guaranty remuneration.

    We are a team of immigration lawyers in Portugal, experienced in applying for visas and residence permits.

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    tags: digital nomad, remot work, visa portugal residence permit, immigration lawyer .