Residence Permit for Highly Qualified Activity | Portugal | SEF

RESIDENCE PERMIT FOR HIGHLY QUALIFIED ACTIVITY | ARTICLE 90

APPLYING FOR RESIDENCE IN PORTUGAL | WORKING IN PORTUGAL
ARTICLE 90 – RESIDENCE PERMIT FOR HIGHLY QUALIFIED ACTIVITY

The Immigration and Border Service (SEF)

DOCUMENTS REQUIRED

Without prejudice of the “EU Blue Card” (article 121.º-A of REPSAE) or of the residence permit for highly qualified activity in certified companies (Tech Visa) legal frameworks, the application for a residence permit to exercise a highly qualified activity is formulated by scheduling (or via an electronic platform – to be implemented for holders of residence visas), by the applicant or by the hosting entity/company (in this case preferably by electronic means). Must be submitted personally on a standard form signed by the applicant or his/her legal representative at any SEF’s directorate or regional delegation, which, after proceedings and decision, can forward it to the directorate or regional delegation of the applicant’s area of residence.

Necessary documentation as follows:

• Two recent, identical photographs, in colour with blank background, and easily identifiable (It’s often not necessary);
  
• Passport or any other valid travel document;
  
• Valid residence permit issued under article 61.º of REPSAE, except in applications submitted under n.º 2 of article 90.º – without residence visa
  Evidence of sufficient means of subsistence, as per the provisions of Order Number 1563/2007, of 11/12;
  
• Proof of registration with the Tax Administration and Social Security
  Evidence that the applicant has adequate accommodation;
  
• Permission for SEF to check portuguese criminal record (except people under 16 years old).

SPECIFIC DOCUMENTS

Resident permit for highly qualified activity:

• Contract for services

For highly qualified activity performed by subordinate worker:

• An employment contract of at least one year’s duration, corresponding to an annual remuneration of at least 1,5 times the national average gross annual salary (1,752.52 euros/month) or three times the index value of social support – IAS (1.316,43 euros/month). For employment purposes in professions belonging to the major groups 1 and 2 of the International Standard Classification (CITP), which are designated as particularly deprived occupations, the salary threshold set out above must be at least 1,2 times the national average gross annual salary (1,402.02 euros/month), or twice the value of the IAS (877,62 euros/month). The reference values ​​refer to 2017 (average annual gross salary) and 2020 (IAS). The Residence Permit described in this section issued with visa exemption, under no. 2 of article 90, shall submit all the documentation stated and in addition a supporting evidence of legal entry and stay in the national territory, as well as the applicant’s Criminal Record of the country of nationality or of the country of residence for over one year (according to nº. 4 of article 53 of Regulatory Decree 84/2007).

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.
  
• With the amendment introduced to article 75 of the Aliens Act, by article 192 of Act n.º 75-B/2020 of 31 december – State Budget to 2021 in force since 01/01/2021 and to 2021 –, the temporary residence permit for highly qualified activity is valid for two years [and not just one] from the date of issue of the corresponding title and renewable for successive periods of three years [and not just two].
  
• The following administrative offences apply: Article 192 of the Aliens Act (Illegal Stay); Article 197 of the Aliens Act (No entry declaration); Article 198 of the Aliens Act (Unauthorized independent professional activity); Article 199 of the Aliens Act (No travel document).

STANDARD FORMS (pdf)

LEGAL FRAMEWORK
ARTICLE 90 OF THE REPSAE, IN CONJUNCTION WITH ARTICLE 56 OF THE RD 84/2007 AS AMENDED

ORDER NUMBER 1563/2007, OF 11/1

tags: sef, portugal, law, residence permit .

Adriano Martins Pinheiro, lawyer in Portugal