Law n.º 102/2017 provides the fifth amendment to Law n.º 23/2017 of 4 July, which approves the legal system for entry, stay, exit and removal of foreign nationals from the national territory, as amended by Laws ns.º 29/2012 of 9 August, 56/2015 of 23 June, 63/2015 of 30 June and 59/2017 of 31 July, and which have transposed the following directives:
a) Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers;
b) Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer;
c) Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing
The new legal system defines still a set of amendments to Law n. º 23/2017 of 4 July concerning some categories of immigrants. Therefore:
- Facilitation of a specific system for entry into the national territory for seasonal work, by the issuance of a short-term visa specific for working hours of less than 90 days, and those interested keep their place of residence in a third State;
- Introduction of two new categories of investment for the granting of the residence permit for investment (ARIs): the transfer of capital for the constitution of companies or for the reinforcement of the company’s share capital already existing and the transfer of capital dedicated to investment of companies, which are submitted to the process of corporate recovery (PER). Moreover, the reduction of amounts less than those previously required of capital transferred for the acquisition of units in units of investment funds or of venture capital dedicated for the capitalisation of small and medium-sized enterprises which, for that purpose, present their viable capitalisation plan;
- Introduction of residence visas and authorisation permits for teaching activity and for cultural activity, allowing the difference between the activity of investigation and the teaching activity in a teaching facility or of vocational training, adopting a better definition of the system of entry and stay of these categories of immigrants;
- Implementation of a certification regime for higher education institutions and other entities for hosting students, internships and voluntaries, in general, through the adoption of Directive (EU) 2016/801, allowing a faster processing and simplification of treatment of their requests of visas and of residence permits;
- Inclusion, in the specific regime for foreign students, of the access into national territory for the frequency of professional training, as well as for the frequency of level 4 and 5 courses of the National Qualifications Board;
- Introduction of an exception system for the granting of a residence permit for the activity by immigrant entrepreneurs, with the possibility of residence visa exemption, corresponding to an effort of attracting all new business models, connected to technology and innovation, in order to contribute for a more competitive economy by attracting foreign entrepreneurship. For that purpose a mechanism for certification of companies/incubators for hosting of foreign entrepreneurs, determining the residence visa as a “Startup Visa – Decree Order n. º 344/2017 of 13 November;
- Introduction of a certification regime of hosting entities, more attractive, adopting a better definition of the entry and stay regime of entrepreneur and highly qualified immigrants; - Introduction of a new type of residence permit, a special regime for the delocalisation of companies of other Member States to Portugal, in which one can recognise the resident status assigned by other Member State to its holders, administrators and workers;
- With the transposition of Directive 2014/66/EU, Law n. º 23/2007 allows for companies with head office in Member States of the European Union the temporary transfer of their managers, specialists and internships for its branches and affiliates located in Portugal, either in a permanent regime of for mobility purposes.
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Law n.º 102/2017 of 28 August
Fifth amendment to Law n.º 23/2007 of 4 July, approving the legal regime for entry, stay, exit and removal of third-country nationals from the national territory and transposing Directives 2014/36/EU of 26 February 2014, 2014/66/EU of 15 May 2014, and 2016/801 of 11 May 2016.
Immigrant and Borders Service's project for clarification of those dealing with foreign nationals situations and seeking information on legal framework and the administrative practice concerning the wide set of issues addressed by the legal regime in force.