Advocacia Portugal | Imigração

Autor: Pinheiro

  • British immigrants in Portugal after Brexit | Important considerations

    Here are some of the key changes that affected English immigrants in Portugal after Brexit:

    Residency Status: Before Brexit, as EU citizens, British nationals had the right to move freely and reside in Portugal without the need for a visa. However, after Brexit, British citizens are considered third-country nationals, and different residency rules now apply.

    Residency Registration: British citizens who were already living in Portugal before December 31, 2020, could apply for residency under the Withdrawal Agreement until June 30, 2021. This agreement allows them to continue living and working in Portugal with similar rights as before.

    New Immigration Rules: For British citizens who want to move to Portugal after December 31, 2020, new immigration rules apply. They may need to apply for a visa or a residence permit depending on their purpose of stay (e.g., work, study, retirement).

    Freedom of Movement: British citizens no longer have the right to freedom of movement within the EU. This means they may face additional border checks and visa requirements when traveling to other EU countries from Portugal.

    Driving Licenses: British nationals living in Portugal may need to exchange their UK driving licenses for Portuguese ones, depending on the validity period and local regulations.

    It’s important for English immigrants in Portugal or those considering moving there to stay informed about the latest immigration and residency requirements, as well as any updates to agreements between the UK and the EU. The situation can evolve, so seeking advice from official government sources or legal experts is essential to ensure compliance with the current regulations.

    Adriano Martins Pinheiro is a lawyer in Portugal

    tags: brexit, portugal, england, british immigrants .

  • Why are Americans immigrating to Portugal?

    As of my last update in September 2021, several factors have contributed to the increasing number of Americans immigrating to Portugal:

    Quality of Life: Portugal is known for its high quality of life, with a pleasant climate, beautiful landscapes, and a relaxed lifestyle. Many Americans are attracted to Portugal’s slower pace of life and the opportunity to enjoy a comfortable and affordable lifestyle.

    Cost of Living: Portugal generally offers a lower cost of living compared to many major cities in the United States. Housing, healthcare, and everyday expenses can be more affordable, making it an appealing destination for retirees and digital nomads.

    Residency Programs: Portugal has introduced several attractive residency programs that appeal to Americans seeking to live or retire in Europe. The Non-Habitual Resident (NHR) tax regime, the Golden Visa program, and the D7 visa (for retirees and those with passive income) are some of the initiatives that facilitate obtaining residency in Portugal.

    Safety and Stability: Portugal is considered one of the safest countries in Europe. Its political stability, low crime rates, and welcoming atmosphere make it an appealing destination for those seeking a secure place to live.

    Language: English is widely spoken, especially in urban areas and among the younger population. This makes it easier for English-speaking Americans to adapt and communicate in Portugal.

    Education and Healthcare: Portugal offers a good standard of education and healthcare, which can be important considerations for families and retirees.

    Cultural and Historical Appeal: Portugal’s rich history, diverse culture, and vibrant arts scene attract individuals with an appreciation for heritage and cultural experiences.

    If you’re considering immigrating to Portugal or any other country, it’s essential to conduct thorough research, understand the legal requirements, and consider personal preferences and priorities before making such a significant decision.

    In Portugal, it is safer to seek advice from specialist immigration lawyers. By law (Law of Own Acts), only lawyers can provide legal advice. Furthermore, the immigration system can become confusing and risky. The lawyer, as a professional registered with the Portuguese Bar Association, is someone qualified, responsible and safe to advise immigrants.

    Adriano Martins Pinheiro is a lawyer in Portugal, writer and teacher of online courses. The law firm consults online for all countries.

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    tags: lawyer in portugal, immigration, immigrants, legal advice .

  • Portuguese from Portugal | History and curiosities

    The official language of Portugal is Portuguese

    Portuguese was the 6th most spoken language in the world by the number of native speakers. It is estimated that there were around 215 to 220 million native speakers of Portuguese at that time.

    Brazil is the country with the most Portuguese speakers in the world

    Brazil is the country with the most Portuguese speakers in the world. It has the largest population of native Portuguese speakers and is the most populous country among the Lusophone countries. Brazil alone accounts for the majority of the total number of Portuguese speakers globally, with over 200 million native speakers.

    The history between Portugal and Brazil

    Brazil was colonized by Portugal in the 16th century. The Portuguese first arrived in the territory in 1500 and established settlements. Over time, they developed a strong presence and influence in the region, leading to the widespread adoption of the Portuguese language.

    Differences between Portuguese from Portugal and Portuguese from Brazil

    There are differences between Portuguese from Portugal and Portuguese from Brazil. While both variants are based on the same language, they have evolved differently over time due to historical, cultural, and geographical factors.

    Portuguese from Portugal is also known as European Portuguese.

    Students say it’s easier to learn Brazilian Portuguese

    Some learners may find Brazilian Portuguese slightly easier to understand for a few reasons:

    Pronunciation: Brazilian Portuguese tends to have clearer and more open vowel sounds compared to certain variations of European Portuguese. The pronunciation of some words may be more straightforward for learners.

    Melodic Quality: Some learners find Brazilian Portuguese to have a more melodic and sing-song quality, which can make it easier to follow along and identify word boundaries.

    Exposure: Due to Brazil’s large population and significant cultural influence, learners may have more exposure to Brazilian Portuguese through music, movies, and television, making it feel more familiar.

    Informal Language: Brazilian Portuguese often incorporates informal language and expressions, which can be more relatable and accessible for learners.

    Learner-Friendly Resources: Brazilian Portuguese has a wide range of learner-friendly resources, including textbooks, apps, and online courses, which can support language acquisition.

    Author: Adriano Martins Pinheiro is a lawyer in Portugal, with offices in Porto and Guimarães. In addition to being a lawyer, he is a writer and professor of online courses.

    tags: learn portuguese, portugal, language, idiom, brazil, brazilian .

  • How to obtain a Certificate in international format in Portugal?

    Certificate in international format in Portugal

    The certificate in international format is intended for use abroad, has a multilingual format and is issued in the models approved by the International Convention on the Issuance of Multilingual Certificates of Civil Registry Acts, approved by Government Decree No. 34/83 of May 12.

    When issuing the certificate in international model, the person concerned does not need to provide a translated and certified birth certificate. If he or she wishes, the person concerned may apply for the certificate to be apostilled so that it can be used in any country that is a member of the Hague Convention.

    As a rule, certificates in Portugal are associated with a birth, marriage or death certificate.

    Our office does document certification, apostille and translation.

    How to request a certificate in Portugal?

    Portuguese civil registration certificates can be issued in Portugal in three different formats: narrative, full copy and international model.

    Narrative certificate

    Narrative certificates narrate the content of the seat in a synthetic way. It mentions the elements extracted from the text of the entry, combined with the changes introduced by the entries in the margin.

    Full copy certificate

    Full copy certificates transcribe the entire text of the seating to which they relate and its amendments.

    Adriano Martins Pinheiro, lawyer in Portugal

    tags: certidão, portugal, assento, certidão em modelo internacional, multilíngue, inglês, francês, espanhol, português .

  • Sworn translator in Portugal (certified translation)

    Sworn translator in Portugal (certified translation)

    A lawyer registered with the Portuguese Bar Association has notarial powers to certify the translation.

    “Sworn translator” or “certified translation”?

    In Portugal it is very common to use “certified translation”. The lawyer registered with the Portuguese Bar Association (OA) has notarial powers to certify the translation. This certification can be apostilled. With the apostille, the document can be used abroad. Therefore, there is no sworn translation or sworn translator in Portugal.

    How is a certified translation made? Example

    The client needs a criminal record certificate from Portugal, translated into English:

    In this case, the lawyer:

    a) arranges for the dispatch of the criminal record certificate;

    b) makes the translation of said certificate;

    c) certifies the translation; and

    d) apostille the certification.

    With these steps, the client will be ready to use the document abroad.

    Similarly, it is common to certify the translation of the birth certificate, marriage certificate, death certificate, etc. The steps are the same.

    Sending abroad

    Once the translation has been certified and apostilled, the document must be sent abroad. Once you have the documents, you just need to calculate the weight and distance and get a quote from the courier company (we use DHL).

    What is a sworn translator?

    Even though Portugal does not have sworn translators, we will answer the question:

    “Sworn translators” (tradutor juramentado) is a term used in Portuguese, particularly in Brazil and Portugal, to refer to a “sworn translator” in English. A sworn translator is a professional translator who is authorized and recognized by the government or a relevant authority to provide official and legally recognized translations of documents.

    The term “juramentado” comes from the Latin word “juramentum,” which means oath. When a translator becomes “juramentado” or “sworn,” they take an oath before a competent authority, such as a court or a notary public, to faithfully and accurately translate documents from one language to another. This oath signifies their commitment to uphold the highest standards of accuracy and ethics in their translation work.

    The services of a sworn translator are often required for the translation of legal documents, such as birth certificates, marriage certificates, academic transcripts, contracts, and other official paperwork that needs to be presented to government agencies, courts, educational institutions, or other official entities.

    The status of a “tradutor juramentado” varies from country to country, and the requirements for becoming one can also differ depending on the jurisdiction. However, in general, they are recognized as experts in their field and play a crucial role in facilitating communication across language barriers in legal and official matters.

    Adriano Martins Pinheiro
    Immigration lawyer in Portugal, with more than 12 years’ experience in the legal profession and consultant on visas and residence permit.

    tags: sworn translation, sworn translator, translation certification, lawyer, portugal, notary, notariado, how, when, why, where .

  • Visa for Portugal from usa

    Visa for Portugal from usa | Portugal visa for us citizens | How to get Portugal Visa

    We are a team of experienced immigration lawyers in Portugal. We work with visa analysis and various types of foreigner needs in Portugal. We are based in Portugal, but we provide online services worldwide.

    Determine the visa type: The first step is to identify the type of visa you need based on the purpose of your visit. Portugal offers various visa categories, including short-term visas for tourism, business, or family visits, and long-term visas for study, work, or residence.

    Gather necessary documents: Once you know the visa type, collect the required documentation. Commonly needed documents include a valid passport, completed visa application form, passport-sized photos, proof of travel arrangements, accommodation details, travel insurance, financial proof (such as bank statements), and supporting documents specific to the visa type (e.g., invitation letter, work contract, student enrollment letter).

    Make an appointment: Check with the Portuguese consulate or embassy in the United States to see if an appointment is necessary for visa submission. Many consulates require prior appointments to avoid long wait times.

    Attend the visa interview: On the scheduled date, attend the visa interview at the Portuguese consulate or embassy. During the interview, be prepared to answer questions about the purpose of your trip and provide additional information if requested.

    Pay the visa fee: Each visa type may have different fees, and they are subject to change. Ensure you pay the correct amount at the time of application submission.

    Wait for processing: The processing time for Portuguese visas can vary depending on the type of visa and other factors. Be sure to apply well in advance of your intended travel date to allow sufficient processing time.

    Wait for a decision: After submitting your application and attending the interview, wait for a decision on your visa. If your visa is approved, you will receive it affixed to your passport.

    Adriano Martins Pinheiro
    Immigration lawyer in Portugal, with more than 12 years’ experience in the legal profession and consultant on visas and residence permit.

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    tags: united states, visa, portugal, sef, appointment, us, usa, apply, how, when, how much, how long .

  • How to get an appointment at SEF Portugal? Is there slots?

    Getting assistance from SEF Portugal (APMA) is a big challenge. Thousands of people are suffering various kinds of inconveniences because they cannot get assistance and do not know when and how they will get it.

    In some cases, the only solution is to hire a lawyer experienced with immigration issues in Portugal and with the functioning of SEF (APMA). But, as a rule, the lawyer will only be able to act, after the immigrant manages (himself) to make the appointment with SEF. In these cases, the lawyer is available to accompany the client on the day of the appointment, make a checklist of documents and also make formal requests about information in the process.

    If the only way to get an appointment at SEF is through the call center, there are no solution options for the lawyer. In other words, the lawyer will also need to call the same phone number to try to get an appointment. Unfortunately, there is no differentiated path for lawyers. There is only one call center for everyone (lawyers and general public). This is not correct, as Portuguese legislation determines that there is a priority of service for lawyers. But if the only option is to call the call center, the law is ignored.

    Another common problem is that there are no appointment slots. For example, it is common that there are no vacancies for family reunification. Therefore, even if the person gets the service through the call center, this person will receive the information that there are no vacancies for scheduling. In addition, there is never any sure information about when there will be vacancies. The only option is to suffer the anguish of uncertainty.

    Important

    When the immigrant gets an appointment with SEF, the lawyer can offer services such as: monitoring the day of the personal interview, monitoring the residence permit process or making requests for progress and / or clarifications about the process.

    Digital platform

    For some specific cases, the only way for the immigrant to receive assistance is to make the request through a digital platform. For example, for the automatic renewal of the residence permit, the only way is to apply online (SEF digital platform). There is no option to make an appointment by phone. In addition, this digital platform has not been working well either. Currently, the validity of residence permits is expiring, before the immigrant can renew the residence permit online. We know that there is a decree in Portugal that extends the expiration date of the documents. But, this is a long debate that will be left for another time.

    New numbers for the SEF Call Center
    217 115 000 (SEF landline)
    965 903 700 (SEF cell phone)

    Adriano Martins Pinheiro
    Immigration lawyer in Portugal, with more than 12 years’ experience in the legal profession and consultant on visas and residence permit    .

    sef, sef sapa, sef scheduling, sef cplp, sef contact, sef online, sef porto, online renewal, automatic renewal .

  • 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 .