88.2
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Important Update
Portugal’s Residence Permit Application Process 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.
Residence Permit request under article 88 paragraph 2 “without a residence visa:
The immigration law as article 88 and paragraph 2 was introduced on 4 July 2007 “and amendments in 2012 and 2017 & 2019. Residence permits for employment purposes shall only be granted to third-country nationals who have a legal employment contract and are registered in Portugal’s Social Security System.
There are a few steps to obtaining temporary residence:
Step 1. Legal entry declares:
Foreign citizens entering the country from another Member State by way of a border not subject to control shall be required to report this fact to SEF (Portugal Immigration department). The declaration of entry is mandatory for foreign citizens to third-country nationals*within three working days after entry in Portugal. According to articles 14 &16 of act 23/2007 of 4 July and subsequent amendments. No further declaration requirements: Foreign citizen’s third-country nationals who entered Portugal by way of a border subject to control. Foreign citizens who are residents or visa holders are authorized to stay in the country for more than six months. After entering the country, foreign citizens stay in hotels or in other kinds of accommodation units that submit accommodation forms to SEF; Foreign citizens are covered by the EU legal framework or equivalent arrangements.
Step 2. NIF Number (tax Identity):
NIF number is also known as contribution number (Numero de Contribuinte) or personal tax number. A unique ID in Portugal which is issued by Finance & taxation department for correspondents not only taxpayers also related to contracts, opening bank accounts, sale, and purchase, to obtain any registration & Crown Portugal office has prepared information after analysis of the present data in Portugal resident status among others. To receive a NIF number, you have to be in the Finance department via physical or power of attorney representative with a valid ID document (Citizen’s Card or Passport), and declaration of the fiscal representative. NIF is issued at the moment you request it, through a standard report stating the period during which you receive your final tax Payer’s card. NIF number consists of a personal tax number that is valid for permanent and unlimited time for communication and correspondence with the tax authorities in Portugal, to obtain residence title or avail credit from any private and public bank the fiscal number so-called NIF contribution number (Numero de Contribuinte) or personal tax number.
Step 3. Accommodation confirmation letter:
The Junta de freguesia is the executive body of each municipality in Portugal that delivers the function for address confirmation after the requested valid local proof of accommodation or reference on behalf of two citizens. The correspondent address is obligatory (documentary proof) to later receive public and private institutions in Portugal. ➢ Junta de freguesia issues confirmation of the applicant’s address to the specific body as requested by the applicant. The document is valid for a maximum of three months from the issue date.
Step 4. Social Security Number:
One of the mandatory steps is to have a Social Security number for any expatriate/employee/who wants to work in Portugal. The social security number was issued by Segurança social institute. To apply for and obtain the Portuguese NISS social security number, you must present a copy of the employment contract certified by the hiring company. If the intention is ready to hire a foreign citizen, the contracting firm can issue a promise contract. Freelancers and self-employers can request a social security number without job offers. The competent authority issues a number within 90days after the required application for worker admission with Portugal’s social department.
Step 5. Employment contract and taxes:
The employment contract in Portugal is legislated under Portuguese labor law (articles 273– 275). The minimum working age is 16 years. From the age of 18 and a person can obtain an employment contract without completing school. There are several types of employment contracts. In 2018 the government increased the Portuguese monthly minimum wage from €557 to €580. by the end of the Crown Portugal office has prepared information after analyzing the present data in Portugal parliament in 2019, the government has pledged to raise Portugal’s minimum wage beyond €600 for the first time) & 635 Euro in 2020. the tax obligation consists of employer and employee including income tax and social security deductions from the salary or paid by the employer as under:
Employer (Company) pays 23.75%
Employee (worker) Pay 11.00%
Both calculated 34.75% in gross salary.
Step 6. SEF ENTRY (request for residency permit):
Application is 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 delegate along with supporting documents as under Passport or any other valid travel document. Evidence of regular entry in Portuguese territory as a such legal entry. Proof of sufficient means of subsistence (income or funds). Extract the criminal record from the country of origin. Extract from the criminal file from the state of residence for more than one year. Evidence that the candidate has adequate accommodation. (Junta) confirmation of having registered with Social Security, except in the case of a promised employment contract. Proof of registration in the tax authority, tax, and salary confirmation. Contract of employment or document issued under article 88, paragraph 2, subparagraph a) of Lawn—º 23/2007 of 4 July; or promised work.
Documents: Passport and visa – Entry proof – NIF Number – Social Security Number – Job Contract – JUNTA – a criminal record – social security payment receipt – confirmation letter from employer.
Step 7. Wait for an email from SEF:
Once submitted documents on SAPA Portal for the manifesto interest the MI number has been generated on the portal allowing you to live and work in Portugal.
Step 8. Visiting SEF for fingerprints:
After applying, SEF’s assessment further provides the user with the possibility to make the SEF Bureau appointment in SAPA Portal. The user is allowed to select a place, date, and time of his/her convenience. SEF may call for an interview or ask for additional documents.
Step 9. Residence card will deliver:
Collection of printed temporary residence cards delivers to your address reflected on your JUNTA certificate, which is issued by Junta de freguesia.