Advocacia Portugal | Imigração

Autor: Pinheiro

  • Expression of Interest | Residence permit for self-employed workers without a residence visa

    Expression of Interest | Residence permit for self-employed workers without a residence visa

    residence permit for self-employed workers without a residence visa | Article 89, paragraph 2 | Expression of Interest | Manifestação de Interesse

    Expression of Interest (Portuguese: Manifestação de Interesse)

    The expression of interest is preferably submitted through the electronic platform (SAPA Portal) and the application is submitted personally on a standard form signed by the applicant or his/her legal representative and may be submitted at any SEF’s directorate or regional delegation, which, after proceedings and decision, will forward it to the directorate or regional delegation of the applicant’s area of residence.

    DOCUMENTS REQUIRED

    Necessary documentation as follows:

    • Passport or any other valid travel document;
    • Evidence of regular entry in Portuguese territory (holder of a valid visa, when required, or entry into Portugal within the period of the visa waiver);
    • Evidence of sufficient means of subsistence, as per the provisions of Order Number 1563/2007, of 11 December (read below: green receipts);
    • Extract from the criminal record from the country of origin;
    • Extract from the criminal record from the country of residence for more than one year (when not Portugal);
    • Permission for SEF to check portuguese criminal record;
    • Evidence that the applicant has adequate accommodation;
    • Evidence of having registered with the Social Security
    • Evidence of registration in the tax authority;
    • Evidence of having set a company according to the law, having declared the starting up of a business within the tax administration and social security as a legal person; OR
    • Contract for services for the carrying out of a liberal profession and statement by the professional association with evidence of the registration (whenever applicable); OR
    • Green Receipt (Recibo Verde)

    Recibo Verde (Green Receipt)

    You can make the expression of interest (manifestação de interesse), through green receipts. In that case, you don’t need a contract. It is good news for many people.

    In addition, green receipts are useful to prove your income, that is, what in Portugal is called subsistence (Portuguese: Subsistência).

    In Portugal, green receipts are used as invoices, receipts, or invoice-receipts that self-employed workers are required to issue anytime they offer a service to a customer or sell products.

    To issue a green receipt, you must request an authorization from the Portuguese Tax Authority. After that, you can issue the receipts through the Finance website and print them.

    Adriano Martins Pinheiro is a Lawyer in Portugal.

    With information of from the Foreigners and Borders Services – SEF

  • PERSONAL INCOME TAX (IRS) IN PORTUGAL

    PERSONAL INCOME TAX (IRS) IN PORTUGAL

    PERSONAL INCOME TAX (IRS) | PORTUGAL

    Personal income tax (IRS) applies to the income of citizens resident in Portuguese territory and non-residents who earn income in Portugal.

    The tax is determined with reference to the income earned, the corresponding rate being applied according to the relevant band and taking the deductions laid down by law into account (e.g. education or health expenditure).

    IRS is calculated individually, but couples and civil partnerships can opt to file jointly. In this case, tax is charged on the total revenue of the persons in the household.

    The information in this section is organized as follows:

    • IRS and tax address
    • tax residents
    • non-habitual resident (special status)
    • filing the IRS return
    • payment of taxes
    • cross-border workers
    • pensioners
    • conventions to avoid double taxation

    IRS AND TAX ADDRESS

    Before filing your tax return, ensure that all information relating to your current situation is correctly entered on the website of Tax and Customs Authority (Autoridade Tributária e Aduaneira, AT), the body responsible for finance and for processing IRS.

    This applies in particular to reporting your tax address, the address considered to be your official residence. Keeping your tax address up-to-date is not only a statutory requirement but is also very important: to obtain tax advantages (e.g. exemption from municipal real estate tax (Imposto Municipal Sobre Imóveis)) and to avoid possible penalties (fines of up to EUR 375).

    If you move house on a temporary or permanent basis, you must change your address on your Citizen’s Card, since by changing the address on this card you are changing your tax address. Changing your tax address is a statutory requirement that can be completed online on the AT portal.

    TAX RESIDENTS

    If you are thinking of living or working in Portugal you must fulfil one of the following conditions to obtain a tax address in Portuguese territory:

    • remain for over 183 days, whether consecutive or not, within a 12-month period, beginning or ending in the year in which you request a tax address
    • have accommodation (your own or rented) that you intend to maintain and occupy as your habitual residence, on any day in the
    • period referred to in the preceding point
    • be a member of the crew of a vessel or aircraft providing a service to bodies domiciled or based in or actually managed from Portugal
    • perform public functions or commissions abroad, at the service of the Portuguese State, including functions of a Member of the European Parliament
    • have Portuguese nationality but a tax residence in another country, territory or region, subject to a tax regime which is appreciably more advantageous, and which is on the list approved by the Portuguese tax authorities.

    NON-HABITUAL RESIDENT (SPECIAL STATUS)

    There is a special income tax scheme for foreign citizens who intend to come to live in Portugal or for nationals who are living outside the country and wish to return: non-habitual resident status.

    This special status applies to non-residents in Portugal who have not been taxed as tax residents in the 5 years prior to the application for the status, and it includes certain tax advantages, such as a lower rate of IRS, if the activity is considered to be high value added (list of activities in these circumstances).

    To apply for this status, citizens must register as resident in Portugal. See the Tax and Customs Authority portal for further information on the conditions required to obtain this status and the registration procedures for paying taxes.

    The AT site also provides a tax guide for Portuguese communities resident abroad, which also includes relevant information on the international taxation of income.

    FILING THE IRS RETURN

    Who is required to submit the IRS return

    People who receive income from employment, business, professional work, capital, property, assets and pensions in Portugal are required to declare such income. In certain situations, however, citizens are exempted from filing the IRS return.

    The IRS return must be submitted by:

    • citizens resident in Portuguese territory – the income of all members of the household is taken into consideration, including income obtained outside Portuguese territory
    • non-resident citizens – only for income obtained in Portuguese territory which has not been subject to deduction at source.

    Who is exempted from submitting the IRS return

    In the year to which the tax relates, citizens who have only received the following, whether separately or concurrently, are exempted from submitting the IRS return:

    income taxed by withholding taxes

    • employment income or pensions (total value up to EUR 8 500; for maintenance allowances, the limit is EUR 4 104)
    • subsidies or grants under the Common Agricultural Policy (annual value of EUR 1 743.04, corresponding to four times the value of the social support index (Indexante de Apoios Sociais, IAS) for earnings from employment or pensions, the amount may not exceed EUR 4 104)
    • ‘isolated act’ (ato isolado) (annual value of EUR 1 743.04, corresponding to four times the value of the IAS).

    Exemption from filing the IRS return does not include citizens who opt for joint taxation, who receive temporary and lifelong annuities which are not intended for paying pensions, who receive income in kind and who receive maintenance allowances of a value in excess of EUR 4 104.

    Confirmation of invoices

    By 25 February each year, check that your invoices and receipts have been duly submitted by economic agents, record or supplement the invoices and ensure that invoices are entered in the appropriate expenditure section on the Tax Portal.

    A password may also be requested from the Tax Portal, via the ‘Register’ option, by completing the application form with your personal data. It will subsequently be sent by post to your tax address, within an estimated period of 5 working days.

    Deadline for filing the return

    Citizens must submit an annual return relating to income for the preceding year and other information relevant to their tax situation.

    The deadline for submission of the IRS return is from 1 April to 30 June, irrespective of whether the latter is a working day or not. It is obligatory to file the return online via the Tax Portal.

    Taxation of taxpayers who are married or in civil partnerships

    As a general rule, taxpayers who are married or in civil partnerships file an individual tax return in which they must include 50% of the income of dependents who form part of the household.

    As already stated, however, a couple may opt for joint taxation, submitting a single IRS return which includes all income obtained by all members of the household. This option is valid only for the year concerned, i.e., in each year they may choose whether to file their tax return individually or jointly.

    Automatic tax return

    On the Tax Portal, the Tax and Customs Authority provides a provisional tax return and the corresponding provisional assessment, i.e., the estimated amount to be paid or received. The user must verify whether the provisional return corresponds to their tax situation and to their household.

    The automatic tax return is available for taxpayers who meet the following conditions:

    • they are resident in Portugal throughout the whole year
    • they do not have non-habitual resident status
    • they receive income only in Portugal
    • they receive income only from categories A (employment) and/or H (pensions)
    • they have not paid maintenance allowances
    • they are not entitled to deductions for paying maintenance allowances, for people with disabilities, for international double taxation, for other tax benefits and in addition to municipal real estate tax
    • they do not receive tax benefits except for pension savings schemes and sponsorship (provided they do not have as yet unpaid debts)
    • they do not have additions to income through failure to comply with conditions for tax advantages.

    Tax return (model 3)

    To file your tax return you must:

    • bring all the relevant documents together
    • log in to the Tax Portal
    • for authentication purposes, insert your NIF (tax identification number) and password for access to the tax portal, or authenticate yourself with your Citizen’s Card or the Digital Mobile Key
    • select File Return > IRS > Complete
    • obtain a pre-filled statement, check whether all the data are correct and correct them if necessary
    • use the ‘Validate’ button to see whether the statement has errors and correct them
    • use the ‘Simulate’ button to obtain the provisional calculation of the tax to be paid (to receive: rebate; to pay: payment statement; or nil)
      retain, if you wish, the information completed under ‘Record’
    • submit the statement using the ‘File’ button
    • take note of alerts, if any (they do not prevent submission of the return)
    • you can check the progress of the return under the ‘Consult return’ option, when you receive an e-mail from the AT stating that the return has been validated
    • correct the return using the ‘Correct’ option, if it contains central validation errors; the time-limit for correcting such errors is 30 days; if the corrections are not made within the time-limit indicated, the statement is regarded as void.

    PAYMENT OF TAXES

    Tax must be paid by 31 August of the year in which you filed your tax return, if the amount to be paid or received, i.e. the assessment, has been made by 31 July, or by 31 December, when the assessment is made by 30 November.

    There are various ways to pay taxes if you are in Portugal, but they can also be paid if you are abroad.

    If you have a tax payment statement and are not financially able to pay within the time period established, you can apply to pay by instalments in simplified form, provided you meet the conditions and fulfil the necessary requirements.

    Debts of a value equal to or below EUR 5 000 can be paid in a maximum of 12 instalments, without providing a guarantee, provided you do not have other debts with the Tax Authority.

    You must submit the application for payment by instalments electronically, via the Tax Portal, within 15 days of the time-limit for payment on the payment statement.

    Complaints and appeals in the tax assessment procedure
    In the event of an error in paying (assessing) individual income tax, you can apply for total or partial annulment within 120 days by means of an administrative appeal on the Tax and Customs Authority portal.

    You can consult the legislation with the applicable articles of the tax procedure code regarding the legal forms available for submitting an administrative appeal.

    CROSS-BORDER WORKERS

    A cross-border worker differs from a migrant worker in that they live in one country and work in another, having a dual national relationship, i.e. a tax relationship with both countries.

    Avoiding dual taxation

    If you have settled in Portugal, the Tax and Customs Authority may regard you as a tax resident and tax you on all your earnings, irrespective of where they have been obtained.

    However, if you have not updated your tax address to Portugal your country’s Tax Authority will continue to consider you to be a tax resident, requiring you to declare all your income, irrespective of the country in which it was obtained.

    You are therefore in a situation of double taxation of income which may only be corrected after the fact.

    To correct your tax residence in this situation you must apply for a tax residence certificate from the Tax and Customs Authority portal (Your Services / Obtain / Certificates / Apply / Tax Domicile), and it may be necessary to present additional supporting information, since the Tax Authority’s records are not amended automatically.

    You can consult the list of countries with which Portugal has conventions to avoid double taxation on the AT portal.

    On the AT portal you will also find the convention to avoid double taxation entered into with Spain, which is the only convention that has a specific regulation for cross-border workers [Article 15(4)], and the forms applicable to that convention.

    Filing the IRS return

    Submission of the IRS return and procedures for making complaints and appeals against the tax procedure (IRS) are the same for cross-border workers as for national residents.

    PENSIONERS

    Tax residence

    The indications for updating the tax residence of pensioners who come to Portugal to live are the same as those for national residents.

    Non-habitual resident

    If you are a non-habitual resident, a status which includes pensioners, see the Tax and Customs Authority portal for further information on the conditions required to obtain such status and the registration procedures associated to payment of taxes.

    The AT site also provides a tax guide for Portuguese communities resident abroad, which also includes relevant information on the international taxation of income.

    IRS bands

    The tax rates applicable to pensioners correspond to the same bands as those for national tax residents.

    Submission of the IRS return and complaints
    For pensioners, the filing of the IRS return and procedures for bringing complaints and appeals against the IRS payment procedure are the same as those for national residents.

    CONVENTIONS TO AVOID DOUBLE TAXATION

    You can consult the list of countries with which Portugal has conventions to avoid double taxation on the AT portal.

    Each convention has its own article that deals with the income of artists and sports people and income arising from the exercise of public functions and from pensions, obtained in a State different from the State of residence.

    On the AT portal you will also find the convention to avoid double taxation entered into with Spain, which as previously mentioned is the only convention with a specific rule for cross-border workers [Article 15(4)], and the forms applicable to that convention.

    Home

    https://eportugal.gov.pt/

  • NIF number in Portugal | What it is | How to get

    NIF number in Portugal | What it is | How to get

    We are going to talk about the Tax Identification Number in Portugal. It’s what we call the NIF here in Portugal.

    For anything and everything in Portugal, you need to have the NIF.
    So, Getting the NIF should be the first step.

    We need the NIF to study, work, start a business, bank account. Anyway, everything.

    The topics for this video are:

    • How to get your tax identification number in Portugal?
    • What is NIF?
    • Where to get the NIF?
    • What is the tax representative?
    • Necessary documents.

    What is NIF?

    You will hear people saying “NIF” to refer to the tax number.
    The translation of tax identification number in Portuguese is “Número de Identificação Fiscal”.

    Therefore, NIF are the initial letters, in Portuguese, of this document (acronym).

    I think it’s important to explain this, because you will often hear about the documents in Portuguese. So, you better get used to the pronunciation.

    Nobody will tell you: What is your tax identification number. People will say: What is your NIF?

    So, remember that: NIF, Número de Identificação Fiscal and Número de Contribuinte are the same thing. Its the tax identification number (in english).

    Where to get the NIF?

    You can go to the place called “Finanças”. To put it simply, Finanças is like a tax collection service.

    If you can’t go in person, you can give someone a power of attorney. This way, you will have your NIF in the same way.

    There are two options for you to go in person. You can go to a Finanças address or a citizen’s store.

    The name of this place (citizen´s store) in Portuguese is Loja do Cidadão. In English, the translation can be Citizen’s Store.

    The purpose of the citizen’s store is to bring together all public services in the same place.

    By the way, at the Citizen’s Store you can also find the Foreigners and Borders Service (the SEF), Social Security and other important public services.

    But, our subject here is NIF. So, let’s go.

    What is the tax representative?

    You need a tax representative to get your NIF.

    This is perhaps the hardest part for most people.

    The tax representative must personally go to Finanças to represent you.

    It is possible for you to give a power of attorney so that someone can do everything for you, including tax representation. In that case, you don’t have to go in person.

    Necessary Documents

    Now let’s present the list of required documents. It’s not too complicated.

    You must submit:

    • A civil identification document or other legal equivalent document;
    • A document containing the address abroad;
    • The representative’s tax identification document;
    • The representative’s civil identification document.
    • Declaration and power of attorney, if applicable.


    Adriano Martins Pinheiro is a lawyer in Portugal.

  • Purchase and sale of real estate in Portugal

    Purchase and sale of real estate in Portugal

    If you want to buy or sell a property (e.g. a house, building or plot of land) in Portugal, you must comply with a number of legal obligations. From the offer to purchase agreement to the signing of the deed, taxes and insurance, there are a number of procedures to be followed.

    FINANCING

    One option for buying a property is to get financing from a bank. This involves obtaining a mortgage from one of several credit institutions (e.g. banks). The Bank of Portugal website has a dedicated page that helps you to compare the best options offered by the different credit institutions.

    Pricing and valuation of the property

    In Portugal, the value of a property is defined by the seller. If necessary, a valuation may be requested from a property specialist or advisor. When buying with credit, this valuation is normally carried out by the bank as a condition for obtaining a loan.

    PRICING AND VALUATION OF THE PROPERTY

    You can get professional advice from an estate agent, accountant or lawyer on the purchase or sale of a property.
    The professional you choose can provide you with technical and legal support for the specificities of the Portuguese market.

    YOU MUST HAVE A TAX IDENTIFICATION NUMBER (TIN) TO BUY A HOME IN PORTUGAL

    The TIN is simply a tax and customs number that can be requested by citizens at any time, allowing you to comply with the payment of taxes on the purchase or sale of a property.

    You can apply for a TIN from the Tax and Customs Authority.

    LEGAL DOCUMENTS RELATING TO A PROPERTY

    In order to start the process of buying the property, you need to ensure that all legal documentation is correct. It is important to check the following documents:

    • Property Description Document – Document issued by the Tax and
    • Customs Authority containing the details of the property
    • Abstract of title or Title search – Document issued by the Property
    • Registry containing information on the location and composition of the property and the owners
    • User Licence – Document issued by the respective Municipal Authority indicating whether the property has been inspected and is legally compliant
    • Energy Certificate – Document issued by the National Energy Agency indicating the energy efficiency of the property
    • Building Data Sheet – Document indicating the main technical and functional characteristics of the property
    • Declaration of non-debt to the condominium – Document ensuring that there are no debts to the condominium

    OFFER TO PURCHASE AGREEMENT

    While buying a property, you may sign an offer to purchase agreement, but it is not compulsory. It is a document, duly authenticated by the seller and buyer, that sets out the rights and obligations of the parties involved. It must contain the following details:

    • full name, civil status, civil identification number, tax identification
    • number and address;
    • property details;
    • information regarding any liens or encumbrances on the property;
    • purchase price, sale and form of payment;
    • amount given as a deposit;
    • the maximum time limit for concluding the final contract;
    • information on penalties in the event of failure to comply with the offer to purchase agreement.

    INSURANCE

    When you buy a property, you must take out insurance covering the risk of fire, flooding, theft and other damage and, possibly, coverage for adjoining common areas. Insurance coverage for adjoining common areas may be included in the monthly condominium payment.

    When you use a mortgage to buy a property, financial institutions require you to take out life insurance and multi-risk insurance. The property is used as a loan guarantee.

    When taking out insurance, it is important to take into consideration:

    • the coverage;
    • exclusions;
    • any excesses;
    • the amount of capital insured;
    • the premium paid.

    CHARGES AND TAXES ON A PROPERTY (INCLUDING PURCHASE AND SALE)

    Owning, buying or selling a property involves costs, where the tax component depends on your intentions.

    Taxes payable on the purchase of a property

    1. Municipal Property Transfer Tax (IMT) is calculated on the basis of the value set out in the deed or the taxable value of the property. It is levied on the higher of the two and depends on the location of the property (mainland or autonomous regions of Madeira or the Azores), its intended use (whether it is for your own permanent dwelling or a second home) and how it will be used (for housing, commerce, etc.). Specific cases of exemption from the payment of IMT are provided for by law.

    2. Stamp duty (IS) is a tax levied on all transactions and contracts (deed and mortgage, if there is one). When buying a property, stamp duty of 0.8% is payable on the higher value between the acquisition price or the taxable value of the property. This tax must be paid by the buyer before the conclusion of the contract of sale.

    3. Municipal Property Tax (IMI) applies to the taxable value of the property for urban and rural buildings. Each municipality is free to set its own rate for this tax. (Specific cases of exemption from the payment of IMI are provided for by law).

    4. Personal Income Tax (IRS), where the purchase of the property takes place with money from the sale of another property, and this transaction has led to capital gains.

    Exemptions from payment of taxes on the purchase of property
    There are cases of exemption from payment of taxes, previously established by law, on the purchase of a property. Check when this is possible:

    • Municipal Property Transfer Tax (IMT);
    • Municipal Property Tax (IMI).

    Taxes payable on the sale of a property

    In the case of sale of a property, you always have to report the sale to the Tax Authority, and if there is a positive difference between the purchase price and the sale price of the property, it generates capital gains, which will be taxed.

    HOW TO FINALISE THE PURCHASE

    Signing the deed for the property

    The deed for the property is finalised when you sign a contract formalising the buyer as the legal owner of the property, either by means of a document drawn up at a notary office, a lawyer, a One-Stop Shop at a Property Registry or a Casa Pronta office (see below). It could also be via a certified private document, which is then legally communicated.

    The documentation required is as follows:

    • Civil and tax identification documents of the parties involved;
    • Abstract of title of all annotations and descriptions in effect;
    • Urban Property Description Document or application for registration of the property in the register (Model I of IMI), issued by the Tax and Customs Authority;
    • User licence (in the case of buildings built after August 1951);
    • Building Data Sheet (if the user licence was issued after 30 March 2004);
    • Infrastructure Certificate (if property has a Plot Partitioning License registered since 1992, without provision of security and is the first transmission);
    • Energy and Indoor Air Quality of Buildings Certificate;
    • proof of payment of IMT;
    • proof of payment of stamp duty;
    • declarations Exercising the Right of Preference (if any);
    • toponymic certificate (if any);
    • a statement of the outstanding amounts of the loan for purposes of paying the loan (if any);
    • offer to purchase agreement;
    • declaration of payment of IMI (Municipal Property Tax).

    Once the public deed has been signed, the purchase must be registered at the Property Registry.

    E-Portugal

    Home

    .

  • Dicas sobre modelo de procuração em Portugal | Código Civil Português

    Dicas sobre modelo de procuração em Portugal | Código Civil Português

    Definição de procuração

    Procuração é o acto pelo qual alguém atribui a outra pessoa, voluntariamente, poderes de representação. A palavra procuração é também utilizada para designar o próprio documento.

    O artigo 262, 1, do Código Civil Português define a procuração. Vejamos abaixo:

    “Diz-se procuração o acto pelo qual alguém atribui a outrem, voluntariamente, poderes representativos”.

    Como deve ser a procuração?

    A procuração tem diferentes formas, de acordo com o tipo e circunstância da representação. Portanto, se a procuração for para uma representação de casamento terá uma forma, se for para a representação em uma negociação de imóveis terá outra forma.

    O número 2, do mesmo artigo 262, do Código Civil Português trata do assunto relacionado à forma exigida:

    “Salvo disposição legal em contrário, a procuração revestirá a forma exigida para o negócio que o procurador deva realizar”.

    Os poderes da procuração

    No início afirmamos que a procuração é o acto pelo qual alguém atribui a outra pessoa poderes de representação. Portanto, você deve se perguntar quais poderes você está transmitindo ou recebendo. Os limites e a extensão dos poderes são o mais importante em uma procuração. Portanto, tenha atenção.

    Dicas acerca do modelo de procuração

    Em muitos casos, uma boa solução é pedir o modelo (formulário) de procuração para quem a receberá. Por exemplo, as empresas que fornecem energia ou água costumam ter um modelo de procuração específico. Nesse caso, basta o requerente inserir seus dados.

    Por outro lado, os consulados e embaixadas também costumam fornecer modelos de procuração. Seguir tais modelos evita transtornos.

    Por fim, instituições públicas como o Serviço de Estrangeiros e Fronteiras de Portugal (SEF) e as Conservatórias também possuem seus modelos de procurações disponíveis online e pessoalmente.

    Conclusão

    Verifique todos os dados pessoais de quem atribui os poderes e de quem os recebe. Tenha atenção também se há a necessidade de prazo na procuração.

    Como já dito, tenha muita atenção aos poderes gerais e especiais da procuração, pois este é um dos principais motivos em que uma procuração é rejeitada ou considerada inútil.

    Adriano Martins Pinheiro é advogado em Portugal e no Brasil, escritor e palestrante

    https://www.pgdlisboa.pt/home.php

  • Portuguese citizenship for those who have been legally resident for at least 5 years

    Portuguese citizenship for those who have been legally resident for at least 5 years

    Portuguese citizenship | legally resident | at least 5 years

    If you have lived as a legal resident in Portugal for at least five years, you can apply for citizenship, provided you have sufficient knowledge of the Portuguese language and have active ties to the Portuguese community. In addition, the applicant cannot have felony convictions with a prison sentence of three or more years.

    Applicants for citizenship must present the following documents:

    • legal document that proves legal residence in Portugal (minimum of five years).
    • a birth certificate;
    • proof of proficiency in the Portuguese language (or course approved by the Portuguese Government);
    • current passport;
    • circumstances relating to the current residence permit;
    • current home location and a list of nations of previous residence;
      a criminal history record.

    Remember that after five years of legal residence, the applicant is entitled to apply for both a permanent residence permit and citizenship. Therefore, the applicant can choose to make both requests or just one of them.

    Permanent Residence Permit

    Documents required

    The application for the long-term resident status is submitted by scheduling, delivered in person on a model form duly signed by the applicant or his/her legal representative, and may be submitted by the person itself in any directorate or regional delegation of SEF, which can forward it, after assessment and decision, to the directorate or regional delegation of the applicant’s area of residence.

    It should be accompanied as follows:

    • Two identical passport photographs, in colour with blank background, updated and in favourable conditions for identification;
    • Valid travel document or a certified copy;
      Supporting evidence of stable and regular resources, sufficient for his/her own subsistence and his/her relatives, without resorting to the welfare subsystem, as provided in Order n.º 1563/2007, of 11/12;
      Supporting evidence of accommodation;
    • Authorisation for consultation of the criminal record;
      Supporting evidence of compliance of tax obligations and to social security;
    • Holder of a temporary residence permit for at least five years.

    Supporting evidence of knowledge of basic Portuguese, by means of submitting the following:

    • Certificate of eligibility issued by an official Portuguese teaching establishment or private or corporative teaching establishment recognised by law, or
    • In case of a person having attended an official teaching establishment or private or corporative teaching establishment recognized by law in a Portuguese speaking country, by means of a certificate of eligibility issued by that teaching establishment, or
    • Certificate of completion of the course on Basic Portuguese issued by IEFP, or
    • Certificate of completion of the course on Basic Portuguese issued by an official teaching establishment or private or corporative teaching establishment recognized by law, or
    • Certificate of completion of Basic Portuguese, with the completion of a test in an Assessment Centre of Portuguese as foreign language (CAPLE), recognised by the Ministry of Education and Science; or, in addition
    • Certificate of completion of level A2, or higher, of the Course on Portuguese as Host Language, promoted by public teaching establishments, by the direct and participated managing centres network of Instituto do Emprego e da Formação Profissional, I.P., and by Centros Qualifica network (or other public and private entities with proven experience in working with migrants, with which those entities or ACM. IP hold protocols), under Order n.º183/2020, of 5 August.

    Author: Adriano Martins Pinheiro, lawyer in Portugal

  • Portugal | Nationality: Acquisition through Grandparents

    The Portuguese Government grants naturalization to those persons born abroad with, at least, an ancestor on the 2nd degree of the succession line of the Portuguese citizenship who has not lost such citizenship.

    How to do it/ necessary documents:

    Filled out application
    The signature must be authenticated by a notary public and its certification authenticated by Apostille.
    Birth Certificate of the applicant authenticated by Apostille and officially translated. This certificate must give evidence that the parents have recognized the applicant whilst he was underage.
    Birth Certificate of the Portuguese grandparent.
    Birth Certificate of the parent who is the child of the Portuguese grandparent. This certificate must give evidence that the grandparents have recognized the parent of the applicant whilst he was underage.
    For fees please see the following link.
    Document proving that the applicant has plenty knowledge of the Portuguese idiom. The evidence of knowledge of Portuguese can be given by presenting the following documents:
    Diploma issued by a Portuguese public or private school, under the terms of the Portuguese law.
    Certificate of approval in exam carried out by any of the institutions mentioned in item (a).
    Certificate of approval in exam issued by the Portuguese Consulates when the applicant was still living abroad. For this case, you can certify your proficiency in Portuguese Language registering in the exam provided by the Center of Evaluation of Portuguese Language (CAPLE), in order to receive the Initial of Portuguese as a Foreign Language (CIPLE). More info regarding the exam: http://caple.letras.ulisboa.pt/pages/view/11. There are many centers in the USA where you can take the exam: Washington DC, Boston, Newark, Berkeley (San Francisco). The exams take place in May and November.
    Certificate of proficiency in Portuguese as foreign language issued by one of the accredited Portuguese evaluation centres.
    In case of someone who has studied in a public or private school in any of the Portuguese-speaking countries, the evidence of knowledge of the Portuguese idiom may be given through Diploma issued by these teaching institutions

    If the applicant is illiterate, the evidence of the knowledge of Portuguese must be given according to his capability to show that he knows the idiom.

    Criminal Clearance issued by the country where the applicant was born, from where he holds his citizenship and of all countries he has ever lived after turning 16 years old, with the respective translation if not issued in Portuguese. The applicant is exempt of presenting the Portuguese Criminal Clearance, since it may be obtained compulsorily by the Portuguese government
    Power of Attorney if the application is to be submitted by a lawyer or any other
    All documents must be authenticated by apostille and non-Portuguese documents translated into Portuguese.

    By Embassy of Portugal The United States of America | Washington DC

    Home

  • Portugal | Nationality: Acquisition by Children of Portuguese Citizen

    ACQUISITION OF PORTUGUESE NATIONALITY BY CHILDREN OF PORTUGUESE CITIZENS

    Children born abroad to Portuguese parents (one or both) are entitled to Portuguese nationality.

    Applications for nationality must be submitted to the nearest Portuguese Consulate, to be processed and forwarded to the Conservatória dos Registos Centrais in Lisbon, for registration. Portuguese documents cannot be issued until registration is completed by the Conservatória, a process which may take up to six months to be confirmed by the Registrar in Lisbon.

    REGISTRATION OF CHILDREN FROM BIRTH TO 14 YEARS OF AGE

    Both parents (even if one is not a Portuguese national) must appear in person at the Consulate to apply for nationality on behalf of their children, and to sign the birth registration. The parent(s) holding Portuguese nationality must be registered at the Consulate and if married, the marriage needs to be registered in Portugal before applying for the child’s Portuguese nationality. The following documents must be presented:

    Child’s birth certificate (long form containing all pertaining information about the birth);
    Portuguese passport and identification card of Portuguese parent(s);
    Birth Certificate of non-Portuguese parent (legalized by apostille by the Government of the country of birth).
    All documents that are in a language besides French, Spanish and English must be officially translated into Portuguese.
    Registrations after 14 years of age must include birth certificate translation and legalization fee ($22.00) and a notarized copy of passport.
    REGISTRATION OF APPLICANTS 18 AND OVER

    Applicants must appear in person at the nearest Portuguese Consulate, with the following documents:

    Certified copy of the long form of his/her birth certificate, legalized by Appostille or by the Consulate of Portugal if born outside of the US, as per attached instructions;
    Identification documents with photo/signature such as passport, I.D. cards, etc.);
    Marriage certificate (if applicable);
    For fees please visit the following link.
    The following documents pertaining to the Portuguese parent(s) must also be submitted:

    Parents’ marriage must be endorsed on the birth certificate. If married abroad and marriage has not yet been registered in Portugal, registration must be done by the Consulate before the child may apply for nationality.
    If parents were not married at the time of applicant’s birth, parents must sign a statement for confirming paternity while the applicant was still a minor.
    Birth certificate of both parents (parent born outside USA, the birth certificate must be authenticated by Apostille or Consulate of Portugal in the respective country).
    Fill out the application form.

    By Embassy of Portugal The United States of America | Washington DC

    Home

  • Adriano Martins Pinheiro | Summary of curriculum in English.

    Adriano Martins Pinheiro | Summary of curriculum in English.

    I’m a lawyer working in Portugal and Brazil, focusing on visas in Portugal, investments and Portuguese citizenship.

    In addition to legal practice, I work as an instructor for nearly 2,000 students at Udemy (the largest online course platform in the world) and as a certified trainer in Portugal.

    Basically, I’m always available for networking and partnerships between Portugal and Brazil.

    Our law firm has an office based in Portugal, with a branch in São Paulo. We also have several partner lawyers on both continents.

    I have a postgraduate degree in Business Law and Real Estate Law, with extension courses in Contract Law and Civil Law, at FGV.

    Our office carries out work as a correspondent in Portugal, mainly in Porto and Vila Nova de Gaia.

    International certifications in: project management, scrum, mentoring and legal coaching.

    I like to participate in projects for courses, lectures and workshops. I am a certified trainer (CCF) by the Employment and Professional Training Institute of Portugal (IEFP).

    Adriano Martins Pinheiro | 📧 pinheiro@advocaciapinheiro.com | 📞 Whatsapp (+351) 91 543 1234

    Home

  • Portugal | Family Reunification – Necessary documentation

    Portugal | Family Reunification – Necessary documentation

    Applying for residence in Portugal
    For living in Portugal and family reunification

    Documents required

    Application for residence card is scheduled and submitted by the holder of the right to family reunification.

    Necessary documentation as follows:

    • Two recent, identical photographs, in colour with blank background, and easily identifiable (only for appointments at Odivelas, Aveiro or Braga SEF bureau);
    • Documentary proof certifying the entitlement to Family Reunification by a foreign citizen holder of a Residence Permit, an EU Blue Card, or the long-term resident status;
    • Authenticated supporting documents proving the family links invoked;
    • Authenticated copies of the identification documents of the applicants family members;
    • Evidence that the applicant has adequate accommodation (not applicable to refugees);
    • Documentary evidence of adequate subsistence means for the applicant and for the family, as per the provisions of Order number 1563/2007, of 11/12 (not applicable to refugees);
    • Extract from the judicial record in the country of origin or of provenance of the family member (where the family member has been residing for a period exceeding one year) except for under 16 years old.

    SPECIFIC DOCUMENTS

    • Certificate of incapacity of children of age, in case of dependent children of age;
    • Certified copy of adoption decision, as well as a certified copy of the acknowledgement of the decision by the national authority, where applicable;
    • Full Birth Certificate, documentary evidence of economic dependence and document supporting the enrolment in a Portuguese teaching establishment, in case of children who are of age, single and dependent;
    • Documentary evidence of economic dependence by first-degree relative in the direct ascending line, under the age of 65;
    • Certified copy of the custody decision, as well as a certified copy of the acknowledgement of the decision by the national authority, where applicable, for cases involving minor siblings
    • Written authorization by a non-resident parent, certified by a Portuguese consular authority, or copy of court decision giving legal guardianship of a minor child, or the custody of an incapacitated person to the resident or to the respective spouse, where applicable;
    • Circumstantial evidence of Unmarried Partnership, as provided for in Article 2-A of Act number 7/2001, of 11 May, as amended by Act number 23/2010, of 30 August, together, where possible, by other circumstantial evidence of the unmarried partnership relevant to the purposes of Article 104, paragraph 2 of the Aliens Act.

    NOTES

    The granting of a residence permit shall entail: the absence of any fact which, if known to the competent authorities, would preclude the granting of the visa; Absence of conviction for a crime which in Portugal is punishable by a custodial sentence of more than one year; The applicant is not within a period of prohibition of entry into the national territory, following an expulsion measure from the country; No indication in the Schengen Information System; No indication in SEF’s Integrated Information System for non-admission purposes, under article 33 of the Aliens Act;
    After decision of the application for family reunification, SEF shall inform the Ministry of Foreign Affairs for the beginning of the process of residence visa within its consulate.
    After entering into national territory with a residence permit, the family member of the applicant shall require within SEF the residence permit under article 107 of Law no. 23/2007 of 4 July, as amended.
    The family member holding a visa issued under article 64 of the Aliens Act, or who is in the national territory to which the application for family reunification has been accepted, is granted a residence permit of duration identical to the residents. The family member holding a permanent residence permit is issued a renewable residence permit for three years under the amendment introduced to article 75 of the Aliens Act, by article 192 of Act n.º 75-B/2020, of 31 december, valid (at first) for two years. Two years after the issue of the first residence permit and in as much as there are family ties or, regardless the mentioned deadline, whenever the holder of the right of family reunification has underage children living in Portugal, the members of the family have the right to an autonomous permit, valid for three years, and renewable, under the amendment introduced to article 75 of the Aliens Act, by article 192 of Act n.º 75-B/2020, of 31 december. The first residence permit granted to the spouse under the family reunification is autonomous whenever he/she is married for more than five years with the resident – valid for two years, renewable for three, under the amendment introduced to article 75 of the Aliens Act, by article 192 of Act n.º 75-B/2020, of 31 december.

    • The following family members, in accordance to Articles 99 and 100 of the Aliens Act are entitled to family reunification:
      • The spouse;
      • Underage or incapable children under guardianship of the couple or of one spouse;
      • Minors adopted by an unmarried applicant, by a married applicant or by the spouse, following decision taken by the relevant authority of the Country of origin, provided that legal framework incorporates the same rights and duties of natural affiliation and provided that decision is acknowledged by Portugal.
      • Children who are of age, and of whom the couple or one of the spouses is in charge, and study in a Portuguese teaching institution.
      • Children who are of age, and of whom the couple or one of the spouses is in charge with, single or studying, whenever the holder of the right of reunification has a residence permit granted under article 90 – A.
      • First-degree ascendants in the direct line to the resident or the respective spouse provided they are dependent on either of them
      • Underage siblings under custody of the resident, following decision by a relevant authority in the country of origin, as long as that decision is acknowledged by Portugal
    • The following family members of unaccompanied minors are also entitled to family reunification:
      • First-degree ascendants in the direct line;
      • His / her legal guardian or another family member, if the refugee has no direct ascendants or if it proves impossible to trace them.
    • For purposes of family reunification with a beneficiary of a Residence Permit for study, unremunerated professional training or voluntary work are entitled the following family members:
      • The spouse
      • Underage or incapable children under guardianship of the couple or of one spouse;
      • Minors adopted by an unmarried applicant, by a married applicant or by the spouse, following decision taken by the relevant authority of the Country of origin, provided that legal framework incorporates the same rights and duties of natural affiliation and provided that decision is acknowledged by Portugal.
    • Civil partnership – Family reunification may be authorized with:
      • A non-marital legally recognized partner of the resident, irrespectively of whether the partner is inside or outside national territory;
      • Underage or incapable children, including children adopted by the legal partner, provided these children are under their guardianship.
    • Documents written in a foreign language must be accompanied by the respective translation that can be certified by any of the entities listed in Notaries Code, namely: Portuguese Notary; Portuguese Consulate in the country where the document was passed; Consulate of that country in Portugal.

    SCHEDULING APPOINTMENT BY TELEPHONE
    PHONE: 217 115 000 | MOBILE: 965 903 700

    LAW | ARTICLE 98, PARAGRAPH 1 – FAMILY REUNIFICATION

    Website SEF

    Home

    SEF