On the 30th of October, Regulatory Decree no. 4/2022 of the 30th of September, which amends the Legal Regime of Entry, Stay, Exit and Expulsion of Foreign Citizens in Portuguese territory, enters into force. The referred legal diploma materializes the novelties that had already been made known to us with the previous amendment to the Foreigners' Act on August 25th of this year.
On the 30th of October, Regulatory Decree no. 4/2022 of the 30th of September, which amends the Legal Regime of Entry, Stay, Exit and Expulsion of Foreign Citizens in Portuguese territory, enters into force.
The referred legal diploma materializes the novelties that had already been made known to us with the previous amendment to the Foreigners' Act on August 25th of this year.
In fact, with the intention of further promoting and settling immigrants in Portugal, the Government not only introduces new visa modalities but also takes measures to implement the Agreement on Mobility between the Member States of the Community of Portuguese-Speaking Countries (CPLP).
Thus, as far as the new visas are concerned, the following should be mentioned with special emphasis:
i) Work-seeker visa: this is a type of visa that entitles its holder to enter and remain in national territory, for a period of 120 days extendable for a further 60 days, for the sole purpose of seeking employment and, subsequently, applying for a residence permit.
ii) Residence visa for remote workers (digital nomads): this visa allows both subordinated workers and independent professionals whose activity is carried out remotely, to travel to Portugal in order to obtain a residence permit. For this purpose, applicants must prove their employment relationship or the provision of services, demonstrate through bank statements that their average remuneration over the last three months is equivalent to four national minimum wages (currently the national minimum wage is € 705.00) and also certify their tax residence.
Within the scope of the residence permit for nationals of countries belonging to the CPLP, the following novelties should be highlighted:
a) Waiver of SEF's prior opinion being, therefore, the visas preliminarily granted by the competent consular authorities.
b) Waiver of the need to prove means of subsistence (conditioned to the presentation of, for example, a statement of responsibility signed by a Portuguese citizen or foreigner residing in Portugal who guarantees food and accommodation for the visa applicant).
Finally, it is important to refer the amendment to the Family Reunification regime, which was long expected by all:
- If until then the visa applicant's family members could only start the process when the applicant was already in possession of his/her Residence Permit, with the new change introduced, residence visas may be requested simultaneously to accompany the visa applicant at the competent consular posts. This means that the family members of the visa applicant who are going to accompany him/her may also, and simultaneously with the applicant, request their residence visas at the competent consular posts.
Inês Carvalho Almeida: ica@lfadv.pt