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STAY
AND RESIDENCE, PERMISSIONS, FAMILY REGROUPING, ETC.
What
is a residence permit?
A
residence permit is a document that is issued in the form of a
residence permit that permits foreign citizens to remain in
Portugal for a certain period of time or for an indefinite period
of
time. There are two types of residence permit: temporary and
permanent.
Which
identification documents do I need to have?
The
residence permit substitutes, to all intents and purposes, the
identity card of a foreign citizen.
The
residence permit is the only identification document that
can
prove legally resident status in Portugal.
Which
conditions to I have to meet in order to apply for a
residence permit?
To be
granted a residence permit, the applicant must meet the
following conditions:
1. Be
in possession of a valid residence visa, which has been
issued
to allow entry into Portuguese territory to
immigrants who wish to apply for a residence permit and
which
is valid for a period of six months and allows two
further entries into the country;
2.
Present in Portuguese territory;
3. The
non-existence of any fact that, if known by the
authorities before the granting of the residence permit,
would
be an obstacle to the issuing of the same.
What
is a temporary residence permit?
A
temporary residence permit has the following characteristics:
1. It
is valid for a period of two years from the date of issue
of the
permit;
2. It
is renewable for successive periods of three years;
3. The
residence permit must be renewed whenever any
personal identification details in the document change;
4. It
is possible for there to be situations in which the need
for a
residence visa can be dispensed with in order to
obtain
the residence permit (mentioned in advance).
What
is a permanent residence permit?
A
permanent residence permit has the following characteristics:
1. It
has no expiry date.
2. The
residence permit must be renewed every five years or
whenever necessary – that is, whenever any personal
identification details change.
Who
can apply for a permanent residence permit?
The
foreigners who can obtain a permanent residence permit are
those
who cumulatively:
1.
Have legally resided in Portugal for at least 5 or 8 years,
depending whether the citizen is, respectively, from a
PALOPS
country (i.e. a country where Portuguese is an
official language) or from other countries;
2.
During the last 5 or 8 years of residence in Portuguese
territory, depending on the case, they have not been
condemned and sentenced, either singularly or
cumulatively, to more than one year in prison.
Where
can I ask for a Residence Permit?
A
request for a Residence Permit must be handed in to the
Regional Branch of the Service for Border Control and Aliens
(Serviço
de Estrangeiros e Fronteiras – SEF) in your area of
residence, through the completion and signing of an application
form
(or signed by a legal representative when the application
concerns minors under 10 years of age or handicapped persons).
This
application form should be handed in along with the
following documents:
1.
Passport or other valid identification document;
2.
Valid residence visa, except when not required;
3. Two
identical passport photographs, in colour and good
condition;
4.
Proof of means of subsistence;
5.
Documents proving a family connection, where required;
6.
Certificate of consular registration.
The
Service for Border Control and Aliens (SEF) will make a
decision regarding the granting or not of the residence permit
within
a period of 60 days.
In
which situations can a residence visa be dispensed with in
order
to obtain a residence permit?
A
residence visa is not required to obtain a residence permit for
foreigners in the following situations:
a)
minors, children of foreign citizens, born in
Portuguese territory, who are entitled to the
same
residence status which has been granted
to
either of their biological parents (in order to
issue
the residence permit document, one of
the
parents should submit the necessary
request within six months of the registration
of the
birth of the minor);
b)
relatives of national citizens and citizens who
are
nationals of states who are signatories to
the
treaty concerning the European Economic
Area;
c)
those who no longer have the right to asylum
in
Portugal, through the reasons for the initial
granting of this right having ceased to exist
and
which had hitherto allowed them this
protection;
d)
those who suffer from a disease which
requires prolonged medical assistance which
impedes their returning to their country, so as
to
avoid prejudicing the health of the
individual;
e)
minors in one of the situations covered by the
content of section nº 1 of Article 1921 of the
Civil
Code (Codigo Civil);
f)
those who have completed their military
service for the Portuguese Armed Forces;
g)
those whose activities in the scientific,
cultural, economic or social areas is
considered as being of essential interest to the
country;
h)
those who cohabit as common law spouses
with a
Portuguese citizen, with a national
citizen of a country which is a signatory to the
treaty
of the European Economic Area or with
a
foreign resident as far as the law is
concerned (common law spouses of resident
citizens must have been in this situation for at
least
two years and when the family member
regularly resides in national territory);
i)
those who have not left national territory and
whose
right to reside has expired;
j)
those who have children who are minors and
resident in Portugal or who have Portuguese
nationality and who are legally parents and
economically sustain and bring them up.
k)
those who have been holders of a residence
permit
for an uninterrupted period of five
years;
l)
members of embassies and consuls and their
respective spouses, and children and parents
they
are responsible for, who have been
accredited in Portugal for a period of not less
than 3
years.
In the
cases where a request can be made for a residence permit
without the need for a residence visa, the documents needed
vary
according to the particular situation of each case and the
reason
that allows the residence visa to be dispensed with.
If I
do not meet the conditions required, do I have any other way
of
obtaining a residence permit?
When
it is shown that a case involves exceptional circumstances
not
covered by the situations relating to family reunion or the
dispensing of the need for a residence visa, a residence permit
can be
exceptionally issued to foreign citizens who do not meet
the
conditions required, if this is in the national interest, and
carried out through a request to the Director General of SEF or
through the initiative of the Home Secretary.
How
can I renew my residence permit?
A
request to renew a residence permit must be handed in at the
Regional Branch of SEF in your area of residence, through a
form
that must be completed and signed by yourself (or by a
legal
representative in the case of minors under the age of 10 or
handicapped persons).
The
request for renewal must be accompanied by proof of
means
of subsidence (regarding forms of proof see Regulatory
Degree
(Decreto Regulamentar) nº 9/2001, 31 May) and a
Criminal Register certificate, and the request may be turned
down
if the person applying for renewal does not meet the
minimum conditions necessary to continue residing in Portugal.
When
should I request a renewal of my residence permit?
The
renewal of a temporary residence permit should be
requested by the interested party up to 30 days before its expiry
date.
For the period of one year following the expiry date of the
temporary residence permit you can still request its renewal but
in
this case you will be subject to the payment of a fine.
However, if you do not request the renewal of your residence
permit
within the period of one year after its expiry date, you
will
lose your right to residence.
What
criteria are used when considering renewal?
When
considering renewal, the Service for Border Control and
Aliens
(Serviço de Estrangeiros e Fronteiras – SEF ) will
consider the following criteria:
1.
Means of subsistence demonstrated by the interested party;
2.
Housing conditions;
3.
Compliance with Portuguese legislation by the interested
party,
for example those laws concerning foreigners.
The
decision concerning the request for renewal will be taken by
the
Service for Border Control and Aliens (SEF) and must be
made
within a period of 30 days, after which the request must be
considered as successful.
Am I
given any proof that I have handed in a request for the
granting or renewal of a residence permit?
These
requests are registered when they are handed in and you
will
be given a receipt slip upon delivery of your application,
which
is valid for 60 days. While you case is being considered,
this
slip is used as proof of your status as a foreigner resident in
Portugal.
I have
lost my residence permit document. What should I do?
A
second copy of the residence permit document can be
requested if it is in a bad state of conservation, it has been lost,
destroyed or stolen.
The
request for a second copy should be accompanied by a
declaration explaining the reasons for the request and, in the
case
of theft, with a copy of the police report of the theft. The
request should be accompanied by two photographs of the
applicant.
The
request should be handed in to the regional branch of SEF
in
your area of residence through filling out an application form
that
must be signed by the applicant (or his legal representative
in the
case of minors under 10 years of age or handicapped
persons).
I am
in jail. How can I renew my residence permit?
The
renewal of a residence permit of a foreigner who is serving
a term
of imprisonment can only be carried out if they have not
been
sentenced to being expelled from the country.
The
request for a residence permit that has lapsed will not be
contested if it is presented within 30 days after the interested
party
has been released from jail.
In
which circumstances could I find myself without a residence
permit?
Besides the situations in which your request for renewal of your
residence permit may be turned down by SEF, your residence
permit
may also be cancelled.
The
power to carry out this decision is vested in the Home
Secretary, who can devolve this power to the Director General
of
SEF.
The
cancellation must be notified to the interested party along
with
the reasons that led to the seizure of the corresponding
document.
On
what grounds can my residence permit be cancelled?
A
residence permit is cancelled:
1.
Whenever the foreigner is the object of a decision to expel
him
from national territory.
2.
When it was issued on the basis of fraudulent declarations
or
through the use of fraudulent means.
The
residence permit can equally be cancelled when the
interested party is absent from the country for substantial
periods without just cause.
1. For
holders of a temporary residence period, this
corresponds to six consecutive months or 8 months in total
within
the period of validity of the residence permit.
2. For
holders of a permanent residence permit, this
corresponds to 24 consecutive months or, within a period
of 3
years, 30 months in total.
This
absence beyond the limits established may be justified
through the handing in of a request to SEF before the departure
of the
resident from national territory or, in exceptional cases,
after
departure.
What
can I do to appeal against the non-renewal or cancellation
of my
residence permit?
You
can submit an appeal to the Home Secretary. If he
confirms the decision, you can lodge an appeal in the
administrative courts.
And in
the case of relatives?
A
residence permit issued within the scope of the right to family
reunion is cancelled when:
1. The
sole purpose of the marriage is to allow the
beneficiary of family reunion the right to enter and legally
reside
in the country;
2. The
holder loses the right to residence and the relative
does
not yet meet the conditions to be entitled to a
residence permit in his own right;
3. The
resident and the relatives no longer maintain family
ties
(in exceptional cases, such as legal separation of
individuals and goods, divorce, widowhood, death of a
relative or when adulthood has been reached, the right to a
residence permit can be granted to an individual without
the
necessary two year period).
Which
basic precautions should I take once I start residing in
Portugal?
1.
Always carry your passport, residence document, identity
card
or other identity document with you;
2.
Always carry your consular document with you, and the
telephone, fax numbers and address of your Embassy or
Consulate;
3.
Always carry with you the telephone numbers of relatives
or a
friend who can be contacted in the event of an
emergency;
4. Do
not let any documents that have a fixed period of
validity, such as a passport, visa, Identity Card, or your
residence permit document or any other document, expire.
5.
Scrupulously follow Portuguese law, particularly laws
which
relate to foreigners
6. If
you are a foreign resident, always tell the Service for
Border
Control and Aliens (Serviço de Estrangeiros e
Fronteiras SEF) of any changes in your nationality,
marital status, profession, residence or any absences from
the
country which are for periods of more than 90 days.
What
are the grounds for being expelled from Portugal?
Foreign citizens shall be expelled from Portuguese territory if:
1.
They have irregularly entered or remained in Portuguese
territory;
2. If
they have acted against national security, public order or
good
habits;
3. If
their presence or activities has constituted a threat to the
interests or dignity of the Portuguese State or its nationals;
4. If
they have interfered in an abusive way in the exercise of
rights
regarding political participation reserved for
national citizens;
5. If
they have practised acts which, if they had been known
to the
Portuguese authorities, would have prevented their
entry
into the country.
Who
can carry out expulsion?
The
legal or administrative authorities are the only entities
which
have the power to expel a foreigner. In the case of an
administrative expulsion this falls under the competence of the
Director of SEF. Legal expulsion is a matter for the judicial
authorities (criminal law courts of the first instance and district
courts), with this sentence being applied in its own right or as an
additional sentence in a criminal case.
If the
act of expulsion is considered unjust what can the
foreigner do about this?
He can
lodge an appeal regarding the expulsion decision in the
judicial or higher courts, depending on whether the expulsion
decision was an administrative or judicial decision.
Does
the act of appealing allow the foreigner to reside in the
country?
No.
Contesting the decision does not suspend the act, and does
not
suspend the decision to expel.
To
which country could the foreigner be expelled?
In
principle a foreigner can only be expelled to his country of
origin.
However expulsion cannot be carried out to any country where
the
foreigner may be persecuted for reasons that, under the
terms
of law, confer the right to the granting of asylum.
Can I
return to Portugal after having been expelled?
A
foreigner who has been expelled is banned from entering
national territory for a period of not less than 5 years.
We
would like to acknowledge the help of the Service for
Border
Control and Aliens (Serviço de Estrangeiros e
Fronteiras SEF) in the production of this brochure.
FAMILY
REUNION
I am
here in Portugal and I have a residence permit and
would
like my family, presently living abroad, to come and
live
with me. Can they come?
Yes.
For an immigrant who has been in possession of a
residence permit for at least a year, Portuguese legislation grants
the
right to family reunion for those members of a family who
are
living outside of Portugal– and, in exceptional cases, those
already present in Portugal – and those who have lived with you
in
another country or who are dependent on you.
A
residence visa will be issued to the family member when the
relevant documentation has been handed in, so as to apply for a
residence permit. If your residence permit is a temporary one,
your
family member will be issued with a renewable residence
permit, which will be valid for the same duration as your own
residence document.
If
your residence permit is of indefinite duration, your family
member
will be issued with a residence visa valid for two years.
Both
in the situation of a temporary and permanent residence
permit, once two years have passed since the first permit was
issued, and providing that family ties have been maintained, the
family
members will have their own independent right to a
residence permit.
In
exceptional cases, this period may be shorter, such as legal
separation of people and their goods, divorce, widowhood, death
of a
parent or child or when adulthood has been reached.
Which
relatives are eligible for family reunion?
The
following relatives are considered eligible for family
reunion: spouse, children who are minors or handicapped and
are
the responsibility of one or both members of the couple;
minors
adopted by both of the spouses; parents of the resident or
spouse, if they are the responsibility of the couple; brothers and
sisters who are minors, if they are wards of the resident.
What
do I have to do for them to be able to come?
A
request for family reunion should be submitted to the regional
branch
of the Service for Border Control and Aliens (Serviço de
Estrangeiros e Fronteiras - SEF) in the area where you reside,
along
with the following documents:
· A
request addressed to the Director-General of the Service
for
Border Control and Aliens (SEF) which should identify
the
applicant and the family members involved.
· The
applicant’s residence permit (original and
photocopies)
·
Proof of the stated relationship – a valid marriage
certificate (original and photocopy) or birth certificate
(original and photocopy)
·
Authenticated copies of the relatives’ identification
documents
·
Photocopy of the family passport
·
Proof of suitable accommodation and sufficient means of
subsistence to cater for the needs of the family:
o
Original and copy either of the title deeds of a
property or a rental contract
o
Original and photocopy of the applicant’s income tax
(IRS)
declaration for the previous year.
Please
Note: Any documents issued in the country of origin
have
to be authenticated by the diplomatic mission or consular
post
in the respective area of residence.
My
family is already in Portugal. Can we benefit from
family
reunion?
Yes,
but only in cases which are clearly justified, and which are
a
result of exceptional circumstances which took place after the
legal
entry of your relative into Portuguese territory. For family
reunion to be possible you must have been in possession of a
residence permit for at least a year and your relative must have
entered and remained in the country in a proper manner.
Can my
spouse work?
Yes
s/he can. The law only forbids actual parents of the
applicant or spouse from working.
Can I
lose my residence status, which was obtained on the
basis
of family reunion?
Yes,
you can.
· The
decision by the competent authorities to expel an
individual is just cause for the cancellation of a residence
permit, or when the residence permit has been issued
based
on false declarations;
· It
can also be cancelled if it is proved that the sole purpose
of a
marriage was to entitle an individual to family reunion
and
thereby the ability to enter and legally reside in the
country;
·
When the holder of the right loses his residence status and
the
relative is not yet entitled to a residence permit in their
own
right;
·
When the resident and the relatives have not maintained
family
ties, without prejudice to the provisions of section 5
of
article 58 of the law, which lays down that in case of
legal
separation of people and their goods, divorce,
widowhood, death of a parent or child or when adulthood
has
been reached, individuals can be entitled to residence
status
before the legal period has elapsed.
Can my
children have access to education?
Yes,
your children have the right to have access to education
just
like any Portuguese child.
Even
in the case of undocumented children, a resolution
published by an interministerial working group in February
2000,
under the remit of the High Commissioner for
Immigration and Ethnic Minorities, contained the following
guidelines:
1.
Children and young adults, even when undocumented, are
to be
granted enrolment and any corresponding reenrolment.
2. Any
academic results published for any educational or
legal
reasons, are to be published under the same
conditions for any pupil.
3.
Access to exams (including national ones) and tests, in
order
to achieve academic progress, is to be assured
without discrimination.
4.
Transition from one year or one level of education to
another is, depending on the cases, to be guaranteed
without any temporary or suspensory effects being caused
due to
the situation of the country.
5.
Social and educational support is to be guaranteed at an
equal
level, subject to proof of income being presented by
the
family unit or, in the absence of this, a document
indicating their economic situation issued by the local
borough in which the family resides.
6.
Where it is not possible to obtain certificates indicating
academic qualifications and such documents are not
available, a certificate can be produced on the initiative of
the
person legally responsible for the child’s education or
through an official request, through a declaration made
under
oath by the same person, without prejudice to
future
verification from the schools and countries
involved in establishing the veracity of such declarations.
7. The
degrees and certificates of any studies affected in this
way
are to be guaranteed by the schools.
How
can my family have access to health care?
Any
normally recognised citizen has the right to be treated in a
Health
Centre (Centro de Saúde SNS) or a hospital (for
emergency cases). You need to have a National Health Service
Medical
Card (Cartão de Utente do Serviço Nacional de Saúde)
to
exercise this right.
How
can I obtain a National Health Service Medical Card?
To
obtain a Medical Card from the National Health Service
(SNS),
you should go to the Health Centre in your area of
residence and show documentary proof of your residence status.
I have
permission to stay status (autorização de permanência).
Although I do not have the right to family reunion, can I bring
my
family together in Portugal?
Yes,
but in order to do this your family should go to the
diplomatic embassy or consul in their area of residence to
formalize their request for a temporary stay visa.
To do
this it is necessary to submit the following documents:
??
And in
this case can my spouse work?
Yes,
in cases which are clearly justified, the holder of a
temporary stay visa is permitted to work under conditions
similar to those in possession of a work visa.
And
can my children attend school?
Yes,
like any Portuguese child.
Does
my family have the right to health care?
Yes
like any normally recognised citizen, you have the right to
be
treated in a Health Centre (Centro de Saúde SNS) or a
hospital (for emergency cases). You need to have a National
Health
Service Medical Card (Cartão de Utente do Serviço
Nacional de Saúde) to exercise this right. To obtain a Medical
Card
from the National Health Service (SNS), you should go to
the
Health Centre in your area of residence and show
documentary proof of your residence status.
If I
have more children when in Portugal, how can they obtain
Portuguese nationality?
The
following conditions have to be met:
1. To
have been born in Portuguese territory.
2. To
be a child of foreign citizens in possession of a valid
resident permit who have been resident in Portugal for 6 or
10
years, respectively, if the parents are citizens of a CPLP
country (i.e. a country where Portuguese is an official
language) or the nationals of another country (and are not
in the
service of that country),
3. A
statement affirming the desire to become Portuguese
(registering the birth as having taken place within
Portuguese territory is not sufficient).
What
steps are carried out when applying for Portuguese
nationality for a child of an immigrant born in Portugal?
The
application starts with a statement affirming the desire to
become
Portuguese. The statement can be made by the
interested party (by him/herself or a solicitor), or, if the person
is
handicapped, by their legal representatives (who, as a general
rule,
are the parents); this statement affirming this desire can be
made
at any Registry Office and must be accompanied by any
necessary documentation.
Which
documents do I have to hand in along with the
application for nationality for a child of an immigrant born in
Portugal?
The
following documents must accompany the application:
1.
Birth Registration Certificate of the applicant
2.
Document issued by the Service for Border Control and
Aliens
(Serviço de Estrangeiros e Fronteiras – SEF) showing
that:
· The
parents of the applicant have been resident in
Portugal since the birth of the child and are in
possession of a valid resident permit and who have been
resident in Portugal for 6 or 10 years, respectively, if
the
parents are citizens of a CPLP country (i.e. a
country where Portuguese is an official language) or the
nationals of another country
·
They are not in the service of the respective country.
Useful
information
This
Internet address gives the addresses and contacts of
Portuguese Embassies and Consulates throughout the world.
http://www.min-nestrangeiros.pt/mne/estrangeiro/a-b.html#b
This
Internet address provides information on the foreign
diplomatic missions located in Portugal.
http://www.min-nestrangeiros.pt/mne/missoes
This
address provides information regarding the regional
branches of the Service for Border Control and Aliens (SEF).
http://www.sef.pt/contactos.htm
LEGAL
MEANS TO COMBAT RACISM AND XENOPHOBIA
The
following legislation prohibits discrimination based on race, colour,
nationality or ethnic origin in the exercise of one’s rights
Law
No. 134/99, of 28 August.
Decree-Law (Decreto-Lei) no. 111/2000, of 4 July.
Introduction
Equal
dignity is bestowed on all citizens in a society and they are equal
before
the
law. No one can benefit, be privileged, prejudiced or deprived of any
right
or
exempt from any duty on the basis of family background, sex, race,
language, place of origin, religion, political or ideological
convictions, education,
economic situation or social circumstances.
This
legislation aims at preventing and banning racial discrimination in all
its
forms
and punishing the practise of acts which lead to the violation of any
fundamental human rights, or the refusal or restriction of any
socio-economic or
cultural rights of any person as a result of their belonging to a
certain race,
colour, nationality or ethnic group.
This
information leaflet has been produced inorder to explain the ways in
which
it is
possible to fight against racism and xenophobia.
As
this is a summary of the information, this brochure cannot hope to
answer
every
question that arises in each individual case. Therefore, in case of
doubt,
you
should consult the respective legislation, which is available on the Web
Site
of the
High Commission for Immigration and Ethnic Minorities (ACIME).
PRO-FORMA OF COMPLAINT FORM TO BE SENT TO THE COMMISSION
FOR
EQUALITY AND AGAINST RACIAL DISCRIMINATION
Dear
Sir/Madam,
President of the Commission for Euality and Against Racial
Discrimination
Name..................................................marital
status..............................
Profession...........................................I.D.(B.I).n.º...........................Tax
Identification
Number......................................................................................,
address...........................................................................................................
...............................................................................................................,
wishes
to inform you that at ....... (time) on (day)......(month)......of 2003,
in
(Street)...............................................................................
at this place an act
of
discrimination took place involving an individual/group known as
....................................................................................,
address.............................................................................................................
...................................................................................,
in the following manner
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
..........................................................................................................................
.........................................................................................................................
Witness to the fact:
F..........................................................................,address.............................
.........................................................................................................................
F............................................................................,address............................
..........................................................................................................................
AND
APPROVAL
Date
........................................
Sig.
........................................
USEFUL
CONTACTS:
The
High Commissioner for Immigration and Ethnic Minorities (Alto
Comissário para a Imigração e Minorias Étnicas)
Head Office:
Pç. Carlos Alberto, 71, 4050-157 Porto
Palácio Foz,
Praça dos Restauradores – apto. 2596, 113-001 Lisboa
Service for
Border Control and Aliens (Serviço de Estrangeiros e
Fronteiras)
Head Office
- Rua Conselheiro José Silvestre Ribeiro, nº 4, 1649-007
Lisboa;
telefone – 21 711 50 00;
Lisbon
Regional Branch – Av. António Augusto de Aguiar, nº 20, 1069-
119 Lisboa;
telefone – 21 358 55 00
Public
Security Police (Polícia de Segurança Pública)
Largo da
Penha de França n.º 1, 1199-010 Lisboa, telefone – 21
8149716
National
Republican Guard (Guarda Nacional Republicana)
Largo do
Carmo, 1200-092 Lisboa, telefone – 21 3217000
National
Centre for The Judicial Police (Directoria Nacional da Polícia
Judiciária)
Rua Gomes
Freire,174, 1169-007 Lisboa
Telefone -
213 533 131
More information:
(www.acime.gov.pt)
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