The Portuguese government has recently introduced to the Portuguese emigration law a couple of changes that will allow to any foreigner to get the authorization to legally live and work in Portugal, without the difficult and bureaucratic process to get a working and residence visa in the Portuguese Embassies or Consulates before its entry in Portuguese territory.
From now on, the foreigner only has to enter legally in Portugal, for instance, with a touristic visa, and get a job as employee or start its own business as entrepreneur or a self-employed person.
Basically, the foreigner has two ways to get the authorization to live in Portugal: (i) working as an employee or (ii) working as entrepreneur or self-employed person.
In these two scenarios, the foreigner should fulfill the following general legal criteria:
- absence of any fact which, if known by the competent authorities, should prevent the granting of the visa;
- Presence in Portuguese territory;
- possession of means of subsistence, as defined by the Portuguese law;
- registration in the Portuguese social security, whenever applicable;
- Absence of conviction for a crime that in Portugal is punishable with prison for more than one year;
- Is not in the interdiction period of entry in national territory, subsequently to an Portuguese order of expulsion;
- No indication in the Information System Schengen;
- No indication in the Integrated Information System SEF for the purpose of non-admission.
In addition to the above mentioned general legal criteria, the foreigner that wants to live and work in Portugal as employee should also fulfill the following criteria:
- Have an employment contract or a promise of employment contract;
- Have already a working relationship proven by a (i) Labor Union; or (ii) a representative of the migrant communities that belongs to the Portuguese Migration Council; or (iii) by the Portuguese Authority for the Working Conditions;
- Have entered legally in Portuguese territory;
- Registered in the Portuguese Social Security, except in the cases the foreigner has a promise of employment contract;
And the foreigner that wants to live and work in Portugal as entrepreneur or self-employed person, in addition to the above mentioned general legal criteria, should also fulfill the following criteria:
- Have incorporated a Portuguese company; or
- Have registered as self-employed person in the Portuguese Tax Authority and the Portuguese Social Security;
- be entitled to engage in a professional activity independent, when applicable;
- Have means of subsistence, as defined in the Portuguese law.