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Update 88.2 & 89.2

Important Update on Portugal's Residence Permit Application Process under the provision of Expression of Interest articles 88.2 and 89.2

Updated Notification under the provision of Expression of Interest articles 88.2 and 89.2

As of June 3, 2024, the Portuguese government enacted Decree-Law No. 37-A/2024, which introduced significant changes to the residence permit application process for non-EU nationals. This decree effectively suspended the “Expression of Interest” mechanism, previously outlined in Articles 88.2 and 89.2 of Law No. 23/2007. Under the previous system, non-EU nationals could enter Portugal on a tourist visa and, upon securing employment, submit an “Expression of Interest” to regularise their stay. With the suspension of this mechanism, individuals are now required to obtain a valid employment contract or job offer before entering Portugal.

Key Changes:

Suspension of “Expression of Interest”: The process that allowed non-EU nationals to apply for a residence permit after entering Portugal on a tourist visa has been suspended.
Requirement for Employment Contract: Prospective residents must secure an employment contract or job offer before entering Portugal.
Impact on Self-Employed Individuals: The changes also affect self-employed individuals, who must establish their business and demonstrate financial viability before applying for a residence permit.

Implications:

These changes aim to streamline the immigration process and ensure that individuals entering Portugal have a clear pathway to legal employment and residence. While this may present challenges for those seeking to enter Portugal without prior employment arrangements, it also enhances the integrity of the immigration system. Creating a more organized and predictable environment for both immigrants and authorities. Additionally, it fosters greater compliance with Portuguese regulations and supports the country’s labour market needs.

If you were already in Portugal before the change’s implications on expression of interest

Individuals who entered Portugal before June 3, 2024, during the traditional period (i.e., before the suspension of the “Expression of Interest” mechanism), are still allowed to proceed with their applications for residence permits under the previous rules. This means that people who arrived in Portugal on a tourist visa or without a pre-established employment contract can still apply for regularisation through the “Expression of Interest” process, provided they meet the requirements set by the law at the time of their entry.

To clarify, individuals who entered Portugal before the changes on June 3, 2024, and are applying for regularisation under the “Expression of Interest” process must prove that they had already obtained the following before the suspension of the process:

1. Portuguese Tax Number (NIF)

Required Action: As part of their application, individuals must prove that they obtained a Portuguese Tax Number (NIF) before June 3, 2024.
Purpose: The NIF is essential for any official interaction in Portugal, such as employment, opening bank accounts, and tax obligations. It should have been registered and active before June 3, 2024.

2. Portuguese Social Security Number (NISS)

Required Action: Applicants must provide evidence that they obtained a Portuguese Social Security Number (NISS) before June 3, 2024.
Purpose: The NISS is crucial for employment, as it is linked to the worker’s social security contributions and access to healthcare. The social security registration must have been done and active before the transitional period.

3. Proof of 12 Months of Social Security Contributions

Required Action: Applicants must submit proof of making at least 12 months of social security contributions before June 3, 2024.
Purpose: This shows that the individual has been employed and has contributed to Portugal’s social security system for at least 12 months. The contributions must be documented and cover the period leading up to the transitional period.

These documents are essential for the regularisation process under the “Expression of Interest” system for those who entered before the changes were implemented.

FAQ – Changes in Portuguese Immigration Law (Post June 3, 2024)

1. What changes were made to the immigration law in Portugal on June 3, 2024?: On June 3, 2024, Portugal implemented Decree-Law No. 37-A/2024, which brought significant reforms to the immigration system. The key change was the suspension of the “Expression of Interest” mechanism for non-EU nationals wishing to regularize their stay in Portugal after entering on a tourist visa.
2. What was the Expression of Interest mechanism?: The “Expression of Interest” process allowed non-EU nationals to enter Portugal on a tourist visa and, after securing employment or self-employment, apply for regularization of their stay. This process allowed individuals to submit a request for residence status based on their work situation.
3. Why was the Expression of Interest process suspended?: The suspension is part of a broader effort by the Portuguese government to streamline the immigration process and ensure that people entering the country have clear, documented pathways to legal employment. The reform aims to strengthen the integrity of the immigration system and reduce the number of individuals entering on a tourist visa without a clear purpose.
4. Who does the suspension of the Expression of Interest process apply to?: The suspension affects non-EU nationals who enter Portugal after June 3, 2024, on a tourist visa or without a valid employment contract. Those who entered Portugal before June 3, 2024, are still eligible to apply under the previous rules, provided they meet the requirements.
5. What are the new requirement for residence permits after the law change?: After June 3, 2024, individuals seeking to obtain a residence permit must: o Secure a valid employment contract or job offer before entering Portugal. o Prove legal employment or self-employment during their stay. o Provide evidence of a valid Portuguese tax number (NIF) and Social Security number (NISS). o Demonstrate a history of social security contributions (typically 12 months) to prove active participation in Portugal’s social systems.
6. Do the changes affect individuals already in the process of applying?: No, the changes do not affect individuals who entered Portugal before June 3, 2024, who are already submitting their “Expression of Interest” or other residence-related applications. Their applications will continue under the previous rules.
7. How are NISS and NIF requirements impacted by the law changes?: • After the law changes, the issuance of NISS numbers to foreigners has become stricter. Foreign nationals must now prove employment or have self-employment contracts to receive a Portuguese Social Security number (NISS). • Similarly, obtaining a Portuguese Tax Number (NIF) remains a requirement for anyone wishing to work legally or engage in other official activities in Portugal, and individuals must have obtained the NIF before June 3, 2024, if they want to apply for regularisation under the old rules.
8. What documents are needed for regularisation under the new law?: The following documents will be required for residence permit applications: o Valid employment contract or proof of self-employment. o Portuguese Tax Number (NIF). o Portuguese Social Security Number (NISS). o Proof of 12 months of social security contributions (for those applying for regularisation). o Proof of legal stay (residence visa or permit).
9. Can individuals who entered on a tourist visa apply for regularisation after June 3, 2024?: Individuals who entered on a tourist visa after June 3, 2024, cannot apply for residence based on the “Expression of Interest” system. They must now secure a valid job offer and meet all requirements before entering Portugal. The new regulations no longer allow individuals to regularise their stay by applying from within Portugal.
10. Will the stricter NISS requirements affect foreigners already in Portugal?: The stricter issuance of NISS numbers applies to individuals who have not yet secured employment or self-employment and are applying for residence permits. Foreign nationals working and contributing to social security may face fewer obstacles. Still, those without a clear employment history will find it more challenging to obtain an NISS.
11. How will the changes affect self-employed individuals?: • Self-employed individuals will need to prove the viability of their business and show sufficient income to qualify for a residence permit. • They must also demonstrate compliance with tax and social security contributions, as Portuguese law outlines.
12. What happens if I don’t meet the new requirements?: If you fail to meet the new criteria (such as having a valid employment contract or demonstrating sufficient social security contributions), you may be unable to regularize your stay in Portugal under the new laws. This could lead to immigration issues or the need to leave the country and reapply under different conditions.
13. How can I get more information about the law changes?: For official information, consult the following Portuguese government websites: o Portuguese Immigration and Border Services (AIMA) o Portuguese Social Security (Segurança Social) o Portuguese Tax Authority (AT)
14. Can I still appeal if my application is rejected?: Yes. If your application for regularisation is rejected, you may be able to appeal the decision. It’s advisable to seek legal advice to understand your options based on your situation.