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Legislation

Enabling Decree nº 6/2004 of 26 April

Decree-Law n° 244/98, of 8 August, with the wording given it by Decree-Law n° 34/2003, of 25 February, defines the new juridical regime for the entry, permanence, exit and removal of foreign nationals from Portugal.
The juridical regime must now be enabled to deal with the entry and exit of foreign nationals to and from Portugal, granting visas abroad and at border posts, extension of permanence, the right to family regrouping, granting and renewal of authorisations for residence and the accommodation bulletin.
It is in these areas that this law introduces some changes compared to the previous regulations, although the underlying philosophy remains much the same.
Firstly, an important change requires an understanding of the Portuguese language to be considered in assessing some types of visa and this may be a preferential factor when there is a limit to the number of visas granted. Introducing an understanding of Portuguese as a preferential factor in granting visas aims to strengthen relations with the nationals of States that are culturally closer to Portugal, as is the obvious case with those who are part of the Commonwealth of Countries whose Official Language is Portuguese, and also with immigrants from other countries who have already had some contact with the Portuguese language and culture.
Furthermore, the process of granting a residence visa for paid labour and the work visa type IV was substantially changed to make the process faster. Applications for work visas submitted to consulates are now accompanied by only a promissory contract of labour signed by both parties, with proof of the job offer in the Institute of Employment and Vocational Training (Instituto do Emprego e Formação Profissional -IEFP) and with proof of submission to the Inspectorate General of Labour (Inspecção Geral do Trabalho - IGT) to meet the r equirement referred to in n° 1 of Article 43 of Decree-Law n° 244/98, of 8 August, with the wording give it by Decree-Law nº 34/2003, of 25 February, that is, the demand for approval. To assess visa allocation, the Directorate General of Consular Services asks for reports from SEF to be able to assess the migratory risk and internal security, and from the IEFP to assess conformity with the report on work opportunities. It also asks the IGT for information on whether approval will be given or not.
Compared to the previous process, this system has the advantage of avoiding the compulsory succession of requests to the different bodies involved and their respective answers. With this new process, requesting the IGT for a report does not demand a response to be able to request the remaining reports, and the person concerned may go immediately to the consulate and request a visa with proof that the request for a report has been submitted to the IGT, with proof of a job offer in the IEFP and with the promise of a job. Later it will be the consulate that will ask SEF and the IEFP for reports and confirm that the approval of the IGT exists.
The conditions were also fixed that allow the holders of a temporary stay visa to accept paid labour and the respective requirements. The plan is to meet real job needs with those foreign citizens who, through family regrouping and reunion, already have a social and emotional link with Portugal, preferentially filling the needs envisaged in the twice-yearly report on labour opportunities.
It is also expected that the same twice yearly report on labour opportunities will not be applicable to the transfer of nationals from the countries in the World Trade Organisation, in the context of providing services in Portugal, in certain conditions. The forecast mentioned above forms the content of the negotiations between the European Union and the world Trade Organisation, given the name «Modo 4», and the aim is to honour the commitments assumed multilaterally to facilitate the movement of citizens involved in the provision of services.

It also lays down that foreign minors born in Portugal up until Decree-Law n° 34/2003, of 25 February, comes into force, and who have not been absent from the country, are dispensed from the need for a visa to obtain authorisation for residence. The same regime is applied to parents who have effective parental custody of the minor. This solution that only covers minors born prior to the above-mentioned law coming into force should resolve issues raised in legalising the situation of some of these children under Decree-Law nº 4/2001, of 10 January, until the respective enablement comes into force (Enabling Decree n° 9/2001, of 30 May) and by the restriction to this legalisation introduced by this decree.
Similar to what was envisaged in Article 7 of Enabling Decree nº 5-A/2000, of 26 April, with the wording given by Enabling Decree nº 9/2001, of 31 May, for visa applications submitted to diplomatic missions or consular offices, it is now compulsory for the applicant, as it is for applications made in Portugal for the purposes of extending permanence, to submit the application in person, except in exceptional circumstances.
Lastly, account is taken of foreign nationals who although not legalising their situation in compliance with the legal regime for entry, permanence, exit and removal of foreigners from Portugal, have registered with and have contributed to social security and to the tax authority, so that they are covered by the regime enshrined in nº 3 of Article 52 of Decree-Law nº 244/98, of 8 August. Similarly, and for the same purpose, situations are envisaged in which employers may fail to meet their legal obligations in handing in the sums deducted from workers’ salaries.
The same may also be covered by the regime enshrined in
n° 3 of Article 52 of Decree-Law nº 244/98, of 8 August, with a justified requisition made by those concerned and a favourable ruling from the Minister of Social Security and Labour.
The aim is in this way to follow on from the immigration policy of the XV Constitutional Government that is based on three fundamentals. Correct entry is seen as an essential condition for the real and effective integration of the immigrant community in Portugal, as a factor in social, cultural and economic development while at the same time combating criminal networks trafficking in humans.
The National Commission for Data Protection was heard, in the terms of Law n° 67/98, of 26 October.
Hence:
In the terms of sub-paragraph c) of Article 199 of the Constitution, the Government hereby decrees the following:

CHAPTER I

Entry to and exit from Portugal

Article 1.º

Duty to inform

For the purpose of applying the regime envisaged in nº 2 of Article 10 of Decree-Law n° 244/98, of 8 August, carriage companies are responsible for informing the passengers who use the domestic leg of a flight that originates in or is bound for countries that have not undersigned the Application Convention of the Schengen Agreement that they will be subject to a border control and must be in possession of a travel document:

Article 2.º

Validity of the travel document

For the purposes of entering and exiting Portugal, the validity of the travel documents submitted should exceed the duration of the planned stay by at least three months, except in the case of a foreign national resident in the country re-entering Portugal or in the exceptional cases envisaged in n° 3 of Article 18 of this law.

Article 3.º

Written proof of responsibility

  1. The means of subsistence demanded for the entry and permanence of foreign nationals in Portugal may be dispensed with if written proof of responsibility is issued by a Portuguese citizen or by a foreign national who holds a residence permit, authorisation for permanence or a valid visa for work, study or temporary stay, who guarantees sustenance and accommodation for the person concerned during their stay, although other means of proof may also be requested.
  2. In the case envisaged in the previous number, the border authority may only accept written proof of responsibility against proof of the financial capacity of the person under- signing it.
  3. The form for written responsibility is produced in the model approved by the Director-General of SEF.

Article 4.º

Authorisation for exit of minors

The signature authorising the exit of non-accompanied minor, signed by whoever has parental custody, may be recognised by any administrative authority, as laid down in the ruling in Decree-Law n° 135/99, of 22 April, without prejudice to the provisions in Notary Law.

Article 5.º

Verifying the authenticity of documents

The authorities competent to issue documents should provide SEF with duplicates of applications for granting or issuing these documents, making the inquiry into the respective process available whenever justified.

Article 6.º

Liability of carriers

  1. The carrier, whenever notified in the terms of n° 3 of Article 22 of Decree-Law n° 244/98, of 8 August, is liable for paying all costs incurred with the stay of the foreign national in the respective international zone until the time that person is re-embarked.
  2. The costs mentioned in n° 4 of Article 21 of Decree-Law nº 244/98, of 8 August, include, besides the fixed charge, the corresponding expenses, adequate personal insurance, transport, accommodation and all costs arising directly from escorting the person concerned
  3. The regime referred to in the previous number applies to situations in which the carrier requests an escort, providing SEF agrees.

CHAPTER II

VISAS

SECÇÃO I

Visas granted abroad

Article 7.º

Visa application

  1. The visa application that under applicable legislation must be submitted to a diplomatic mission or consular office is made on a specific form for the purpose, signed by the applicant and accompanied by all necessary documentation.
  2. The application should be submitted by the applicant in the country of usual residence or in the country of the area of consular jurisdiction of the State of the applicant's residence, unless there are acceptable reasons against this.
  3. When the applicant is under-age or incapacitated, the visa application should be signed by the respective legal representative.
  4. In exceptional cases, that are duly justified, the person responsible for the diplomatic mission or consular office may dispense with the presence of the applicant, the reasons for this dispensation being entered on the application form.

Article 8.º

Items and information accompanying application

The following information must be given in the visa application:

  1. Two identical, recent, passport-type photographs, in colour on a plain background, in good condition for identification of the applicant.
  2. Complete identification of the applicant and, should the applicant be the holder of a family or collective passport, of the spouse, dependents or of the members of the group mentioned in them and who wish to benefit from the visa.
  3. The type, number, date and place of issue and validity of the travel document and identification of the issuing authority.
  4. The objective of the stay.
  5. The length of stay.

Article 9.º

Examination of visa application

  1. Without prejudice to the specific documents demanded for each type of visa, applications are accompanied by the following documents:
    1. Certificate of criminal record issued by the competent authority in the country of the nationality of the applicant or of the country in which the applicant has resided for more than one year, whenever the requested stay is for longer than 90 days.
    2. Medical attestation and health insurance, whenever the requested stay is for longer than 90 days.
    3. Proof of conditions of accommodation, bearing in mind the nature of the type of visa requested.
    4. Proof of means of subsistence, bearing in mind the nature of the type of visa requested.
  2. The documents described in sub-paragraphs c) and d) of n° 1 may be dispensed with for holders of diplomatic, special or official duty passports
  3. When the visa application is for a minor under the age of 18 subject to paternal custody or incapacitated, the respective authorisation must always be submitted.
  4. Applicants may be exempt from submitting a health insurance when they can prove it is impossible to obtain, but they must take out such an insurance within a period of 90 days after their entry to Portugal.

Article 10.º

Stopover and transit visa

  1. The application for a stopover or transit visa should be accompanied by a copy of the transport ticket to the country of final destination, as well as by proof that the passenger has the necessary entry visa for that country, whenever such a visa is demanded.
  2. The applicant for a transit visa must give proof of sufficient means of subsistence, both for the period of the stay and for the trip to the country in which admission is guaranteed. These means must be checked against the amounts fixed in n° 2 of Article 14 of Decree-Law n° 244/98, of 8 August.

Article 11.º

Short-term visa

  1. The application for a short-term visa should be accompanied by the outgoing and incoming travel reservation, proof of the objective and conditions of stay planned and, when it is a trip to visit family, proof of the family connection and the status of national citizen, legal resident, holder of a long-term visa or authorisation for permanence in Portugal.
  2. For the purpose of the ruling in the previous number, the visas envisaged in sub-paragraphs d), e), f) and g) of Article 27 of Decree-Law n° 244/98, of 8 August are considered long-term visas.
  3. The applicant must give proof of sufficient means of subsistence for the stay, the amount of which should be checked against the amounts fixed in the ordinance envisaged in n° 2 of Article 14 of Decree-Law n 244/98, of 8 August.

Article 12.º

Residence visa

  1. The application for a residence of visa is accompanied by a declaration from the applicant regarding the purpose of the stay.
  2. Proof of means of subsistence may be given in the following ways:
    1. The retired foreign national should provide a document proving a pension is received and the respective amount, as well as a guarantee of its payment in Portugal;
    2. The foreign national living on income from property or non-property assets or from intellectual property, should provide a document proving the existence and the amount of such income, as well as it being available in Portugal;
    3. The foreign national living on income from financial investments should provide a document proving the existence of the respective income;
    4. The foreign national whose intention it is to become established to practise an independent profession should provide a document proving registration of the foreign investment operation and a document proving he or she has the qualifications to exercise this profession in Portugal and, when demanded, a declaration from the respective professional order to say this applicant meets their requirements for enrolment, when this is demanded by the Portuguese legal order.
  3. Proof of means of subsistence and conditions of accommodation are not demanded from applicants for visas whose requests are submitted following approval for family regrouping.
  4. Submission of the application for a residence visa to accept paid labour is subject to the ruling in Article 14 of this law.

Article 13.º

Study visa

  1. The application for a study visa envisaged in sub-paragraph a) of n° 1 of Article 35 of Decree-Law n° 244/98, of 8 August, is accompanied by proof of enrolment in an officially recognised teaching establishment or a guarantee of attendance at the same establishment.
  2. The application for the study visa envisaged in sub-paragraph b) of n° 1 of Article 35 of Decree-Law n° 244/98, of 8 August is accompanied by proof issued by the institution competent to attribute the academic level or recognise the scientific interest of research work.
  3. The application for the study visa envisaged in sub-paragraph c) of n° 1 of Article 35 of Decree-Law n° 244/98, of 8 August is accompanied by proof issued by the body in charge of administering the respective training courses.
  4. The application for the study visit envisaged in sub-paragraph d) of n° 1 of Article 35 of Decree-Law n° 244/98, of 8 August is accompanied by the training programme and, when required, the training contract, the coarse programme, the certificates that successful completion of the course awards and the certification of instructors administering the respective training course.
  5. Applicants for a study visa should submit the document proving income is available in Portugal or, in the case of student grant holders, proof of the existence of the respective grant.
  6. Submission of the document proving that the applicant is receiving a study grant dispenses with the need for proof of possession of means of subsistence.
  7. The holder of a study visa who wishes to work on a complementary basis should file a request with SEF, accompanied by the labour contract, previously filed with the General Inspectorate of Labour.

Article 14.º

Work visa

  1. The application for work visas types I and II is accompanied by the promissory contract of labour or the provision of services, signed by both parties, and, when applicable, proof that the applicant is qualified to do the respective work.
  2. The application for work visas type II is also accompanied by a document issued by the body under the Ministry of Science and Higher Education, that may be dispensed with in the following cases:
    1. When proof is submitted with the contract that it was signed and financed under a programme approved by an international organisation recognised by Portugal;
    2. When the contract is signed with an entity on the list of public and private entities with which the Ministry of Science and Higher Education recognises the capacity to conduct research, and that is sent to the Directorate-General of Consular Affairs and Portuguese Communities.
  3. The application for a type II visa for highly qualified work should be accompanied by a document attesting to this fact, issued by a body under the ministry competent in the area covering this type of work.
  4. The application for a type III visa is accompanied by the promissory contract for the provision of services signed by both parties, by prove that the applicant is qualified for the work involved in the provision of services and a declaration from the respective professional order that the applicant meets the respective requirements for enrolment, when such are demanded by the Portuguese legal order.
  5. The application for a type IV work visa is accompanied by a promissory contract of labour signed by both parties, proof of submission of the job offer in the Institute of Employment and Vocational Training and proof of submission to the IGT of the requirements referred to in n° 1 Article 43 of Decree-Law n° 244/98, of 8 August.
  6. The requirement referred to in the previous number should be accompanied by the documents required to prove that none of the situations described in n° 3 of Article 43 of Decree-Law n° 244/98, of 8 August are verified, at the risk of the same not being admissible.
  7. To assess whether type IV work visas can be granted, the DGACCP requests reports from both SEF and the IEFP to determine the migratory risk and internal security through SEF, and conformity with the report on labour opportunities through IEFP, and also from the IGT for the purposes of the ruling in n° 3 of Article 14 of Decree-Law n° 244/98, of 8 August.
  8. 30 days are allowed in which to issue the reports mentioned in the previous number, and the DGACCP may be requested to extend this or suspend it.
  9. The failure to issue a report, or in the absence of a request to extend or suspend it, is understood to mean the report is favourable.
  10. After the visa has been issued, the DGACCP will notify the IEFP monthly of the visa situation referred to in n° 5 of this Article for the purposes of the ruling in n° 2 of Article 41 of Decree-Law n° 244/98, of 8 August.

Article 15.º

Dispensation from work visa

  1. Nationals of third countries who are employed on a regular and habitual basis in a company established in a member state of the European Union who, retaining the respective labour bond, travel to Portugal to provide services, do not require a work visa.
  2. The nationals referred to in the previous number should, within three days after entering Portugal, make a declaration to SEF on their entry, in the terms of Article 26 of Article 26 of Decree-Law n° 244/98, of 8 August.
  3. On submission of proof of the circumstances mentioned in n° 1 of this article, permanence is validated in the terms of n° 1 of Article 52 of Decree-Law n° 244/98, of 8 August, for the duration of the time placed in Portugal.

Article 16.º

Temporary stay visa

  1. The application for a temporary stay visa envisaged in sub-paragraph a) of n° 1 of Article 38 of Decree-Law n° 244/98, of 8 August, is accompanied by a medical report confirmed by the public health authority of the country of origin, proving that the applicant has hospitalisation or out-patient treatment assured in a duly certified public or private establishment.
  2. The application for a temporary stay visa envisaged in sub-paragraph b) of n° 1 of Article 38 of Decree-Law n° 244/98, of 8 August, is accompanied by proof of the family relationship claimed, approved in agreement with the list in Article 57 of the same law, as well as proof of the purpose of the stay of the person to be accompanied.
  3. The application for a temporary stay visa envisaged in sub-paragraph c) of n° 1 of Article 38 of Decree-Law n° 244/98, of 8 August, may only be granted after one year has elapsed since the date of granting authorisation for permanence to the member of the family, issued depending on proof of the family relationship claimed, approved in agreement with the list in Article 57 of the same law, as well as proof of the purpose of the stay of the person to be accompanied.
  4. The application for a temporary stay visa envisaged in sub-paragraph d) of n° 1 of Article 38 of Decree-Law n° 244/98, of 8 August, is accompanied by prove of exceptional circumstances.
  5. Applicants must submit a document proving that payment of the respective costs is guaranteed.

Article 17.º

Submission of application

Submission of the application for a visa may give rise to a stamp being placed in the applicant's passport containing information regarding the date or consular office in which the visa was requested, except in the cases of diplomatic or service passports.

Article 18.º

Examination of application

  1. In examining the application, the consular authority must:
    1. Prove the identity of the applicant;
    2. Check whether the applicant is listed for the purpose of non-admission in the Schengen Information System;
    3. Check the regularity, authenticity and validity of the travel document submitted by the applicant, bearing in mind, in the latter case, that this must exceed the closing date of permanence indicated on the visa by at least three months, bearing in mind the period for its use;
    4. Prove that the travel document allows the applicant to return to the country of origin or enter a third country;
    5. Check the existence and validity of authorisation for exit or of a return visa to the country of origin, whenever this formality is requested by the competent authorities, the same procedure being observed for authorisation of entry to a third country;
    6. Confirm whether the travel document is recognised and valid for all countries undersigning the Application Convention of the Schengen Agreement, except when the visa requested is valid for only one or several of the contracting parties, in which case recognition by the competent authorities is sufficient;
    7. Confirme whether the social and economic situation of the applicant and the duration of stay are adequate for the cost and objectives of the trip, except in the case of written proof of responsibility envisaged in Article 3 of this law;
    8. In the exceptional situations envisaged in n° 2 of Article 7 of this law, check the reasons the applicant claims for submitting the application in a country different to that in which he or she usually lives and whether this applicant is found their regularly, whenever necessary making a prior enquiry through the respective central authorities;
    9. Demand that all information required to clarify any doubts regarding the information on the application be given, namely medical and legal expert opinions proving parental relationships claimed;
    10. Check whether the applicant has travelled to Portugal on previous occasions and if on these trips the authorised permanence was exceeded or not;
    11. Issue the respective report with due grounds.
  2. The competent consular authority may, at any stage in the process, demand that the applicant be present at the diplomatic mission or consular office, to obtain information considered useful for examining the application decision.
  3. For emergency reasons of a humanitarian nature, or for reasons of national interest, a waiver may be granted to the ruling in sub-paragraph c) of n° 1, and in exceptional cases visas may be placed in travel documents that have a validity period of no longer than three months, providing that the validity of the document is always for longer than that of the visa and the guarantee of return is not compromised.
  4. In assessing type IV work visas and residence visas for taking up paid work, an understanding of Portuguese should be taken into consideration, and this may be a preferential factor when the number of visas allocated is restricted.

Article 19.º

Initial refusal of application

The consular authority should refuse initially applications that are not accompanied by the documents demanded or that are not sufficiently justified.

Article 20.º

Prior consultation

  1. Whenever granting a visa depends on consultation with SEF, the person responsible for the diplomatic mission or the consular office returns the process, duly accompanied by the required documents and by the respective report on its admissibility, through the Foreign Ministry.
  2. The Director-General of SEF is responsible for implementing the ruling in sub-paragraphs a) and b) of n° 1 of Article 40 of Decree-Law number 244/98, of 8 August, and may delegate this responsibility.
  3. The prior consultation envisaged in n° 5 of Article 40 of Decree-Law n° 244/98, of 8 August, is done by the Foreign Ministry, directly to the Department for Information and Security, and SEF must be informed whenever the report refuses admission to Portugal to the foreign national.

Article 21.º

Competency

The person responsible for the embassy, consular section or consular office is responsible for granting visas and, if this person is absent or prevented from his duties, by the respective legal replacement.

Article 22.º

Granting visas

  1. Visas are granted in the valid travel documents issued by the competent authorities of States or entities recognised by Portugal or by the international organisations of which Portugal is a part.
  2. The length of permanence authorised by the visa is conditioned by the ruling in sub-paragraph c) of n° 1 of Article 18 of this law, without prejudicing the waiver established in n° 3 of the same article.
  3. The validity of the visa granted to family members accompanying the holders of a study or temporary stay visa or authorisation for permanence may not exceed the validity of the visa or authorisation for permanence of the family member accompanied.
  4. The Foreign Ministry may, in exceptional circumstances, authorise the visa to be placed on a separate sheet, which should always accompany the travel document.

Article 23.º

Issuing time for consular visas

At the risk of expiring, consular visas should be issued within 90 days after they have been granted.

Article 24.º

Report on visas granted

  1. Consular offices send a monthly report on visas granted to the competent services of the Foreign Ministry.
  2. The report referred to in the previous number lists the name, nationality, type of visa, number and type of passport, validity of visa, length of permanence and prior consultation.
  3. Proof of use of stickers or stamps in granting visas should be placed on the report.
  4. Stickers and stamps that have been rendered useless should accompany the report referred to in the previous numbers.
  5. The processes for authorised visas for study, work and temporary stay without prior consultation should be sent monthly to SEF, expressly mentioning the domicile indicated in Portugal.

Article 25.º

Archive filing

Forms and accompanying documents must be kept for a minimum of two years in the case of the requested visa being issued, and for five years should the visa be refused.

SECÇÃO II

Visas granted at border posts

Article 26.º

Transit and short-term visas

  1. Granting transit and short-term of visas in the terms of n° 1 of Article 48 of Decree-Law n° 244/98, of 8 August, must be checked, if possible against documented proof of the unforeseen reasons that prevented the applicant from presenting the necessary visa.
  2. Issuing the visas referred to in the previous number implies placing the visa model stamp in the travel documents of the applicant

Article 27.º

Special visa

  1. The special visa envisaged in Article 49 of Decree-Law n° 244/98, of 8 August, is issued in a visa-type stamp, placed in the respective travel document.
  2. Should the passenger have no valid travel document, the stamp referred to in the previous number is placed on its own printed form.
  3. The special visa is valid for entry to Portugal and allows the holder a stay of up to 15 days.

CHAPTER III

Permanence

Article 28.º

Study visa

Without prejudice to the specific documents demanded for each type of extension, applications are accompanied by the following means of proof:

  1. Recognised, valid travel document;
  2. Proof of objective of stay, bearing in mind the nature of the type of extension requested;
  3. Proof of means of subsistence, bearing in mind the nature of the type of extension requested;
  4. Proof of conditions of accommodation, bearing in mind the nature of the type of extension requested;
  5. Certificate of criminal registration whenever the requested stay is for longer than 90 days;
  6. Health insurance or proof that the person is covered in Portugal by a social security system.

Article 29.º

Extension of permanence

  1. Extension of permanence in the terms of n° 1 of Article 52 of Decree-Law n° 244/98, of 8 August, may be granted if the reasons that justified admitting the foreign national to Portugal remain.
  2. Should a new fact have occurred after regular entry to Portugal, in exceptional circumstances an extension of permanence may be granted in the terms of n° 3 of Article 52 of Decree-Law n° 244/98, of 8 August, and the application must be accompanied by the documents described in the previous number, as well as the proof demanded on the purpose underlying the application for extension and proof of the situation of regular permanence.
  3. The application referred to in the previous number is assessed bearing in mind:
    1. Humanitarian reasons;
    2. Reasons of force majeure;
    3. Acceptable personal or professional reasons
  4. Extension of permanence with validity for the States that are party to the Application Convention of the Schengen Agreement depends on verifying the requirements referred to in n° 2 of this article and whether the visa is valid, and the reason for the same may not be changed.

Article 30.º

Extension of permanence in special cases

  1. Extension of permanence in the terms of n° 2 of Article 53 of Decree-Law n° 244/98, of 8 August, may take place in exceptional circumstances, the application being accompanied by the documents listed in Article 28 of this law, as well as proof demanded on the purpose for the application for extension and proof of the situation of regular permanence, and it is assessed bearing in mind the existence of:
    1. Humanitarian reasons;
    2. Reasons of force majeure;
    3. Acceptable personal or professional reasons.
  2. The application is accompanied by the following items:
    1. Document proving family relationship;
    2. Document proving permanence permit of family member;
    3. Proof of justification claimed.
  3. Extension of permanence in the terms of n° 6 of Article 53 of Decree-Law n° 244/98, of 8 August, may be granted in exceptional circumstances, and the application must be assessed bearing in mind:
    1. Humanitarian reasons;
    2. Reasons of force majeure;
    3. Acceptable personal or professional reasons.

Article 31.º

Extension of short-term stays

  1. The application to extend permanence of a holder of a transit visa is accompanied by the following items of proof:
    1. Original and copy of the transport tickets to the country of final destination;
    2. Visa, when demanded, for the country of final destination.
  2. The application to extend the permanence of the holder of a short-term visa, and for nationals exempt from the visa for short-term stays, is made on a specific form and is accompanied by the following items of proof:
    1. Reservation for return trip;
    2. When on a family visit, proof of the respective family tie, as well as the status of the national citizen, legal resident, holder of authorisation for permanence or the long-term visa of the family member.
  3. The transit visa permits only one extension in the terms of sub-paragraph a) of n° 1 of Article 53 of Decree-Law n° 244/98, of 8 August.

Article 32.º

Extension of special visas

  1. The application to extend permanence of the holder of a special visa is assessed verifying that the humanitarian reasons or national interest that justified the visa being granted still exist, confirmed by the agent that issued the same.
  2. The visa extension is granted in the travel document or form described in n° 2 of Article 27 of this law.

Article 33.º

Extension of study visas

  1. The application to extend the permanence of the holder of a study visa is accompanied by the following items of proof:
    1. Proof of enrolment in an officially recognised teaching establishment and a declaration on school results in the cases envisaged in n° 2 of Article 35 of Decree-Law number 244/98, of 8 August;
    2. Proof issued by the institution competent to attribute academic level or to recognise the scientific interest of the research work;
    3. Proof issued by the entity in charge of administering the respective training courses and, if necessary, certification of the respective instructors;
    4. Proof of social security status when the holder of the visa works in addition to studies.
  2. The extension of the study visa envisaged in n° 1 of Article 35 of Decree-Law n° 244/98, of 8 August, is restricted to the time required to conclude the programme of studies, research work, training course or to acquire a professional qualification.

Article 34.º

Extension of work visas

  1. The application to extend the permanence of the holder of a work visa is accompanied by the following items of proof:
    1. Copy of the labour contract, in the case of paid labour, or the contract for provision of services;
    2. Declaration proving the existence of a labour relationship;
    3. Copy or duplicate of the individual tax declaration for the previous financial year;
    4. Table of payments to Social Security or the documented proof replacing it;
    5. Labour contract, in the case of a change in employer, which the IGT has received or of which it has been notified.
  2. Extension of permanence is only granted, if on the date of the application, the holder is employed.
  3. In cases in which the holder of the work visa, on the date of application, is involuntarily unemployed, the extension may be given for up to 60 days, if in the meantime it can be proved that the applicant is once again in employed.

Article 35º

Extension of temporary stay visa

  1. The application to extend the permanence of the holder of a temporary stay visa is accompanied by the following items of proof:
    1. Proof that the applicant continues to receive medical treatment and has hospitalisation or out-patient treatment assured, when the application refers to the visa granted in the terms of sub-paragraph a) of n° 1 of Article 38 of Decree-Law n° 244/98, of 8 August;
    2. Proof of the parental relationship claimed, interpreted in agreement with the list in Article 57 of Decree-Law n° 244/98, of 8 August, and the purpose of the stay of the person to be regrouped, when the application refers to the visa granted in the terms of sub-paragraph b) of n° 1 of Article 38 of the same law;
    3. Proof of the parental relationship claimed, interpreted in agreement with the list in Article 57 of Decree-Law n° 244/98, of 8 August, and the purpose of the stay of the person to be regrouped, when the application refers to the visa granted in the terms of sub-paragraph c) of n° 1 of Article 38 of the same law;
    4. Proof that the same exceptional situation that justified granting the visa continues, when it is a question of extending the visa granted in the terms of sub-paragraph d) of n° 1 of Article 38 of the same law.
  2. Applications to extend the stay of holders of a temporary stay visa authorised to accept paid employment should also be accompanied by the means of proof referred to in the previous article.

Article 36º

Employment for the holder of a temporary stay visa

  1. Paid employment for the holder of a temporary stay visa depends on proof that circumstances have occurred after entry to Portugal that justifies the need to work.
  2. For the purposes of the ruling in the previous number, paid employment is restricted to those persons meeting all of the following requirements:
    1. Regular entry to Portugal at least six months earlier;
    2. Occurrence of the new fact after regular entry to Portugal that justifies the need to increase the financial means of subsistence of the family.
  3. For humanitarian reasons that are duly proved the requirements envisaged in sub-paragraph a) of the previous number may be dispensed with.
  4. The application for the recognition of exceptional circumstances is submitted to the regional services of SEF in the area of residence.
  5. Acceptance of the application referred to in the previous number does not allow the applicant to except paid employment, as this depends on the later submission to SEF of the draft labour contract once this has been approved by the IGT.
  6. Nationals from countries with which Portugal has signed agreements on work-holidays whose entry has been authorised as laid down in these agreements are dispensed with the requirements referred to in n° s 1, 2, 4 and 5 of this article.
  7. The charge fixed by ordinance in the terms of Article 138 of Decree-Law n° 244/98, of 8 August, must be paid when authorisation is granted for paid employment in the terms of this article.

Article 37º

Change of job

  1. Holders of a work, study and temporary stay visa authorized to accept employment in the terms of this law should inform the IEFP beforehand of the intention to change their job so that this can be checked for conformity with the report envisaged in Article 36 of Decree-Law n° 244/98, of 8 August.
  2. Apart from the cases envisaged in n° 3 Article 41 of Decree-Law n° 244/98, of 8 August, when the holder of the visa wishes to except employment that does not appear in the report or that exceeds the number of vacancies envisaged there, the IEFP informs the person concerned that the change referred to in the previous number is impossible.
  3. All notification on the changes in professional activities should be made by the IEFP to SEF for the purpose of assessing whether the reasons that gave rise to granting the visa still exist.

Article 38º

Application and way in which applications for extension are granted

  1. All applications for extension envisaged in this chapter are made on a specific form, accompanied by two recent identical passport photographs, in colour on a plain background, in good condition for identification, and a charge is paid in the terms envisaged in Article 138 of Decree-Law n° 244/98, of 8 August.
  2. Extension of permanence is granted in the form of a self-sticking label in a model approved by Ordinance n° 1025/99, of 22 November.

Article 39º

Validity limit

Extension of permanence granted to the members of the family is limited to the validity of the permanence permit of the family member.

CHAPTER IV

Report on job opportunities

Article 40º

Report on job opportunities

  1. In the report referred to in Article 36 of Decree-Law n° 244/98, of 8 August, the forecast of job opportunities in each business sector is broken down into professional activity and is used to establish an imperative maximum annual limit of type IV work visas to be granted to nationals from third States to take up paid employment.
  2. The report is approved in a resolution of the Council of Ministers and remains in force for two years counting from the date of its publication or until the annual report comes into force, if the numbers in it have not been fully filled.
  3. Without prejudice to the ruling in the previous number, implementation of the report may be totally or partially suspended, in a resolution from the Council of Ministers, whenever labour market conditions, that underlie the preparation of the report, change significantly.
  4. The priority granted to Community workers, as well as to non-Community workers with legal residence in Portugal, through ruling n° 1 of Article 41 of Decree-Law n° 244/98, of 8 August, is considered in force whenever the report on job opportunities is in force.
  5. For the purposes of the ruling in n° 2 of Decree-Law n° 244/98, of 8 August, jobs are considered to be filled when the respective type IV work visa is granted to beneficiaries of the job offers on which the reports were issued.

Article 41º

Exception regime

  1. The report referred to in the previous article is not applicable to the transfer of nationals from the member countries of the World Trade Organisation, in the context of provision of services in Portugal, in the following conditions:
    1. The transfer has to be made between the establishments of the same company, with the establishment located in Portugal providing the same services as those provided by the establishment from which the foreign national has been transferred;
    2. The transfer must involve partners or salaried workers, with the company for at least one year, in the establishment located in another member state of the World Trade Organisation, that are included in one of the following categories:
      1. Those who, with management authority, work as upper managers in the company and are responsible essentially for managing an establishment or a department, receiving their general guidelines from the board of directors;
      2. Those who have specific technical knowledge that is essential to the business, to the research equipment, techniques or management of the same.
  2. The ruling in n° 4 of Article 18 of this law is not applicable to the situations envisaged in the previous number.

CHAPTER V

Family regrouping and reunion

Article 42º

Examination of application

  1. The national resident in Portugal for at least one year who wishes to benefit from the right to family regrouping submits the respective application to the regional services of SEF in the area of residence. The application should contain the identification of the applicant and the members of the family to which the application refers.
  2. The application is accompanied by the following documents:
    1. Duly ratified proof of the family ties claim and, when necessary, the other requirements envisaged in Article 56 of Decree-Law n° 244/98, of 8 August;
    2. Ratified copies of documents identifying the family members of the applicant;
    3. Proof of adequate accommodation and sufficient means of subsistence to meet the needs of the respective family.
  3. Should any doubt arise, proof of parental ties, such as medical or legal expert opinion, may be demanded.
  4. Whenever necessary, SEF should request and obtain reports, information and other forms of proof envisaged in n° 3 of Article 40 of Decree-Law n° 244/98, of 8 August.
  5. In the case envisaged in n° 1 of Article 56, of Decree-Law n° 244/98, of 8 August, the examination of the application by SEF counts, for all legal purposes, as a prior enquiry in the terms of sub-paragraph a) of n° 1 of Article 40 of the same law.
  6. The time requirement envisaged in n° 1 may be dispensed with for residents whose right to residence has been acquired under the ruling in sub-paragraphs l), m) and n) of n° 1 of Article 87 of Decree-Law n° 244/98, of 8 August.

Article 43º

Competency

  1. The decision on the application worded in the terms of Article 56 of Decree-Law n° 244/98, of 8 August, is the competence of the regional directors of SEF, who may in turn delegate this authority.
  2. Whenever possible, but in all cases within nine months counting from the date on which the application is submitted, the regional director of SEF should notify the applicant, in writing, of the decision taken.

Article 44.º

Notification of approval

  1. The Foreign Ministry is notified of the acceptance of the application worded in the terms of n° 1 of Article 56 of Decree-Law n° 244/98, of 8 August, and this determines that the residence visa is granted urgently without the prior enquiry envisaged in sub-paragraph a) of n° 1 of Article 40 of the same law, unless facts are verified that, had they been known by the competent authority, would have prevented recognition of the right to family regrouping.
  2. The notification envisaged in the previous number is accompanied by certified copies of the documents submitted, information and the final ruling in the process examined by SEF, as well as by copies of the documents identifying the family members of the applicant.
  3. The holder of the right to family regrouping is notified of the decision to approve the application within a period of eight days, and is informed that his or her family members should go to the diplomatic mission or consular office in their respective area of residence, within 60 days, to complete the formalities of the application for a residence visa, which should be given priority treatment.
  4. Notification made in the terms of the previous number is accompanied by a copy of the notification sent to the Foreign Ministry.
  5. Failure to submit the application for a residence visa in the terms of n° 3 of this article implies applying the regime envisaged in Articles 39 and 40 of Decree-Law n° 244/98, of 8 August.

Article 45.º

Regrouping nationals who are the family members of holders of authorisation for permanence

The rules envisaged in the previous articles are applicable, with the necessary adaptations, to regrouping family members with the members of their family who are holders of authorisation for permanence as envisaged in sub-paragraph c) of n° 1 of Article 38 of Decree-Law n° 244/98, of 8 August.

CHAPTER VI

Authorisation for residence

Article 46.º

Granting authorisation for residence

  1. Applications for authorisation for residence are signed by the applicant or, when the applicant is a minor under the age of 10, or incapacitated, by the legal representative, and they must be submitted to the regional directorate of SEF in the area of residence of the person concerned.
    1. Passport or other valid identification document.
    2. A valid residence visa, unless this is dispensed with;
    3. Proof of means of subsistence;
    4. Proof of accommodation conditions;
    5. Document proving parental ties, when justified;
    6. Certificate of consular enrolment.
  2. The application for authorisation for residence is accompanied by the following documents:
  3. In case of doubt, additional proof of family ties through medical or legal expert opinions may be demanded.
  4. The ruling in n° 1 and in sub-paragraphs c) and d) of n° 2 is applicable to applications for authorisation for permanent residence, and the applications must be accompanied by a certificate of criminal record and a copy of the duplicate of the personal tax declaration form for the previous financial year.

Article 47.º

Renewal of authorisation for residence

  1. Applications for renewal of authorisation for residence are signed by the applicant or, when the applicant is a minor under the age of 10 or incapacitated, by the legal representative, and they must be submitted to the regional directorate of SEF in the area of residence of the person concerned.
  2. The application to renew authorisation for residence in the terms of Article 91 of Decree-Law n° 244/98, of 8 August, is accompanied by the following documents:
    1. Proof of means of subsistence;
    2. Certificate of criminal record;
    3. Proof of conditions of accommodation.
  3. For the purposes of applying sub-paragraph c) of n° 2, of Article 91 of Decree-Law n° 244/98, of 8 August, the ruling in sub-paragraph b) of n° 1 of Article 85 of the same law is used, with the necessary adaptations.
  4. The residence permit issued to the family member of the holder of authorisation for temporary residence, under the ruling in n° 2 of Article 58 of Decree-Law n° 244/98, of 8 August, is renewed with the same validity as that of the resident, having ascertained that during this period the family ties have been maintained for a period of two years by submitting the most recent certificate of marriage or birth.
  5. The applications mentioned in n° 1 are registered and the counter-foil given to the person concerned proving the application has been submitted and is valid for 60 days.

Article 48.º

Change in identification information

  1. Renewal of the residence permit due to changes in the identification information does not alter the validity period of the same.
  2. For the purposes envisaged in the previous number, the foreign national resident in Portugal should give proof of the change in identification information.

Article 49.º

Replacement residence permit

  1. A replacement residence permit may be requested should the original be in a poor state, lost, destroyed or stolen, unless it is renewed, in the terms of n° 2 of Article 83 or n° 2 of Article 84 of Decree-Law n° 244/98, of 8 August.
  2. The application complies with the ruling in n° 1 of Article 46 and is accompanied by a declaration on the grounds for replacement and, in the case of theft, by a copy of the respective report to the police authority.
  3. The application is accompanied by two recent, identical passport-type photographs of the applicant, in colour against a plain background and in good condition for identification.
  4. If there is any doubt as to the identity of the applicant, or on the legitimacy of the application, the replacement permits may be approved or refused after additional proof has been provided.

Article 50.º

Competency

The regional directors of SEF are competent to grant and renew authorisation for residence, and they may delegate this responsibility.

Article 51.º

Cancellation of authorisation for residence

Authorisation for residence in the terms of sub-paragraph a) of n° 2 of Article 93 of Decree-Law n° 244/98, of 8 August, will be cancelled when in the respective procedure there is proof that the marriage was contracted with the sole purpose of allowing the beneficiary of family regrouping entry and legal residence in Portugal.

Article 52.º

Examination

In examining all of the processes envisaged in this chapter, SEF will take all the steps considered necessary.

Article 53.º

Decision and notification to grant authorisation and renewal

  1. SEF decides on granting authorisation for residence and its renewal within 60 days and 30 days, respectively.
  2. When the decision envisaged in the previous number is a refusal it only becomes effective once the applicant has been notified
  3. The High Commissioner for Immigration and Ethnic Minorities is notified of the final decision not to renew authorisation for residence, as is the person concerned.

Article 54.º

Granting authorisation for residence when residence visa dispensed with

  1. The application for authorisation for residence, where a visa is dispensed with, in the terms of Article 87 of Decree-Law n° 244/98, of 8 August, is accompanied by the following documents:
    1. Passport or other valid identification document;
    2. Certificate of criminal record, when dealing with those over the age of 16;
    3. Proof of means of subsistence;
    4. Proof of conditions of accommodation.
  2. The application for authorisation for residence, in the terms of sub-paragraph a) of n° 1 of Article 87 and Article 89 of Decree-Law n° 244/98, of 8 August, is also accompanied by the following documents:
    1. Birth certificate of minor;
    2. Proof of residence status of both or of one of the parents.
  3. The application for authorisation for residence in the terms of sub-paragraph b) of n° 1 of Article 87 of Decree-Law n° 244/98, of 8 August, is also accompanied by the following documents:
    1. Document proving parental relationship;
    2. Proof of residence status for nationals of States that are parties to the Agreement on the European Economic Area or of the Swiss Confederation.
  4. The application for authorisation for residence, in the terms of sub-paragraph d) of n° 1 pf Article 87 of Decree-Law n° 244/98, of 8 August, is also accompanied by a medical attestation of fitness passed or confirmed by the health authority within the district (delegate of district health), giving proof of any prolonged illness that prevents return to the country, to avoid any risk to the health of the applicant.
  5. The application for authorisation for residence, in the terms of sub-paragraph e) of n° 1 of Article 87 of Decree-Law n° 244/98, of 8 August, should be determined taking into consideration the principles and standards envisaged in Decree-Law number 147/99, of 1 September.
  6. The application for authorisation for residence, in the terms of sub-paragraph f) of n° 1 of Article 87 of Decree-Law n° 244/98, of 8 August, is also accompanied by the document proving military service has been effectively completed in the Portuguese Armed Forces.
  7. The application for authorisation for residence, in the terms of sub-paragraph g) of n° 1 of Article 87 of Decree-Law n° 244/98, of 8 August, is also accompanied by the document proving the professional activity of the applicant.
  8. The application for authorisation for residence, in the terms of sub-paragraph h) of n° 1 of Article 87 of Decree-Law n° 244/98, of 8 August, is also accompanied by the following documents:
    1. Proof that there is no previous marriage that has not been dissolved or the legal separation of persons and assets;
    2. Other documents proving a common law union in the terms of the law, namely joint bank accounts and joint tax declaration, and other relevant means of proof.
  9. The declaration of fundamental interest to the country, the purposes of sub-paragraph g) of n° 1 of Article 87 of Decree-Law n° 244/98, of 8 August, lies with the Minister of Home Affairs.
  10. Granting authorisation for residence, in the terms of this article, is the responsibility of the Director-General of SEF, who may delegate this responsibility.

Article 55.º

Regime for exceptional circumstances

The official procedure for granting authorisation for residence, conducted under Article 88 of Decree-Law n° 244/98, of 8 August, is regulated as laid down in Administrative Procedural Law and is accompanied by the following means of proof:

  1. Proof of the identity of the foreign national;
  2. Proof of criminal record, when dealing with persons over the age of 16.

Article 56.º

Competence to examine cases

  1. SEF is competent to examine cases involving the applications referred to in the previous article.
  2. Once the examination has been completed, a report is drawn up with the draft decision, with due grounds, which is then sent for a decision from the Minister of Home Affairs

Article 57.º

Application and way in which authorisation for residence is granted and renewed

  1. All applications envisaged in this chapter are made on a specific form for the purpose, accompanied by two recent passport-type, identical photographs, in colour against a plain background, and in good condition for identification, and against payment of a charge, as laid down in Article 138 of Decree-Law n° 244/98, of 8 August.
  2. The residence permit is individual and is a document sufficient to prove the civil identity of its holder. It is the only identification document that can prove legal resident status in Portugal, without prejudice to the ruling in the Treaty of Friendship, Co-operation and Consultation between the Federal Republic of Brazil and the Portuguese Republic, signed in Porto Seguro on 22 April 2000.
  3. The forms referred to in n° 1 are produced in the model approved by ordinance of the Ministry of Home Affairs.
  4. The regulations regarding civil identification are applicable to the residence permit, with due adaptation.

Article 58.º

Validity

The residence permit is only valid if it is signed by its holder, unless in the space indicated the issuing body states that the holder does not know how to sign or cannot sign.

Article 59.º

Despatch of permit and external service

  1. The residence permit may be sent to its holder by registered mail, with postage and dispatch charges prepaid.
  2. The information required to issue the residence permit may be collected in the location where the applicant is found, if the latter can give due justification of an illness preventing him or her from going independently to the issuing department.
  3. An added charge is made for this external service and the applicant pays the cost of transport required to make the journey.

Article 60.º

Complaints

  1. Acceptance of the complaint made by the party concerned, justified by an error made by the issuing services, implies issuing a new residence permit.
  2. The issue of the permit envisaged in the previous number is free of charge, providing the complaint has been submitted within 30 days counting from the date on which the permit is received.

CHAPTER VII

Conditions for submitting applications

Article 61.º

Demand for applications to be submitted in person

  1. Applications for an extension of permanence are submitted in person, on the specific form for the purpose, signed by the applicant and accompanied by the necessary documents.
  2. If the applicant is a minor, or incapacitated, the application is signed by the respective legal representative.
  3. In exceptional cases, that are duly justified, the presence of the applicant may be dispensed with, and the reasons for this dispensation entered on the application form.
  4. The regional director of the area where the application is submitted is competent to dispense with the presence of the applicant, and this responsibility may be delegated or sub-delegated.

Article 62.º

Additional proof

  1. The ruling in Article 157 of Decree-Law n° 244/98, of 8 August, applies to the applications referred to in n° 1 of the previous article.
  2. The body competent to make a decision on the extension of permanence or on granting or renewing authorisation for residence, may request additional proof on parental relationship, by asking for medical or legal expert advice

CHAPTER VIII

Accommodation Bulletin

Article 63.º

Obtaining and despatching

  1. Accommodation bulletins may be acquired from the entities mentioned in n° 1 of Article 98 of Decree-Law n° 244/98, of 8 August.
  2. The accommodation bulletins and the lists received by the public police force or by the National Republican Guard are sent to the regional delegations or directorates of SEF in the respective area within eight days.
  3. For the purposes of the ruling in n° 3 of Article 98 of Decree-Law n° 244/98, of 8 August, the respective software application may be acquired from the regional directorates of SEF.

CHAPTER IX

Removal from Portugal

Article 64.º

Identification of foreign nationals

The police authorities referred to in n° 7 of Article 117 of Decree-Law n° 244/98, of 8 August, when they proceed to identify foreign nationals, as laid down in Article 250 of the Criminal Case Law, should consult SEF in order to:

  1. Confirm the irregularity of the national’s documents;
  2. Check the possibility of applying the ruling in Article 100 of Decree-Law n° 244/98, of 8 August;
  3. Confirm the impossibility of SEF receiving the foreign national in order to present the same to the court.

CHAPTER X

Authorisation for permanence

Article 65.º

Extending authorisation for permanence

  1. Authorisation for permanence may be extended for periods of one year provided the holder is in paid employment, and the total period of permanence may not exceed five years counting from the date on which initial authorisation is given.
  2. The extension of authorisation for permanence may only be granted providing the party concerned:
    1. Has not been sentenced to imprisonment for more than six months, although this may not have been served or there has been more than one identical sentence, that may have been suspended;
    2. Has not suffered a removal measure from the country and is in the period subsequent to banned entry to Portugal;
    3. Is not indicated for the purposes of non-admission on the Schengen Information System by any of the contracting parties;
    4. Is not indicated for the purposes of non-admission on SEF's Integrated Information System;
    5. Has not been absent from the country, for unacceptable reasons, for longer than two months, during the authorised permanence period.
  3. The extension of authorisation for permanence is only granted if on the date of application the holder is in paid employment.
  4. In cases in which the holder of authorisation for permanence, on the date of the application, is involuntarily unemployed, extension may be granted up to 60 days, if in the meantime there is proof of a labour relation being established.
  5. The Director-General of SEF is competent to extend authorisation for permanence, and may delegate this responsibility.

Article 66.º

Accompanying documents for extension of authorisation for permanence

The application for extension of authorisation for permanence envisaged in Article 19 of Decree-Law n° 34/2003, of 25 February, is made on a specific form for this purpose and is accompanied by the following documents:

  1. Valid passport;
  2. Certificate of criminal record;
  3. Copy of duplicate of tax declaration for the previous tax year;
  4. Declaration from the employer declaring that a labour relationship exists;
  5. Copy of the wage statement submitted to the Social Security;
  6. Labour contract, should there be a change in the employer, deposited with the IGT or notifying the latter.

Article 67.º

Cancellation of authorisation for permanence

  1. Authorisation for permanence issued and its extension is cancelled in the following conditions:
    1. When it has been decided to expel the holder from Portugal, or when authorisation has been issued or renewed based on false statements or through using false means;
    2. When the holder is absent from the country without acceptable reasons for a period of two months or more, during validity of the same;
    3. When the holder does not meet or ceases to meet the conditions fixed in Chapter II of Decree-Law n° 244/98, of 8 August;
    4. When the motives that determined granting authorisation have ceased to exist.
  2. Absence beyond the limits envisaged in the previous number should be justified in a request made to SEF. prior to the foreign national leaving Portugal or, in exceptional cases, after departure.
  3. Competence to cancel lies with the Director-General of SEF, who may delegate this responsibility.
  4. Notifying those concerned of the start of the procedure as laid down in n° 2 of Article 55 of Administrative Procedural Law is dispensed with.
  5. The person concerned and the High Commissioner for Immigration and Ethnic Minorities is notified of cancellation of authorisation for permanence, giving grounds for the decision and the corresponding authorisation stamp or sticker is annulled.

CHAPTER XI

Transitional regulations

Article 68.º

Pending applications

  1. Granting authorisation for permanence in the terms of Article 18 of Decree-Law n° 34/2003, of 25 February, does not prejudice pending applications for authorisation for residence, except when they are submitted under the exceptional regime envisaged in Article 88 of Decree-Law n° 244/98, of 8 August.
  2. The Director-General of SEF is competent to issue authorisation for permanence, and may delegate this responsibility.
  3. Granting authorisation for permanence in cases that are pending may be granted to foreign nationals who meet the following conditions:
    1. They hold a draft labour contract with information from the IGT;
    2. They have not been sentenced to imprisonment for a period of more than six months;
    3. They have not been subjected to a measure for removal from Portugal and are in the period subsequent to banned entry to the country;
    4. They are not listed for the purposes of non-admission in the Schengen Information System;
    5. They're not listed for the purposes of non-admission on the SEF Integrated Information System.

Article 69.º

Transitional period

Until the report referred to in Article 36, of Decree-Law n° 244/98, of 8 August, is approved, type IV work visas will be granted under the following regime:

  1. The employer submits to the IGT the requirements referred to in Article 43 of Decree-Law n° 244/98, of 8 August, accompanied by a positive report from the IEFP on the respective job offer;
  2. The applicant submits the application for the work visa to the diplomatic mission or competent consular office, accompanied by the draft labour contract with the positive report issued by the IEFP;
  3. The regulations in this decree are applicable, with the necessary adaptations.

Article 70.º

Foreign miners born in Portugal up to the entry into force of Decree-Law n° 34/2003, of 25 February

  1. Foreign miners born in Portugal up to the entry into force of Decree-Law n° 34/2003, of 25 February, and who have not been absent from the country are dispensed with the visa for obtaining authorisation for residence.
  2. The same regime is applied to parents who have effective paternal custody over the minor.

Article 71.º

Other cases of extending permanence

  1. Besides the situations envisaged in Article 29, foreign nationals who, not in possession of a visa for paid labour, have joined the labour market and have registered with and made payments to the Social Security and to the tax authority for a minimum period of 90 days, up to the date on which Decree-Law n° 34/2003, of 25 February, comes into force, may benefit from the ruling in n° 3 of Article 52 of Decree-Law n° 244/98, of 8 August, by sending a requisition to the Director-General of SEF, accompanied by the following documents:
    1. Proof of payments made to the Social Security and to the tax authority, on wages from paid labour, on a date prior to Decree-Law n° 34 /2003, of 25 February, coming into force;
    2. Valid and recognised travel document;
    3. Proof of accommodation conditions;
    4. Certificate of criminal record issued in Portugal and in the country of origin.
  2. The contributions referred to in the previous number are only those made prior to Decree-Law n° 34/2003, of 25 February, coming into force.
  3. Submission of the requisition referred to in n° 1 depends on the prior registration of the foreign national with the High Commissioner’s Office for Immigration and Ethnic Minorities.
  4. The prior registration referred to in the previous number must be made within 45 days after this Law comes into force.
  5. Proof of the information in n°s 1 and 3 should be checked by the Ministries of Finance, Home Affairs and Social Security and Labour, depending on their respective competency, within a maximum period of 180 days counting from the end of the period envisaged in the previous number.
  6. Those foreign nationals who have registered and can give proof of contributions being made to the social security and to the tax authority, regardless of whether the obligation to deliver these contributions has been met, and which is the responsibility of the employer, who is subject to the respective sanction scheme, may also benefit from the regime envisaged in n° 1 of this article.
  7. For the purposes of the ruling in n° 3 of Article 52 of Decree-Law n° 244/98, of 8 August, the foreign national who submits documents that are proof of having worked, as well as those envisaged in sub-paragraphs b), c) and d) of n° 1 of this article and with regard to which the employer has failed to comply with obligations to Social Security and the tax authority, may submit a request, with due grounds, that will be submitted for a decision to the Minister of Social Security and Labour, who may delegate this responsibility.

CHAPTER XII

Final provisions

Article 72.º

Identical regimes

The future approval of identical or more favourable regimes than that envisaged in the previous article may only be promoted with other States and by signing the necessary international conventions that control the status of nationals in the respective under-signing States.

Article 73.º

Personal data handling

Personal data handling arising from the ruling in this Law must comply with what is laid down in Law n° 67/98, of 26 October.

Article 74.º

Decree revoked

Decree revoked
Enabling Decree n° 5-A/2000, of 26 April, amended by Enabling Decree n° 9/2001, of 31 May, is hereby revoked.
Seen and approved in the Council of Ministers on 17 January 2004 - José Manuel Durão Barroso - Maria Manuela Dias Ferreira Lawte - Paulo Sacadura Cabral Portas - Maria Teresa Pinto Basto Gouveia - António Jorge de Figueiredo Lopes - Maria Celeste Ferreira Lopes Cardona - Nuno Albuquerque Morais Sarmento - António José de Castro Bagão Félix.
Promulgated on 12 March 2004.

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