Amendment to the legal regime of entry, stay, departure and deportation of foreigners from national territory

07 / 31 / 2017

Law no. 59/2017 was approved today in the Official Gazette, introducing the fourth amendment to Law no. 23/2007, which approves the legal regime of entry, stay, departure and deportation of foreigners from the national territory.

In the context of this amendment, it is foreseen that, in case of residence permit for the exercise of a subordinate professional activity, by means of expressions of interest presented before the Foreign Service and Borders’ (“SEF”) Internet website or directly in one of its regional offices, the need for the applicant to have a valid residence visa - provided for in Article 77 (1) (a) - is dismissed, provided that the foreign citizen, in addition to the other general conditions foreseen in such provision, fulfills the following conditions:

a) Has a valid employment contract or a promise of employment contract, or has a labor relationship proven by a Union, by a representative of migrant communities with seat in the Council for Migration or by the labor authorities;

b) Has legally entered the national territory; and

c) Is registered before the social security services, except in cases where the document submitted under the terms of a) is a promise of employment contract.

This law also introduces an amendment to the limits on the deportation of foreign nationals from the country – only not applicable in case of well-founded suspicion of crimes of terrorism, sabotage or violation of national security or condemnation for the commission of such crimes – foreseeing that foreign nationals who meet the following conditions cannot be coercively dispelled or deported from the country:

Have been born in Portuguese territory and reside here;
Have children of Portuguese nationality residing in Portugal;
Have minor children, who are third-country nationals residing in Portuguese territory, for whom they effectively assume parental responsibilities and providing support and education; or
Have been in Portugal since they were less than 10 years old and still live here.