Gazette, 1. Grade - No. 154 - August 9 2012 4191
Table of Contents
Presidential Decree no. No. 138/2012
August 9
The President of the Republic, under Article 135., Paragraph b) of the Constitution, the following:
It ratified the Agreement on Cooperation between the Republic
Portuguese and the Democratic Republic of Timor-Leste
Field of Defence signed in Lisbon on September 27, 2011, approved by Resolution of the
Republic no. No. 111/2012 on 8 June 2012.
To be published.
The President of the Republic, Anibal Cavaco Silva.
Ratified on 31 July 2012.
The Prime Minister, Pedro Passos Coelho.
Presidential Decree no. No. 139/2012
August 9
The President of the Republic, under Article 135., Paragraph b) of the Constitution, the following:
It ratified the Convention between the Portuguese Republic
and the Democratic Republic of Timor-Leste to Avoid
Double Taxation and the Prevention of Fiscal Evasion with Respect
Taxes on Income, signed in Lisbon
on September 27, 2011, approved by Resolution of
Assembly of the Republic n. º 112/2012 on June 8
of 2012.
Signed on July 26, 2012.
To be published.
The President of the Republic, Anibal Cavaco Silva.
Ratified on 31 July 2012.
The Prime Minister, Pedro Passos Coelho.
ASSEMBLY OF THE REPUBLIC
Law no. No. 29/2012
August 9
First amendment to Law no. No. 23/2007 of 4 July, which approved
the legal entry, stay, departure
and expulsion of foreigners from national territory
The Assembly of the Republic decrees, pursuant to
c) Article 161. of the Constitution, the following:
Article 1. º
Object
This law amends Law no. No. 23/2007 of 4
July, which approves the legal regime of entry, stay, exit and removal of foreign
national, national implements Regulation (EC)
no. No. 810/2009 of the European Parliament and the Council of 13
July establishing a Community Code on Visas,
and transposes the following directives:
a) Policy no. º 2008/115/EC of the European Parliament
and the Council of 16 December on the rules
and procedures in member states to
return of nationals of third countries who are
irregular;
b) Policy no. No 2009/50/EC of the Council of May 25,
on the conditions of entry and residence of third country nationals for employment highly
qualified;
c) Policy no. No 2009/52/EC of the European Parliament
and the Council of 18 June laying down detailed rules
minimum on sanctions and measures against employers of illegally staying third-country
irregular;
d) Policy no. º 2011/51/UE of the European Parliament
and the Council of 11 May amending Policy
no. º 2003/109/EC of the Council to extend its
scope to beneficiaries of international protection;
e) Policy no. º 2011/98/UE, the European Parliament and
Council of 13 December on a procedure
single application to grant a single authorization
country nationals to reside and work in the territory of a member state and a set
rights for workers from third countries
legally residing in a member state.
Article 2. º
Amendment to Law no. No. 23/2007 of July 4
Articles 2., 3., 5th., 8., 9., 12., 17., 27., 33., 36. Thereof,
40., 42., 45. To 49., 51. To 54., 59., 61. º, 64., 67. º, 77. Thereof,
78. No, 80., 85., 88., 90., 97., 106. To 108. No. 112., 122. Thereof,
126., 127., 129. º, 130. º, 131. º, 134., 135., 137., 138. Thereof,
140., 141. º, 143. To 146 º. º, 149. To 151. º, 159. To 162. Thereof,
. 168, 182. To 186 º., 195. º, 196. º, 198. º, 202. º, 207. º, 210. º
and 213. of Law no. No. 23/2007 of July 4, are replaced by the
follows:
"Article 2. º
[...]
1 - This law transposes into national law
The following internal policies of the European Union:
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h) Policy no. º 2008/115/EC of the European Parliament
and the Council of 16 December on the rules
and procedures in member states to
return of nationals of third countries who are
irregular;
i) Policy no. No 2009/50/EC of the Council of 25
May, on the conditions of entry and residence
of third-country nationals for employment purposes
highly qualified;
j) Policy no. No 2009/52/EC of the European Parliament
and of the Council of 18 June 4192 laying down detailed rules Gazette, 1. grade - N. º 154 - August 9, 2012
minimum on sanctions and measures against employers
country nationals illegally staying third;
k) Policy no. º 2011/51/UE of the European Parliament
and the Council of 11 May amending Policy
no. º 2003/109/EC of the Council to extend the
its scope to beneficiaries of protection
International;
l) Policy no. º 2011/98/UE, Parliament and the Council of 13 December on a
single application procedure for granting a
single permit for third country nationals
reside and work in the territory of a State
member and a set of rights for third country workers legally residing in
Member state.
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 3. º
[...]
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d) 'investment activity' any activity
exercised personally or through a company that
leads, as a rule, the implementation of at least one
of the following situations in the country and a
minimum period of five years:
i) Transfer of capital in the amount equal to or
more than 1 million;
ii) Establishment of at least 30 jobs;
iii) Acquisition of property equal to or greater than 500 000 euros.
e) 'EU Blue Card' residence permit entitling
a third-country nationals to reside and exercise
national territory, a highly skilled professional activity subject;
f) [Former point d).]
g) "particularly exploitative working conditions'
working conditions, including those resulting
discrimination based on gender or other, which
are clearly disproportionate in relation to
applicable to workers employed legally and
, for example, are likely to affect the health
and safety of workers or are contrary to
human dignity;
h) [Former point e).]
i) 'expulsion decision coercive' administrative act declaring the irregular situation of a national
third country and determines the relevant technical departure from the territory
national;
j) [Former point f).]
k) [Former point g).]
l) [Former point h).]
m) [Former point i).]
n) [Former point j).]
o) [Former point l).]
p) [Former point m).]
q) [Former point n).]
r) [Former point a).]
s) 'international protection' recognition by a
State member of a national of a third country or
a stateless person with refugee status or status
subsidiary protection;
t) 'higher professional qualifications' quali-
tions attested by a diploma of higher education
or a minimum of five years of professional experience comparable to education qualifications
that is more relevant in the profession or sector specified in the contract of employment or the promise of
employment contract;
u) 'Return' the return of third country nationals to their country of origin or due
of an expulsion or under agreements
Community or bilateral readmission agreements or other
Conventions, or to another third country option
foreign citizen and what is accepted;
v) [Former point p).]
w) [Former point q).]
x) [Former point r).]
y) [Former point s).]
z) [Former point t).]
aa) [Former point u).]
bb) Space treated as a temporary reception center 'own space created in the international area
Portuguese airport for the installation of passenger
not allowed in national territory and awaits
The reloading.
Article. 5
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c) Protocols and memoranda of understanding concluded between Portugal and third countries.
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 8. º
[...]
1 - Access to the international zones of airports,
scale or transfer of international calls by foreign nationals requiring a visa requirement, under this law, is
subject to the same ownership.
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 - may be granted short-term visas
the maritime border crossings, in accordance
in this law.
Article 9. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 - They can leave the Portuguese territory foreign nationals entitled to safe-conduct or Gazette, 1. Grade - No. 154 - August 9 2012 4193
with travel document coercive removal
judicial expulsion of a citizen or national of a state
third.
Article 12. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 - The acceptance of the disclaimer referred to above depends on the proof of
the respective financial subscriber and must include a commitment to ensure:
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 - under the previous paragraph does not preclude the responsibility of the entities referred to in Article 198. º
and 198. thereof, provided that they checked the respective assumptions.
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 - The model of the liability waiver is approved by order of the national director of the SEF.
6 - The SEF implementation of a system
registration and filing of statements of responsibility
submitted, subject to the applicable standards
terms of protection of personal data.
Article 17. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d) travel document to coercive removal
or judicial expulsion of nationals of Member
third parties;
e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 27.
Travel document for expulsion or expulsion
of nationals of third countries
1 - When a national of a third State object
a decision of coercive removal or expulsion
court and does not have a travel document is
a document delivered to that effect.
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 33.
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a) What have been the subject of an expulsion or coercive judicial expulsion of the country;
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 36. º
[...]
Except as referred to in subparagraphs a),
c) and d). 1 and n. 3 of Article 33. can not be
refused entry to foreign nationals who:
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b) Be in charge of children under Portuguese or foreign, in this case with legal residence in Portugal, over which they exercise
parental responsibilities effectively and to whom
provide maintenance and education.
Article 40. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 - Foreign citizens who have been refused entry into the national territory is guaranteed in
timely access to legal assistance by counsel at the expense of his own or on request, to protect
legal, applying mutatis mutandis the Law
no. No. 34/2004 of July 29, the arrangements for the appointment of counsel for the accused urgent steps.
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 - Notwithstanding the protection afforded by law
asylum, is also guaranteed to the citizen who is
subject to a decision to refuse entry compliance,
mutatis mutandis, the procedure specified in
Article 143. º
Article 42. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a) The number, type, date of issue and validity
the travel document used;
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 45. º
[...]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a) airport transit visa;
b) (Repealed)
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4194 Gazette, 1. Grade - No. 154 - August 9, 2012
Article 46. º
[...]
1 - The airport transit visas and short-term may be valid for one or more States Parties
the Convention.
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 47. º
The Individual
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 - (Repealed)
3 - The visas granted abroad are granted on an individual basis.
4 - (Repealed)
5 - (Repealed)
Article 48. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a) The embassies and consular posts
Portuguese, in the case of airport transit visas or short-term requested by holders of
diplomatic, service, official and special
or travel documents issued by organizations
international;
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 49. º
Airport Transit Visa
1 - The airport visa is intended to enable the holder, when using an international call, passing through an airport in a State
party to the Convention.
2 - The holder of an airport transit visa only
have access to the international zone of the airport should
continue their journey on the same or other aircraft
in accordance with the ticket.
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 50. º
(Repealed)
Article 51. º
[...]
1 - seen short intended to allow the
entry into Portuguese territory on the holder for
which, being accepted by the competent authorities, not
justify the granting of another type of visa, especially for transit, tourism and visiting
or accompanying family members who are holders
visa for temporary stay.
2 - The visa can be issued with a maturity of
valid for one year and for one or more entries, not
may last for a continuous visit nor the total duration of successive stays exceed 90 days
every 180 days from the date of the first passage
an external border.
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 52.
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 - If the applicant is the subject of interdiction-
tion of entry issued by a State Party or State
associated with the Convention implementing the Agreement
Schengen, this should be consulted should their interests be taken into account in
accordance with Article 25. that Convention.
Article 53.
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 - Opinions needed for visa,
when negative, are binding and are issued in
within seven days, in the case of short-stay visas or
20 days in other cases, after which the absence
emission corresponds to assent.
Article 54. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f) to remain in the country for longer than three months in exceptional cases,
substantiated, in particular for
frequency program of study at
education, student exchange, internship or unpaid voluntary work, hard-
tion equal to or less than one year, or for the
fulfillment of international commitments
under the World Trade Organization and
arising from international conventions and agreements
that Portugal is a party, in thirst for freedom of
services;
g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 - The temporary stay visa is valid for four
months and for multiple entries in the national territory,
without prejudice to paragraph. 4 of Article 56. º
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 59. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gazette, 1. Grade - No. 154 - August 9 2012 4195
4 - The Institute of Employment and Vocational Training, I. P., and the respective departments
each autonomous region, maintain a system of informa-
tion continuously updated and publicly accessible
through the Internet, the job covered
by n. 1, disclosing them on his own initiative or
request of employers or associations
immigrants recognized as being representative of
immigrant communities by ACIDI, I. P. under
the law.
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 61. º
[...]
1 - is granted a residence visa for the purpose
of conducting scientific research to national
Third countries who have been admitted as students of higher education at doctoral level
or as researchers collaborating on a research center recognized by the Ministry of Education and
Science, particularly through the work contract
or promise of employment contract, a contract
or written proposal to provide services or a
grant for scientific research.
2 - It also granted a residence visa for
the pursuit of a teaching activity in an institution of higher education or a highly
qualified to nationals of third countries which have adequate letter of engagement or a
contract to provide services.
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 - The third-country nationals covered
by this Article is not subject to the regime
in Article 59. º
Article 64.
[...]
Where in the investigation of a claim
a residence visa for the purpose of reunification
family SEF assent under
of this Act, shall be made available to applicants a
residence visa to allow entry to
National.
Article 66. º
[...]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a) (Repealed)
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Article 67
Short-term visa
1 - In the crossings under control can
be granted under excecional, short-term visa
to foreign citizens who, for unforeseen reasons, not
been able to apply for a visa to the competent authority
provided that the person:
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 - The short-stay visa issued under
preceding paragraph may only be granted for an entry
and its validity shall not exceed 15 days.
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 77.
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 - If the applicant is the subject of interdiction-
tion of entry issued by a State Party or State
associated with the Convention implementing the Agreement
Schengen, this should be consulted should their interests be taken into account in
accordance with Article 25. that Convention.
Article 78. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d) have not been sentenced or feathers
which, individually or cumulatively exceed one year
in prison, though, in case of conviction for crime
felony provided for in this law or associated with him or
for the crime of terrorism, violent crime or
by especially violent crime or highly
organized, relevant technical implementation has been suspended.
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 - The receipt of the request for renewal of authorization
residence has the same effect of the title
residence for a period of 60 days, renewable.
8 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 80.
Granting and renewal of authorization
permanent residence
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b) During the last five years of residence in Portuguese territory have not been sentenced
or feathers which, individually or cumulatively exceed
one year in prison, though, in case of conviction
felony provided for in this Act or 4196 he Gazette, 1. grade - No. 154 - August 9, 2012
related crime or terrorism, crime
especially violent crime or violent
or highly organized, have the relevant technical implementation
been suspended;
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 85. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a) The holder has been subject to a decision
coercive removal or an expulsion
court of the national territory, or
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 88. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 - The holder of a residence permit for
exercise a professional activity subject
may exert an independent professional activity,
by replacement of a residence permit, being
applicable, mutatis mutandis, the provisions
the following article.
Article 90. º
[...]
1 - is granted a residence permit to third country nationals for the purpose of exercise
ning of a research activity, an activity
teaching in an institution of higher education or
Highly qualified that, in addition to the conditions
laid down in Article 77., meet one of the following requirements:
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b) have an employment contract or the provision
services compatible with the pursuit of a teaching activity in an institution of higher education,
or contract to provide services compatible with
a highly qualified;
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 97. º
[...]
1 - It is forbidden to hold a residence permit
to participate in a program of voluntary exercise of an activity remunerated professional.
2 - Out of time devoted to program
ended the study or unpaid professional internships, subject to the terms and conditions applicable to
pertinent activity, students can pursue a
subordinate professional activity, in accordance with paragraph. 1
Article 88. thereof, subject to authorization granted
by SEF.
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 106. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 - The refusal of the application is sent a copy,
with the respective foundations, the ACIDI, I. P., and
Advisory Board, subject to the standards apply
BATCH on protection of personal data.
6 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 107.
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 - In exceptional cases, including legal separation of persons and property, divorce, widowhood, death
of upward or downward, prosecution by the Ministry
Public for the crime of domestic violence and
when adulthood is reached, may be granted
an autonomous residence permit before the expiry of the period referred to in the preceding paragraph.
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 108.
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 - The decision is notified by cancellation
via the electronic ACIDI, I. P., and the Advisory Board, subject to the applicable rules of
protection of personal data.
7 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 112. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gazette, 1. Grade - No. 154 - August 9 2012 4197
4 - Where necessary, is given to the person referred to in n. 1 service translation and interpretation, and
as legal protection under the Law. No. 34/2004
July 29, is not applicable paragraph. 2
of Article 7. º
Article 122. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
k) [Former point l).]
l) [Former point m).]
m) are, or have been victims of violations
criminal or contraordenacional severe or very severe on the employment relationship, under no. 2 of
this article, there are indications that proven
the service of the ministry with competence inspetiva
responsible for employment, and that they have
reported the offense to the authorities and
they collaborate;
n) [Former point a).]
o) [Former point p).]
p) [Former point q).]
q) who produce evidence of investment activity in
terms as referred to in point d) of the article 3. °
2 - For the purposes of paragraph m) of the
earlier, are considered infractions that
result in lack of social conditions, operating hours or wages, working conditions
or the particular case of abusive use of
lower activity illegal.
3 - In the circumstances described in subparagraphs n), o) p)
no. 1 shall apply, with appropriate adaptation, the provisions of
88 articles., 89. or 90 º. thereof, as appropriate.
4 - (Previous no. 3.)
5 - Where the lowest, without special reason, let
to attend preschool or elementary education
is canceled or not renewed the permit
temporary given under b), no. 1 and
the n. 4.
6 - Where the lowest, without special reason, let
of secondary school or professional can
be canceled or not renewed for a temporary residence permit granted under subparagraph b) of
no. 1 and no. 4.
7 - (Previous no. 6.)
Article 125. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c) (Repealed)
d) (Repealed)
e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 126. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a) Have legal and continuous residence in the territory
nationwide during the five years immediately preceding the filing of the application or in the case
beneficiary of international protection, since the date of
submission of the application which resulted in the granting
of international protection;
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 127. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 - Notwithstanding the preceding paragraphs, must be denied resident status
long-term based on the international protection
whenever there is revocation, cancellation or refusal to
renewal of that protection, under subparagraphs a)
and b), no. 1 of article 41. of Law no. No. 27/2008 of 30
June, which establishes the conditions and procedures for granting asylum or subsidiary protection and
the status of asylum seeker, refugee and
subsidiary protection.
Article 129. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 - Notwithstanding the preceding paragraph, the request for
granting of resident status of long-term
formulated by a national of a third State that is
while in possession of a long-EU
duration, issued by another Member State, is preceded by this query, in order to ascertain whether
the applicant continues to benefit from international protection.
4 - (Previous no. 3.)
5 - (Previous no. 4.)
6 - (Previous no. 5.)
7 - (Previous no. 6.)
8 - (Previous no. 7.)
9 - (Previous no. 8.)
10 - (Previous no. 9.) 4198 Gazette, 1. Grade - No. 154 - August 9, 2012
Article 130. º
Title EU long-term residence
1 - The long-term resident is issued a
EU under the long-term residence.
2 - The title of the EU have long-term residence
valid for a minimum of five years, automatically renewable, upon request, at the end
the period of validity.
3 - The title of the EU's long-term residence
issued under the rules and uniform title
residence for nationals of third countries,
in force in the European Union and must be entered on
heading 'type of permit' the term 'resident EU
long term '.
4 - In the circumstance of being issued under the EU
long-term residence in a third country national who has been granted international protection in another Member State, in the title in question shall be shown observing 'International Protection
granted by ... (Identification of the member state)
on ... (Date) '.
5 - If international protection is transferred,
this observation should be changed upon request
Member state where the third country national has
received protection.
6 - As soon as practicable and in any case within
maximum of three months, should the title be changed
long-term residence in accordance with the observation.
Article 131. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 - If the loss of long-term resident status
term lead to removal from the country
a citizen of a third country that has been holding
Title of the EU long-term specified in paragraph. 4 of article 130. No, this departure can only be made for
the country identified in the comments.
10 - In the situation referred to above, if
for the third citizen of the State there
serious grounds for believing that undermines security
national or public order, if you have been convicted
by final judgment for a felony
the corresponding penalty effective over a year
prison, although in the case of conviction for crime
felony provided for in this law or associated with him or
for the crime of terrorism, violent crime or
by especially violent crime or highly
organized, relevant technical implementation has been suspended,
or if you have been stripped of international protection
granted by another Member State, the withdrawal may
be made for different country, observing the principle
of non-refoulement.
11 - (Previous no. 9.)
Article 134. º
Fundamentals of the expulsion decision
binding or removal
1 - Without prejudice to the provisions of international conventions to which Portugal is a party or to which
is bound, is removed or forcibly expelled from Portuguese territory legally, the alien:
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b) What is against national security or the order
public;
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f) In which there are serious reasons to believe
who committed serious criminal acts or intends to
committing such acts, particularly within the European Union;
g) that holds a valid residence permit
or another title that right to stay
in another member state and does not comply with the obligation to
to turn immediately to the member state.
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 135. º
Limits on the expulsion decision
binding or removal
Except in cases of injury to national security or public order and of the situations listed in
paragraphs c) and f) n. 1 of article 134. shall not be
removed or expelled from the country citizens
foreigners:
a) Were born in Portuguese territory and here
habitually resident;
b) Be in charge of children under Portuguese or foreign, residing in Portugal,
over which they exercise parental responsibilities effectively and those who provide maintenance and
education;
c) find themselves in Portugal since the age of
10 years and ordinarily resident here.
Article 137. º
Coercive removal of long-term residents
a member state of the European Union
1 - Can be applied to an expulsion
binding to the holder of long-term status granted by an EU member state, if
staying illegally in the country.
2 - As a national of a third State,
with a residence permit granted under
Article 116., does not have obtained resident status
Long-term national territory, the coercive expulsion decision may be taken pursuant to paragraphs.
the
A
and 2 of Article 136. shall, after consultation with the member state
European Union which granted them the status.
3 - In case of coercive removal from the territory of European Union member state which
granted the status of long-term resident, the
competent authorities of that State shall be notified
SEF.Diário the decision by the Republic, 1. grade - No. 154 - August 9 2012 4199
4 - The SEF takes all measures to implement
effectively such a decision and inform the competent authorities of the Member State of the European Union, which
granted the status of long-term resident of
person concerned, the measures adopted for
the implementation of the expulsion decision binding.
Section 138. °
[...]
1 - The foreign national who enters or remains
illegally in the country is notified by SEF
to voluntarily leave the country in
delay that may be set between 10 to 20 days.
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 - The period referred to in the preceding paragraphs can be
SEF extended by taking into account inter alia
the length of stay, the existence of children
attending school and the existence of other members
family and social ties, it is notified
alien.
4 - If the decision to cancel a residence permit under Article 85. No, there
danger of escape, has been rejected request for extension of stay as manifestly unfounded
or fraudulent or if the person concerned is a
threat to public order or safety or to the
national security, the alien is notified
to leave the country immediately, under
penalty of the crime of qualified disobedience.
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 140. º
Competent authorities
1 - The expulsion decision may be binding
determined in accordance with this law, the director
National SEF, with power to delegate.
2 - The national director of SEF's decision
filing of the coercive removal process.
3 - The judicial decision of expulsion is determined
by competent judicial authority.
4 - The decision on expulsion is in the nature of
additional penalty is adopted or when the foreign object has entered or remained Decision
regularly in Portugal.
Article 141. º
[...]
1 - is responsible for sending prosecute
removal binding and to order the continuation of the case, stating, inter alia, its
sent to the competent court, the national director of the
SEF, with power to delegate.
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 143. º
[...]
1 - The coercive removal and expulsion can not be made to any country where the citizen
alien may be persecuted for reasons which, in
accordance with the law, justify the granting of asylum
or where the foreign national may face torture, inhuman or degrading treatment in Article 3 aceção. º
European Convention on Human Rights.
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 - In the cases referred to in the preceding
the target is sent to another country that will accept.
Article 144.
[...]
Foreign citizens subject to an expulsion is prohibited from entry into its territory by
up to five years, such period may be greater
where there exists a serious threat to the order
public, public safety or national security.
Section 145. º
Coercive removal
Without prejudice to the application of the readmission
the coercive removal can only be determined by
administrative authority based on input
or illegal residence in national territory.
Article 146. º
Proceedings of the expulsion decision binding
1 - The foreign national who enters or remains
illegally in the country is held by the police authority and, where possible, delivered to the SEF,
accompanied by the respective self, which must
be present within 48 hours after the
detention, the judge of the criminal trial of small instance, in the respective area of jurisdiction, or the court
county, in other areas of the country, for validation and
possible application of coercive measures.
2 - If it is determined placement in the center of
temporary facility or equivalent space is given
inform the SEF to promote
competent process to the removal of the citizen
alien territory.
3 - The placement is not foreseen in the previous
can be extended for longer than necessary
to allow the execution of the expulsion decision
binding, without exceeding 60 days.
4 - If it is determined placement in the center of
temporary installation, it is also made to the communication
SEF for the purposes stated in paragraph. 2, notifying them if the citizen
abroad that must appear in the respective service.
5 - No removal procedure is organized
coercion against foreign citizens:
a) Having entered the country illegally, give asylum to any authority
cop within 48 hours after entry;
b) Be holder of a valid residence permit or
another title, which right to stay
in another member state and fulfill its obligations
to immediately go to that Member State;
c) Be reinstated or accept the request of another State
member in accordance with agreements or conventions
international agreements in this regard, since it is
title holder allowing him to stay or reside
legally in the country;
d) is the holder of a permit or
other qualifying document their legal stay in
national territory, in accordance with the provisions
legal vigor.4200 Gazette, 1. grade - No. 154 - August 9, 2012
6 - Foreign citizens under the conditions specified
in point a) above pending free
the decision on your application and should be informed by SEF
their rights and obligations in accordance with the
provisions of law regulating the right of asylum.
7 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 149. º
Decision of coercive removal
1 - The decision of coercive removal is the responsibility of the national director of the SEF.
2 - The decision is communicated coercive removal
via the electronic ACIDI, I. P., and the Advisory Board and served on the person against whom action was brought
the process, stating their reasons, the
right to judicial review and the respective term
as well as its entry in the Information System
Schengen or national list of non-admissible, subject to the applicable rules
protection of personal data.
3 - The decision of coercive removal must contain:
a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b) The legal obligations of third-country national
subject to compulsory removal decision;
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 150. º
[...]
1 - The decision of coercive removal, given
the national director of the SEF, is capable of challenging-
tion with legal effect of devolution in the courts
administrative.
2 - The preceding paragraph shall not affect the
Right of foreign citizens to resort to urgent or processes with suspensive effect provided by law
administrative procedural.
3 - The alien shall have, upon request, to protect wildlife
tion law, applying mutatis mutandis the
Law no. No. 34/2004 of July 29, the arrangements for
the appointment of counsel for the defendant steps
urgent.
4 - On request can be provided
translation and interpretation services for the purposes of
judicial review referred to in paragraphs.
the
1 and 2.
Article 151. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 - As decreed the penalty of expulsion,
the judge orders the execution of punishments execution immediately
they met:
a) Half of the sentence in cases of sentence
equal to or less than five years in prison;
b) Two thirds of the sentence in cases of conviction in
sentence of more than five years in prison.
5 - The judge of the execution of sentences may, on proposal
based director of the prison,
and without opposition condemned decide to advance
enforcement of the penalty of expulsion as soon as
completed a third of their sentence in cases of conviction
in penalty not exceeding five years in prison and since
that compliance is assured of remaining
pen in the destination country.
Article 159. º
[...]
It is for the SEF to implement the binding decisions on the expulsion and deportation.
Article 160. º
[...]
1 - Foreign citizens against whom it is issued
an expulsion or coercive expulsion
court is granted a period of output area
National between 10 and 20 days.
2 - In duly substantiated, in particular when there are concrete reasons and
objective of generating conviction intention to escape,
where a national of a third State to use
forged or falsified documents, or has been detected in situations that indicate the commission of a crime,
or there are serious grounds to believe has committed acts
or serious criminals are strong indications that it intends to
committing such acts, the citizen is given to
custody of the SEF, to implement the decision
coercive removal or deportation proceedings.
3 - You may be required to the competent judge, while
not performed an expulsion coercive
or judicial expulsion and not referred to the expiry
in n. 1, that the alien is subject to the scheme:
a) placing in temporary reception center
laugh or equivalent space for a period not exceeding
30 days
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d) payment of a security.
4 - During the time allowed will be taken into account the special needs of people vulnerable to
stable in particular minors, persons with disabilities,
elderly, pregnant women, single parents with children
minors and persons who have been victims of torture,
rape or other serious forms of psycho-
cal, physical or sexual.
5 - During the period allowed for voluntary departure, the alien is entitled to maintenance of the unit
familiar with family members present in the terri-
National River, the provision of emergency health care
and the basic treatment of diseases and, if lower, the
access to public education.
6 - The term defined in paragraph a) of n. 3 can be
above, but can never more than three months
where there are, for the citizen
abroad, is strong evidence of having committed or intends to perform serious criminal offenses, or been convicted of a felony, or pose a threat to
public order, national security or the Official Gazette, 1. grade - No. 154 - August 9 2012 4201
international relations a Member State of the Union
European or states where effective on the Convention
Application.
Article 161. º
Disobedience to the decision
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 - If you can not enforce the decision of coercive removal or expulsion within 48 hours
after the arrest is made aware of the fact that the judge
the judgment of small criminal proceedings, in the respective area
jurisdiction, or county court, the remaining
areas of the country in order to be given to maintaining the
foreign national in a temporary reception center
or equivalent space.
Article 162. º
Communication of Decision
The enforcement of the coercive removal or
expulsion is communicated through diplomatic channels, to
competent authorities of the destination country of the citizen
abroad.
Article. 168
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 - are reinstated immediately and without formalities in the country, nationals of States
third:
a) have acquired the status of long-term resident
duration in Portugal, as well as their relatives,
when they have been subject to an expulsion of the member state where coercion exercised
their right of residence;
b) Holding a residence permit ('EU Blue Card ") issued pursuant to Article 121. bis
and following, and their families, even though
that has expired or has been removed during
examining the application, where they have been subjected to
a decision of coercive removal of the member state where you moved for work
highly qualified;
c) are subject to acceptance request made
by another Member State, pursuant to agreements or
conventions in this sense, provided they are holders of securities to enable them to stay or reside
legally in the country.
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 182. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 - The criminal liability for the
offenses under Articles 183. to 185 º. thereof, plus the
liability for payment of all expenses related to the stay and the alienation of citizens
foreigners involved, including any expenses
with shipping costs for the country of origin of funds
arising from employment claims outstanding.
Article 183. º
Facilitate illegal immigration
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 - Those who promote or facilitate in any way,
the entry, stay or transit of illegal citizens
foreign country, for profit, shall be punished with imprisonment of one to five years.
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 184. º
[...]
1 - Whoever promotes or founds a group, organization
or association whose purpose or activity is directed to
the crimes of the preceding Article shall be punished
with imprisonment from one to six years.
2 - the same penalty if you make part of such
groups, organizations or associations, as well as who
assist or support them so that they recruit new
elements.
3 - Whoever leads or drive groups, organizations
or associations mentioned in the preceding paragraphs is
punishable with imprisonment from two to eight years.
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 185. º
Raising manpower illegal
1 - Who, for profit, for themselves or
third, solicit or entice with the aim of introducing
labor market than foreigners
they hold a residence permit or visa
which entitles them to exercise a professional activity
shall be punished with imprisonment of one to five years.
2 - Who, repeatedly, to perform the acts of the preceding paragraph, shall be punished with imprisonment
two to six.
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 186. º
Marriage or marriage of convenience
1 - Those who marry or live in union
fact for the sole purpose of providing to obtain
or to obtain a visa, a residence permit or
a 'Blue Card' or defraud the legislation
regarding the acquisition of nationality shall be punished with
imprisonment of one to five years.
2 - Any person who repeatedly or organized, promote or create conditions for the practice of the acts referred
in the preceding paragraph, shall be punished with imprisonment for two
to six years.
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 195. º
Lack of airport transit visa
Carriers, as well as all in pursuit of a professional activity carried into
national airport foreign unskilled
seen to lack of scale when it shall be subject, 4202 Official Gazette, 1. grade - N. º 154 - August 9, 2012
for each foreign national, to a fine
€ 4000 to € 6,000, where legal persons, and
€ 3000 to € 5000, in the case of individuals.
Article 196. º
[...]
Carriers that fail to make a
information which is required according to the
42 articles. and 43. º or that have passed so
incorrect, incomplete, false or after the deadline, shall be punished for each trip, with a fine of € 4000 to € 6000,
in the case of legal persons, or € 3000 to € 5000,
in the case of individuals.
Article 198. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 - For the offenses provided in the
preceding paragraph may be applied sanctions provided in Article 21. et seq of the scheme
General of the contraventions.
3 - (Repealed)
4 - (Repealed)
5 - (Repealed)
6 - (Repealed)
7 - (Repealed)
8 - (Repealed)
9 - (Repealed)
10 - (Repealed)
Article 202. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 - Loading and unloading of foreign nationals outside the border posts for qualified
this end, in violation of the provisions of paragraph. 1 of Article 6. shall constitute an offense punishable with a counter
fine of € 50,000 to € 100,000.
4 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 207. °
[...]
1 - The application of fines and penalties acces-
vacation provided for in this chapter is the responsibility
the national director of SEF, who may delegate, without
prejudice to the specific powers granted to other entities for the paragraph. 9 of
Article 198. bis.
2 - For the purposes of the preceding paragraph, the
SEF organizes an individual record, subject to the
applicable legal standards on protection of
personal data.
Article 208. °
(Repealed)
Article 210. º
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 - They enjoy exemption or reduction of fees the
nationals of third countries when these countries is
ensured identical treatment to Portuguese citizens.
. Article 213
[...]
1 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a) Of the members of the household of the citizen
foreign object removal decision binding
or judicial expulsion when his dependents and since
they can not bear the respective costs;
b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . »
Article 3. º
Addition to Law no. No. 23/2007 of July 4
Are added to Law no. No. 23/2007 of July 4, Article 61. Thereof, 90. Thereof, 121. Thereof, 121. º-B, 121. º C-121. No-D
121. °-E, 121. °-F, 121. °-G, 121. Th-H 121. °, I 121. °-J, 121. ° K,
146. Thereof, 180. Thereof, 185. Thereof, 198. Thereof, 198. ° and 198-B. ° C, with
as follows:
"Article 61. Bis
Residence visa for highly skilled activity
exercised by subordinate employee
1 - is granted a residence visa for the finan-
ning of a highly qualified exerted
per worker subject to any State
third:
a) is the holder of an employment contract or promise
valid working contract with at least one
years duration, which remuneration is
annual, at least 1.5 times the gross annual salary
national average and three times the support index
social (IAS);
b) In the case of regulated profession, holds professional qualifications in duly substantiated with respect to the provisions of Law
no. 9/2009 of 4 March, or in a specific law on
the recognition of professional qualifications,
necessary to access and exercise of the profession
indicated in the contract of employment or promise of
employment contract;
c) In the case of unregulated profession, holds professional qualifications in the appropriate
activity or sector specified in the contract of employment
or promise of employment contract.
2 - For the purposes of employment in occupations of the great groups 1 and 2 Rating
International Standard (ISCO), indicated by Resolution
Council of Ministers, upon prior opinion of
Standing Committee for Social Dialogue, as
professions particularly in need of workers
nationals of third countries, the salary threshold set
in paragraph a) of n. 1 must correspond to at least
1.2 times the national average gross salary, or twice
IAS.Diário the value of the Republic, 1. grade - N. º 154 - August 9 2012 4203
3 - When there is doubt about the environment
activity and for verification of the adequacy
the professional experience of the national third State, the ministries responsible for the areas of employment and education and science issue opinions prior to
visa.
Article 90. Bis
Residence permits for activities
Investment
1 - is granted a residence permit for the purpose of carrying out an investment activity, the
nationals of third countries which fulfill:
a) satisfy the general requirements in
Article 77., except sub-paragraph a), no. 1;
b) are valid Schengen visa holders;
c) regularize their stay in Portugal within
90 days from the date of first entry into the country;
d) comply with the requirements set out in paragraph d)
Article 3. º
2 - It renewed the permit for two
years under this law, provided they maintain the requirements of paragraph d) of Article 3. º
3 - The conditions for applying the special scheme provided for in this Article, including the
minimum quantitative requirements, the time limits
residence and the evidence, are defined by
order of the members of the Government responsible for foreign affairs and administration
Internal.
Article 121. Bis
Beneficiaries of the 'Blue Card'
1 - The 'Blue Card' is the residence permit
entitles the holder to reside and engage in territory
national, a highly qualified, pursuant to and in accordance with the provisions of this section.
2 - The beneficiaries of the 'Blue Card' entitled
family reunification in accordance with Section IV.
3 - Not eligible for 'Blue Card' the
third-country nationals who:
a) are authorized to reside in a member state under the protection or have applied for temporary residence permit on that basis and
awaiting a decision on their status, as well as
beneficiaries of protection granted under the Act
no. No. 27/2008, dated June 30, or have applied
this protection and are awaiting a final decision on
their status;
b) Are family members of EU citizens,
in accordance with Law no. No. 37/2006 of 9 August;
c) have applied for or hold authorization
residence for the research activity under
the n. 1 of article 90. thereof;
d) enjoy the status of long-term resident in another EU member state, under the
subparagraphs a) and b), no. 1 of article 116. º;
e) Stay in Portugal for reasons of character
temporary, to exercise trade activities related to investment, such as seasonal workers
or seconded as part of a service;
f) Pursuant to an agreement between the EU and third country of nationality, enjoy
the rights of free movement equivalent
those of EU citizens;
g) Have the expulsion suspended for reasons of
fact or law.
Article 121. No. B-
Conditions for the granting of 'EU Blue Card'
1 - Is awarded 'Blue Card' for the purposes of
exercise activity highly qualified to citizens
National third state that, in addition to the con-
conditions laid down in Article 77., except that
in e), no. 1 of this, complete, cumulatively,
the following requirements:
a) Present employment contract consistent with the
exercise of a highly qualified and
duration of not less than one year, which corresponds to a
annual fee of at least 1.5 times the salary
Annual average gross national or, as provided in
no. 2 of article 61. thereof, of at least 1.2 times the national average gross annual salary;
b) they have health insurance or show proof of that is covered by the Service
National Health;
c) Be enrolled in social security;
d) In the case of unregulated profession, present
evidence of professional qualifications
high activity or sector specified in the contract
work promise or contract of employment contract;
e) In the case of regulated profession specified in
employment contract or promise in the contract of employment contract, to submit evidence
professional certification, if applicable.
2 - The applicant may be exempted from the requirement
referred to in subparagraph a) n. 1 of Article 77. whenever the holder the right to remain valid
national territory.
3 - For purposes of paragraph d), no. 1 is applicable
paragraphs.
the
3 and 4 of Article 61. Bis.
4 - The application for 'Blue Card' is
dismissed in the following situations:
a) When the employer there been sanctioned for use of illegal activity of workers
foreigners in the last five years;
b) For reasons of public order, public security
or public health.
Article 121. º C-
Competence
They are responsible for the decisions provided for in this section:
a) In case of cancellation, the member of the Government
responsible for internal administration, with
power to delegate the national director of the SEF;
b) In other cases, the national director of the SEF,
with the possibility of delegação.4204 Gazette, 1. grade - N. º 154 - August 9, 2012
Article 121. º-D
Procedure
1 - The application of 'EU Blue Card "must be submitted by a national of a third State, or his
employer, at the direction or regional offices
SEF in your area.
2 - The application shall be accompanied by documents showing that the applicant satisfies the conditions
set out in Article 121. º-B.
3 - If the information or documents provided
by the applicant are insufficient, the examination of the application
adjourned, in order to request information or
further documents, which must
be available within a period not less than 20 days
set by the SEF.
4 - The decision on the application the applicant is notified in writing within a period not exceeding 60 days.
5 - Decisions to grant or refusal of
renewal, as well as the cancellation of the 'Blue Card', shall be notified in writing to the respective
recipient, or his employer, indicating the
respective foundations, the right of judicial review and the respective term.
Article 121. º E
Expiration, renewal and issuance of 'EU Blue Card'
1 - The 'Blue Card' is valid for an initial
years, renewable for successive periods of two years.
2 - The renewal of the 'EU Blue Card "must be requested by the applicant within 30 days before the expiry
its validity.
3 - The 'Blue Card' is issued in accordance with the
uniform format for residence permits for nationals
of third States as provided in Ordinance
no. No 1432/2008 of December 10 and must be entered on
heading 'Type of Title' heading 'EU Blue Card'.
4 - It is applicable to the issue of the 'Blue Card' the
Article 212. º
Article 121. º F-
Cancellation or refusal of renewal
the 'Blue Card'
1 - The 'Blue Card' is canceled when:
a) has been granted on the basis of statements
false or misleading, false documents, forged
or changed, or by using a fraudulent;
b) it is the proven practice of serious offenses by the holder or where there are strong
evidence of this practice or that the holder intends to commit such acts, including the territory
European Union;
c) There exist reasons of public policy,
public security or public health.
2 - The renewal of the 'Blue Card' is only granted
when it is:
a) The holder continues to meet or satisfy the conditions of entry and residence laid down in this
section, or when maintaining the conditions permitting the emission of the document;
b) The holder has the means of subsistence, as defined by ordinance of the members
Government responsible for the administration
domestic and social security, bearing in mind, namely, failure to support the security feature
social, excluding unemployment benefits;
c) The holder has been convicted of a felony sentence or sentences in which, individually or cumulatively,
exceed one year in prison;
d) Do not raise issues of public policy,
public safety or public health.
Article 121. No. G-
Access to the labor market
1 - During the first two years of employment
legal in the country, access to the holder of the 'Blue Card' to the labor market is limited to
exercise of remunerated activities which meet the
conditions referred to in Article 121. º-B.
2 - During the first two years of legal employment in the country the holder of a 'blue card
EU 'must communicate changes that affect
conditions for the grant, in writing, in advance if possible, the SEF.
Article 121. No. H-
Equal treatment
1 - Holders of 'EU Blue Card' benefit from
equal treatment with nationals as regards:
a) the working conditions, including remuneration
and dismissal, as well as the requirements of health and
occupational safety;
b) freedom of association and affiliation and membership of
an organization representing workers or
employers, or any organization whose members are engaged in a specific occupation, including the
advantages conferred by such organizations,
without prejudice to national provisions on
public order and safety;
c) education and vocational training under
the requirements defined in the applicable legislation;
d) recognition of diplomas, certificates and
other professional qualifications, in accordance
with applicable law;
e) provisions relating to safety
social;
f) the payment of pensions for old age legally acquired based on income and the rate
applicable;
g) access to goods and services and the provision of
goods and services to the public, including procedures
for obtaining housing and the information and
counseling provided by employment services;
h) free access to the entire national territory.
2 - The right to equal treatment as
specified in no. 1 shall not affect the right to cancel or reject the 'Blue Card' under
Article 121. °-F.
3 - can be limited to equal treatment in
situations listed in point. 1, with the exception of b)
d) where the holder of a 'Blue Card' from another
Member state to move to the country, Gazette, 1. Grade - No. 154 - August 9 2012 4205
under Article 121. ° K, and has not yet been
making a positive decision on the granting of
'Blue Card' in Portugal.
4 - Where the decision referred to
preceding paragraph has not yet been adopted and the candidate is
allowed to work, equal treatment is complete.
Article 121. No-I
Status of long-term resident
for holders of 'EU Blue Card'
1 - Holders of 'EU Blue Card' wishing
granted the status of long-term resident is
The provisions of Articles 125. to 133. thereof, with the
modifications contained in the following.
2 - The status of long-term resident may
be granted to the holder of a 'Blue Card' that
has obtained in Portugal, under Article 121. º-B,
provided they are satisfied the
following conditions:
a) Five years of continuous legal residence in
European Union as the owner 'card
EU Blue ';
b) legal and continuous residence in Portuguese territory as the holder of 'EU Blue Card' in two years
immediately preceding the filing in Portugal
of the respective request.
3 - For the purposes of this article
matter of calculating the period of continuous legal residence in the European Union, periods of absence from
European Union does not interrupt the period
referred to in a) above, provided that less than 12 consecutive months and not exceeding
the whole 18 months.
4 - The preceding paragraph shall also apply in cases where a national of State
resided only in the third country
as the proprietor of 'EU Blue Card'.
5 - The loss of the status of long-term residence for former holders of 'EU Blue Card' applies to
provided for in Article 131. º mutatis mutandis
as regards the period referred to in subparagraph c), no. 1
thereof, which is extended to 24 consecutive months.
Article 121. No. J-
Residence permit for long-term
1 - Holders of a 'Blue Card' that the conditions laid down in the previous article to
obtaining the status of long-term resident is
EU issued a title for long-term residence.
2 - Under the heading 'observations' of the residence permit
referred to in the preceding paragraph, shall be inscribed 'Ex-
Holder of an EU Blue Card '.
Article 121. ° K
Residence permit holders to 'card
EU Blue 'in another member state
1 - The holder of 'EU Blue Card' who has resided
at least 18 months as the holder of 'EU Blue Card'
the Member State which granted him the first time,
can move to Portugal for the purpose of exercise
ning of a highly qualified and to be
track of their family.
2 - Applications for 'Blue Card' territory
national and, where applicable, residence permit for family reunification must
be submitted within 30 days after entry
on national territory by the proprietor of 'EU Blue Card' for
another Member State.
3 - The application referred to in the preceding paragraph is accompanied by proof of the
referred to in n. 1 and that he fulfills the conditions
no. 1 of article 121. º-B, followed by other procedures
provided for instruction and decision on the application.
4 - The application may be dismissed pursuant to. 4
Article 121. º-B or the 'Blue Card' issued by
another Member State has expired or been canceled
during consideration of the request.
5 - In case of refusal, and subject to the following paragraph, the third national of State and their employer are
severally liable for the costs associated
return and readmission of persons entitled to 'Blue Card'
and their families.
6 - When the application is refused on the grounds of a) of n. 4 of article 121. º-B, the responsibility for the costs referred to in the preceding
is unique to the employer.
7 - decisions on applications submitted under this Article shall be communicated
writing by the SEF, the authorities of the Member State
which comes from the holder of the 'Blue Card', preferably by electronic means.
Article 146. Bis
Conditions of detention
1 - Foreigners arrested in installation center
temporary space or equivalent is authorized, upon request,
to contact their legal representatives, family members and competent consular authorities.
2 - Foreigners arrested in installation center
temporary space or equivalent is entitled to communicate with your lawyer or advocate in private.
3 - The foreigner detained in the center installation
Temporary space equivalent or entitled to the benefit
of emergency health care and basic treatment
diseases, should give particular attention to the situation
vulnerable people, especially minors, minors
unaccompanied, disabled, elderly,
pregnant women, families with minor children and persons who have been victims of torture, rape or other forms
serious psychological, physical or sexual.
4 - Under the powers of management of the centers
temporary reception given to the SEF, may
be concluded agreements with national organizations
or international work recognized in the area of
immigration, in order to define the form of authorization and
conditions of those visits.
5 - When detained foreign document is provided
containing the rules applied in the center installation
temporary or area treated, and its
rights and duties, including the right to contact
the entities referred to. 1.
6 - Families detained should be housed in
separate locations to ensure proper privacidade.4206 Gazette, 1. grade - No. 154 - August 9, 2012
7 - Minors in detention shall be accompanied
opportunity to participate in leisure activities, including play and recreational activities themselves
their age, and, depending on length of stay,
must have access to education.
Article 180. Bis
Implementation of expulsion decisions
1 - The decision of the organization or participation
Portuguese State in joint flights for removal
the territory of two or more Member States to nationals of third countries subject to a decision
of coercive removal or deportation order is the
competence of the national director of the SEF.
2 - The decision is guided by principles of
efficiency by sharing existing resources and
In particular, the observance of international conventions or agreements on human rights
binding on member states.
3 - Whenever it decides to organize an operation
joint removal by air, open to participation by other Member States, shall ensure that:
a) Information is essential to the competent authorities of other member states, with
order to determine the respective interest in participating
in operation;
b) The implementation of measures necessary for the proper development of joint operation with
This, in particular, Article 4. No. of
Council Decision n. 2004/573/EC of 29 April
and respective Annex.
4 - For the purposes of the preceding paragraph, the authority
national organizer undertakes, in harmony
the common guidelines on the provisions
security contained therein, to:
a) Strive to which nationals of third countries are holders of valid travel documents,
as well as visas, if necessary, for
country or countries of transit or destination of the joint flight;
b) provide adequate medical care, medication and linguistic as well as escort services,
whose performance obeys the principles of necessity,
proportionality and identification provided for in Article 180. thereof;
c) Monitor each joint operation of removal, by monitoring a suitable entity,
to be designated by the member of Government responsible for internal administration;
d) Develop and confidential internal report of the joint operation of removal integrating, and preferably if any, statements of incidents
or application of coercive measures or medical and
partial reports of the other participating Member States.
5 - Without prejudice to compliance with the Decision of
N Council. Respective 2004/573/EC and Annex, the participation of the Portuguese State in joint operations
organized by other Member States shall apply,
mutatis mutandis, the rules contained in
this article.
In art. 185-A
Use of citizen activity
illegal alien
1 - Who, as usual, using the work
of foreign nationals who do not hold
residence permit or visa to enable that
remain legally in Portugal, is punishable with
imprisonment up to one year or a fine of up to
240 days.
2 - Who, in the cases referred to in the preceding paragraph, using simultaneously the activity of a number
significant number of illegal aliens,
shall be punished with imprisonment up to two years or penalty
fine of up to 480 days.
3 - Anyone using the work of a foreign citizen,
minor, illegal, even if admitted
required to work under the Labor Code, is
punished with imprisonment up to two years or with penalty
fine of up to 480 days.
4 - If the conduct referred to in the preceding
are accompanied by particularly exploitative working conditions or degrading treatment, the agent is punished
with imprisonment of one to five years, is worth more
record does not fit under any other provision of law.
5 - The employer or user of the work or services for illegal alien with
this knowledge to be the victim of criminal offenses
related to trafficking in persons, is punishable with
imprisonment from two to six years if more severe punishment does not fit
under another statutory provision.
6 - In case of recidivism, the limits of penalties
are high in general.
7 - The penalties applicable to entities referred to in
no. 1 of article 182. shall be as fine, which limits mi-
imum and maximum shall be doubled, and may also
be declared the ban on the exercise of the activity
period of three months to five years.
Article 198. Bis
Use of citizen activity
illegal alien
1 - Anyone using the activity of foreign citizens
not enabled with a residence permit or visa
authorizing the exercise of a professional activity
subject, is subject to the application of one of the following fines:
a) From € 2000 to € 10 000, using the activity of 1 to
4 citizens;
b) From € 4000 to € 15 000, using the activity of the 5
10 citizens;
c) From € 6000 to € 30 000, using the activity of 11 to
50 citizens;
d) to € 10 000 € 90 000, using the activity of
more than 50 people.
2 - For the offenses provided in the
this Article may apply the following sanctions
Accessory:
a) provided for in Article 21. ff Regime
General of the contraventions;
b) The obligation to repay some or all
benefits, aids or subsidies, including
EU funding granted to the in-Gazette, 1. grade - No. 154 - August 9 2012 4207
preacher than 12 months before detection using
the activity of foreign citizens illegally when contraordenação has been practiced in
because of exercise or activity for which it was
the subsidy;
c) publish the judgment.
3 - The sanctions referred to in subparagraphs b) to g) n. 1
Article 21. of the Legal Framework of the contraventions,
when applied under the previous paragraph, have a maximum duration of five years.
4 - The sanction referred to in subparagraph c) above. 2
of this article assumes:
a) The publication at the expense of the offender, a statement with the identification of the offender, the offense, the
rule infringed and the penalty imposed, the portal of the SEF
Internet, a national newspaper and periodical regional or local area headquarters
the offender;
b) The sending of the statement referred to in the preceding paragraph
competent administrative authority, whenever the
exercise or access to the service activity provided by
offender lacks administrative permissions, including permits, licenses, authorizations, validations,
endorsements, certificates and deeds issued in connection
prior communications and records.
5 - The employer, the user under contract to provide services, according to a transfer
or occasional use of temporary work
and general contractor are jointly and severally liable:
a) By payment of the fines provided in paragraphs
and previous salary claims arising from contract
work, or your violation of its termination;
b) the penalties arising from failure of
labor legislation;
c) the sanctions resulting from non-declaration of
income subject to deductions for administration
tax and social security in relation to work performed by foreign workers whose activity
was used illegally;
d) For the payment of expenses necessary to stay
and removal of foreign nationals involved;
e) For the payment of any costs
sending funds arising from claims for labor
the country to which the alien has returned
voluntarily or coercively.
6 - It also meets jointly under
the preceding paragraph, the developer who does not obtain the
other contracting party statement of compliance
obligations under the law for foreign workers hired.
7 - If the developer is the Pu-Administration
Republic, the failure to comply with the preceding paragraph is
capable of generating disciplinary liability.
8 - For the purpose of accounting for credits
wage and income subject to discounts
for tax and social security, it is assumed that, without prejudice to
labor legislation and taxation, the level of remuneration
corresponds at least to the minimum wage by law, collective agreements or
according to established practices in the areas of
activity in question, and that the working relationship has
at least three months duration, unless the employer, the user's activity or the worker
can prove otherwise.
9 - Under labor law is contraordenação very serious breach of the obliga-
conditions laid down in paragraphs.
the
5 and 6.
10 - In case of non-payment of amounts in
debt relating to wage claims arising from work actually performed, as well as the payment
expenditure needed to stay and removal of
foreign citizens involved, the note settlement
made in the respective process is enforceable
applying the rules of the common process of execution
to pay the right amount.
11 - If the offender is one conference or the equivalent,
account for the payment of a fine, jointly and severally
with that, the respective administrators, managers
or directors.
Article 198. No. B-
Support for third-country national citizen
whose activity was used illegally
1 - Trade unions and associations of immigrants
representative recognized by law, by
ACIDI, I. P., and other entities with responsibilities or activities in the integration of immigrants, may have
complaint against the employer and user of the activity of foreign citizens illegally, along
service of the ministry with competence inspetiva
responsible for labor, particularly in the following cases:
a) For failure to pay wage claims;
b) the existence of employment relationship that reveals
lack of social conditions, wage exploitation
or time or particularly exploitative working conditions;
c) illegal use of minor activity.
2 - Notwithstanding the preceding paragraph,
organizations whose purpose is the protection or promotion
rights and interests of immigrants, particularly against the use of alien activity illegal, the use of activity
of minors, discrimination concerning
access to employment, training or conditions of
self-employment or provision of subordinate
have legal standing to intervene on behalf or in support of the person concerned,
provided that, cumulatively, if the following conditions:
a) If you explicitly include in their assignments or
in its statutory objectives to protect the interests
concerned;
b) there is express authorization of the person concerned.
3 - The return, voluntary or enforced, the country of
origin of the national of a third country, whose business is used illegally, is without prejudice
in the preceding paragraphs.
4 - The nationals of third countries whose
activity is used illegally that are the subject of 4208 Official Gazette, 1. grade - No. 154 - August 9, 2012
decision coercive removal of the Portuguese territory
are informed of their rights under this Article
upon notification of the expulsion decision
binding under Article 149. º
Article 198. º C-
Inspections
1 - SEF is competent to carry out inspections
regular use to control the activity
of third-country nationals who are in
illegally in the territory under
no. 2 of article 181. º
2 - The inspections referred to in n. 1 are made
taking into account the evaluation made by SEF risk
existing in the country to use the activity
country nationals illegally staying third,
by sector.
3 - SEF broadcasts by the end of May
each year to the Minister responsible
for internal administration, which communicates
the European Commission until July 1, the final report of inspections conducted pursuant
of the previous year and with reference to
history. "
Article 4. º
Regulation
Changes to the law regulating Law no. No. 23/2007,
July 4, under this law, as well as
ordinances and other rules involved in this, are approved within 90 days.
Article. 5
Repeal
Are deleted b) of Article 45., Paragraphs.
the
2, 4 and
5 of Article 47., Article 50. Paragraph, subparagraph a) of Article 66. Thereof,
points c) and d). 2 of article 125., paragraphs.
the
3-10
Article 198. and Article 208. of Law no. No. 23/2007 of 4
July.
Article 6. º
Systematic changes
1 - Chapter VI with the name 'Residence
in the national territory 'shall be divided into the following
sections and subsections:
a) Section I, 'General Provisions', composed of 74 articles. to 87. thereof;
b) Section II, «residence permit»:
i) Subsection I, 'Residence permit for
exercise of professional activity ", composed by
88 articles. to 90 º. º;
ii) Subsection II 'Residence permit for investment activity ", composed by Article 90. bis;
iii) Sub-section III 'residence permit for study, unpaid professional internships or volunteer work ", composed by 91 articles. to 97. thereof;
iv) Subsection IV, "Residence permit for
family reunification ", composed by 98 articles. º
at 108.;
v) Subsection V 'residence permit to victims
trafficking in persons or action to facilitate illegal
Illegal ", composed by 109 articles. to 115. thereof;
vi) Subsection VI, "residence permit to holders of the status of long-term resident in another
European Union member state ", composed by
116 articles. to 121 º. º;
vii) Subsection VII 'residence permit' card
EU Blue '", composed by 121 articles. No. A-121. ° K;
viii) Subsection VIII, "residence permit in
special situations ", composed by 122 articles. to 124 º. º
2 - Sections II and IV of Chapter VIII spend
be called respectively 'Pitch coercive
determined by the administrative authority "and" Exe cation
expulsion decisions coercive and judicial expulsion. "
Article 7. º
Changes in terminology
References in Law no. No. 23/2007 of 4 July, "Foreign Minister", "Minister
of Home Affairs', 'Minister of Labour',
'Minister of Education "," Minister of Solidarity
Social ',' Ministry of Science, Technology and Education
Superior "," director general of SEF ',' General Inspection
Labour ',' Title CE ',' CE ',' Resident CE '
"Community scheme", "joint order" and "order
set 'are replaced respectively by "a member of Government responsible for the business
foreigners ',' member of government responsible for
internal administration ',' member of the Government
responsible for employment "," member of government responsible for education and science "
"Member of the Government responsible for social security and solidarity ',' Ministry of Education and
Science ',' national director of SEF ',' Authority
Working Conditions', 'Title EU "," EU "," EU resident "," scheme of the European Union', 'decree'
and 'order'.
Article 8. º
Republication
It is reprinted in the Annex hereto, which
is an integral part, Law no. No. 23/2007 of July 4, with
the current wording.
Article 9. º
Entry into force
This law enters into force 60 days after the date of
its publication.
Approved on June 8, 2012.
The President of Parliament, Maria
Assumption A. Esteves.
Enacted on July 25, 2012.
To be published.
The President of the Republic, Anibal Cavaco Silva.
Approved on July 26, 2012.
The Prime Minister, Pedro Passos Coelho.Diário Republic, 1. Grade - No. 154 - August 9 2012 4209
ANNEX
(Referred to in Article 8. º)
Republication of Law no. No. 23/2007 of July 4
CHAPTER I
General Provisions
Article 1. º
Object
This law defines the conditions and procedures
entry, stay, departure and expulsion of
foreigners from Portuguese territory, as well as the status
of long-term resident.
Article 2. º
Transposition of directives
1 - This law transposes into national law the following EU directives:
a) Policy no. No 2003/86/EC of the Council of 22 September on the right to family reunification;
b) Policy no. º 2003/110/EC of the Council of 25 November, on assistance in cases of transit for the purposes
removal by air;
c) Policy no. º 2003/109/EC of the Council of 25
November on the status of third country nationals
the 3rd long-term residents;
d) Policy no. No 2004/81/EC of the Council of 29 April,
on the residence permit issued to nationals
third countries who are victims of trafficking
human or object of an action to facilitate illegal
illegal and to cooperate with the competent authorities;
e) Policy no. No 2004/82/EC of the Council of 29 April,
on the obligation of carriers to communicate passenger carriers;
f) Policy no. º 2004/114/EC of the Council of 13
December on the conditions of admission of
third countries for the purposes of studies, pupil exchange, unremunerated training or
volunteering;
g) Policy no. No 2005/71/EC of the Council of 12 October on a specific procedure for admitting
third-country nationals for research purposes
scientific;
h) Policy no. º 2008/115/EC of the European Parliament and
of the Council of 16 December on common standards and procedures in Member States for returning
country nationals illegally staying third;
i) Policy no. No 2009/50/EC of the Council of May 25,
on the conditions of entry and residence of third country nationals for employment highly
qualified;
j) Policy no. No 2009/52/EC of the European Parliament and
Council of 18 June laying down minimum standards
on sanctions and measures against employers of illegally
third country in irregular situation;
k) Policy no. º 2011/51/UE of the European Parliament
and the Council of 11 May amending Policy
no. º 2003/109/EC of the Council to extend its
scope to beneficiaries of international protection;
l) Policy no. º 2011/98/UE, the European Parliament and
Council of 13 December on a procedure
single application to grant a single authorization
country nationals to reside and work in the territory of a member state and a set
rights for workers from third countries
legally residing in a member state.
2 - At the same time proceeds to the consolidation in
national law transposing the Community of the following acts:
a) Framework Decision, the Council of 28 November
2002 on strengthening the penal framework to prevent unauthorized entry, transit and residence
irregular;
b) Policy no. No 2001/40/EC of the Council of May 28,
on the mutual recognition of decisions on the expulsion of third country nationals;
c) Policy no. No 2001/51/EC of the Council of 28 June, supplementing the provisions of Article 26. of the Convention implementing the Schengen Agreement of 14
June 1985;
d) Policy no. No 2002/90/EC of the Council of 28
November concerning the definition of unauthorized entry,
transit and residence.
Article 3. º
Definitions
For the purposes of this Act are:
a) "highly qualified activity" that the exercise of which requires specific expertise or
excecional character and consequently a qualification
suitable for the respective operation, in particular of
higher education;
b) 'independent professional activity' means any activity performed in person, under a contract
service on the exercise of a
profession or in the form of society;
c) "temporary professional activity 'that
which has a seasonal character or not durable, and can not
exceed the duration of six months, except when such
activity is performed within an investment contract;
d) "investment activity" any activity
exercised personally or through a company that
leads, as a rule, the implementation of at least one
of the following situations in the country and a
minimum period of five years:
i) Transfer of capital in the amount not less than EUR 1 million;
ii) Establishment of at least 30 jobs;
iii) Acquisition of real property for equal or greater value
500 thousand euros;
e) 'EU Blue Card "residence permit entitling
a third-country nationals to reside and engage in
national territory, a professional activity subject
highly qualified;
f) 'research center' means any type of organism,
public or private, or research and development unit, public or private, to undertake research
and be officially recognized; 4210 Gazette, 1. grade - N. º 154 - August 9, 2012
g) "particularly exploitative working conditions'
working conditions, including those resulting from
discrimination based on gender or other, they are
manifestly disproportionate in relation to applicable
workers employed legally and, for example, are likely to affect the health and safety
workers or are contrary to human dignity
human;
h) "Convention implementing" the Convention Implementing the Schengen Agreement of 14 June 1985,
signed in Schengen on 19 June 1990;
i) "coercive expulsion decision" an administrative act that declares a national illegal
third country and determines the relevant technical departure from the territory
national;
j) "educational institution" means an establishment,
public or private, officially recognized and whose programs of study are recognized;
k) 'third State' means any State not
European Union member who is not party to the Convention implementing or where this is not in
application;
l) 'unremunerated trainee "a national of a State
third party who has been admitted to the territory for
undertake a period of unpaid training, in
accordance with applicable law;
m) "student of higher education" a national of a
Third State which has been accepted by an institution of higher education to attend, as a main activity, a program of full-time studies,
conducive to obtaining a degree or a
recognized university degree, which can include
a course of preparation for such studies or perform
investigations to obtain a degree;
n) "student of secondary school 'means a national
Third State who has been admitted in the country to attend secondary school, under
a recognized exchange program or by
Individual admission;
o) 'external borders' borders with third countries, airports in respect of flights
have as their origin or destination the States not bound by the Convention, as well as
seaports, except in the case of links
Portuguese territory and regular flights transhipment
between States Parties to the Convention of Application;
p) 'internal borders' the common land borders
with the States Parties to the Convention, the
airports, with regard to flights solely and directly from or to the territories of
States Parties to the Convention, as well as
seaports, with regard to regular connections
ships that perform transfer operations exclusively from or destined for other ports in
territories of the States Parties to the Convention,
without calling at any ports outside those territories;
q) "Researcher" a third country national holder
a suitably qualified higher education that is
admitted by a research center to conduct a
research project that typically requires that
qualification;
r) "Volunteer Program" a program of activities of practical solidarity, based on a program
State or the European Community, to pursue goals
of general interest;
s) 'international protection' recognition by a
State member of a national of a third country or
a stateless person with refugee status or status
subsidiary protection;
t) 'higher professional qualifications "quali-
tions attested by a diploma of higher education or
for a minimum of five years of professional experience
level comparable to higher education qualifications
that is relevant in the profession or sector specified
in the employment contract or promise of contract
work;
u) 'Return' the return of third country nationals to their country of origin or due
of an expulsion or under agreements
Community or bilateral readmission agreements or other
Conventions, or to another third country option
foreign citizen and what is accepted;
v) "Legal Resident" qualified foreign citizens
with residence permit in Portugal, valid for a
more than one year;
w) "Company" companies from civil or commercial law, including cooperative societies and other
legal persons under public or private, except those that are non-profitmaking;
x) 'residence permit' means the document issued
According to the rules and uniform in force
European Union by third country national with a residence permit;
y) "Airport transit" passage for the purpose
of removal by air, the national
a third State and, if necessary, the escort, the
the airport site;
z) "carrier" any individual or collective that provides air transport services, maritime or
passenger land a professional capacity;
aa) 'International Zone of the port or airport "means the area
between the points of embarkation and disembarkation are installed and where the control points
documentation of persons;
bb) "Area treated as a temporary reception center" created their own space in the international area
Portuguese airport for the installation of passenger
not allowed in domestic and awaiting
reloading.
Article 4. º
Scope
1 - The provisions of this law applies to citizens
foreigners and stateless persons.
2 - Without prejudice to their application and subsidiary
express reference to the contrary, the Act does not apply to:
a) nationals of an EU Member State, a State party to the European Economic Area
or a third country with which the Community
Europe has an agreement of free movement
people;
b) Third-country nationals residing in the country as refugees, beneficiaries of
subsidiary protection under the regulatory provisions
beneficiaries of asylum or temporary protection;
c) Third-country nationals family members
of the Portuguese citizen or foreign national covered
anteriores.Diário by points of the Republic, 1. grade - N. º 154 - August 9 2012 4211
Article. 5
Special schemes
1 - The provisions of this Act shall not prejudice the schemes
Special provisions of:
a) bilateral or multilateral agreements between
the European Community or the European Community and the
its member states on the one hand, and one or more Member
countries on the other;
b) international conventions to which Portugal is a Party
or that becomes bound, in particular held or to
will conclude with Portuguese-speaking countries,
bilaterally or within the Community of the Countries
Portuguese-speaking;
c) Protocols and memoranda of understanding concluded between Portugal and third countries.
2 - The provisions of this Law shall not affect the obliga-
tions under the Convention on the Status of
Refugees, adopted in Geneva on July 28, 1951,
amended by the Additional Protocol to the Convention on
the Status of Refugees, adopted in New York
January 31, 1967, the international conventions
human rights and international conventions on extradition of persons to which Portugal
Party or to which it binds.
CHAPTER II
Entry and exit from national territory
SECTION I
Crossing the border
Article 6. º
Border control
1 - The entry and exit of the Portuguese territory perform-
To the border posts and qualified for this purpose
during the respective hours of operation, without prejudice
the provisions of the Convention.
2 - are subject to inspection at border crossings, the
individuals who enter national territory or leaving
where they originate or are destined for States not
are Party to the Convention.
3 - The preceding paragraph shall also apply
individuals using an internal portion of a flight
originating or terminating in states not party
the Convention.
4 - Border control can be carried aboard
vessels in navigation, on application by the ship's captain or the shipping agent and the payment
rate.
5 - After performing the output control of a vessel
or vessel, the Aliens and Borders
hereafter SEF issues the respective clearance
output and is the one impediment to miss out
the ship from port.
6 - For reasons of public order and national security may, after consultation with the other States Parties
the Schengen Agreement, excecionalmente be reset,
for a limited period, documentary checks in
internal borders.
Article 7. º
International Zone of ports
1 - The international zone is coincident in the ports
jurisdiction of the port management areas with
sealed and dock areas free of docks with the points
loading and unloading.
2 - The international zone of ports further comprises
plants of SEF.
Article 8. º
Access to the area of international ports and airports
1 - Access to the international zones of airports in
scale or transfer international calls, for
part of foreign nationals subject to visa requirements
scale, under this law, is subject to
ownership of it.
2 - The international zone of the port is restricted
and subject to authorization by the SEF.
3 - may be granted by the responsible post
maritime boundary, permits access to the international zone of the harbor for certain purposes, including visiting or providing services on board.
4 - For the issuing of access to the area
international port of entry and on board vessels
is an appropriate rate.
5 - In the maritime border posts may be granted licenses to come to earth crew of boats
and passengers traveling by ship, during the period in which the
they remain in port.
6 - The permit allows the recipient circulation in
area adjacent to the harbor and is granted by the SEF
request of the shipping agents accompanied by
waiver.
7 - may be granted short-term visas in
maritime border crossings, as provided herein.
SECTION II
Terms of entry
Article 9. º
Travel documents and documents
that replace them
1 - To enter or leave the Portuguese territory
Foreign citizens must carry a travel document recognized as valid.
2 - The validity of the travel document must exceed the length of stay, except in the case of re-entry
a foreign national resident in the country
3 - You may also enter the country or leave the
foreign nationals who:
a) Nationals of countries with which Portugal has international conventions which provide for the entry
with the identity card or equivalent document;
b) are covered by relevant agreements between
States Parties to the North Atlantic Treaty;
c) are holders of laissez-passer issued by the
State authorities that are national or state
representing them;
d) Those that hold the license or certificate of flight
crew referred to in Annexes no.
the
1 and 9 to the 4212 Con-Gazette, 1. Grade - No. 154 - August 9, 2012
Convention on International Civil Aviation, or other
document replacing them while in service;
e) the holders of identification
the sea referred to the Convention no. 108 of
International Labour Organisation, when
service;
f) Nationals of countries with which Portugal
have international conventions that allow them access only to the ballot registration sea when
in service.
4 - The laissez-passer provided for in subparagraph c) of the
above is valid only for transit, and when issued in
Portuguese territory, only allows the output of the country
5 - You may also enter the country or leave it,
with an expired passport, nationals of states with
which Portugal has international conventions that
direction.
6 - They can leave the Portuguese territory foreign nationals entitled to safe-conduct or
with travel document coercive removal
judicial expulsion of a citizen or national of a state
third.
Article 10. º
Entry visa
1 - For entry into the country, foreign nationals must also be in possession of valid visa
and suitable for the purpose of the movement granted under this law or the competent authorities of
States Parties to the Convention.
2 - The visa allows the holder to present themselves at
border post and request entry into the country
3 - They may, however, enter the country without a visa:
a) Foreign-enabled title
residence, extension of stay or the
identity card referred to in paragraph. 2 of article 87. thereof,
when valid;
b) Foreign nationals who benefit from the college in terms of international conventions to which
Portugal is a party.
4 - The visa may be canceled by the issuing
abroad or by the SEF in the national territory or at border crossings, when the holder is
object of a statement for the purposes of refusing entry
Schengen Information System, the Integrated
Information SEF or false statement in application
for the visa.
5 - The cancellation of visas by the SEF in terms of num-
previous number must be reported immediately to the contracting
station.
6 - The decision to cancel is given notice in
electronics via the High Commissioner for Immigration and Diá-
Intercultural logo, I. P., hereinafter ACIDI, I. P.,
and the Consultative Council for Immigration Affairs,
hereinafter referred to as the Advisory Council, indicating
of the respective grounds.
Article 11. º
Livelihood
1 - It is not allowed to enter the country for citizens
foreigners who have no means of subsistence
sufficient, both for the period of stay or to travel the country in which their admission is guaranteed,
or who are unable to acquire legal
these means.
2 - For the purposes of entry and residence, should the
foreigners have, in means of payment, per capita,
the values set by order of the members of the Government responsible for internal administration,
employment and social security, which can be
dispensed to those who prove they have food and lodging
provided during the relevant technical variation.
3 - The amounts fixed pursuant to paragraph
earlier are updated automatically according to
the percentage increase in national minimum wage higher.
Article 12. º
Statement of responsibility
1 - For the purposes of the preceding Article, the national of a third State may instead refer
liability waiver signed by a national
or alien entitled to stay in regular
Portuguese territory.
2 - The acceptance of the disclaimer above
in the previous paragraph depends on the proof of financial capacity of the respective subscriber and must include the
committed to ensuring:
a) The conditions of stay in the country;
b) replacement costs of removal, in the case of
illegal residence.
3 - under the previous paragraph does not preclude the responsibility of the entities referred to in Article 198. º
and 198. thereof, provided that they checked the respective assumptions.
4 - The disclaimer is enforceable obligation provided for in subparagraph b), no. 2.
5 - The model of the liability waiver is approved
by order of the national director of the SEF.
6 - The SEF implementation of a system
registration and filing of statements of responsibility appear, subject to the applicable rules
protection of personal data.
Article 13. º
Purpose and conditions of stay
Where it is deemed necessary to prove
the purpose and conditions of stay, the border authority may require the alien to present
adequate proof.
SECTION III
Declaration of entry and accommodation bulletin
Article 14.
Declaration of entry
1 - Foreigners entering the country by
not subject to a border control, from another State Gazette, 1. grade - N. º 154 - August 9 2012 4213
member, shall declare that fact within
three working days from the date of entry.
2 - The declaration of entry must be provided along
SEF, under the conditions prescribed by the member
Government responsible for the administration
Internal.
3 - The preceding paragraphs shall not apply
foreign citizens:
a) Residents or allowed to remain in the country by
more than six months;
b) Immediately after entering the country, to settle in
hotels or other types of accommodation
where applicable the provisions of paragraph. 1 of article 16. thereof;
c) who are beneficiaries of the scheme of the European Union or
treated.
. Article 15
Official accommodation
1 - sheet accommodation intended to allow
the control of foreigners in national territory.
2 - For each foreign citizen, including nationals of other member states of the European Union
is completed and personally signed a bulletin
accommodation, whose model is approved by order of
member of Government responsible for internal administration.
3 - It is not mandatory to fill in and sign
staff newsletters by both spouses and minor
accompanying them, as well as all members
of a tour group, this requirement may be
fulfilled by a spouse or a member of the
that group.
4 - In order to simplify the sending of bulletins housing, hotels and similar establishments should
proceed to the registration with the SEF as users
System Information Bulletins Housing,
so that they can carry out the relevant technical communication
electronics safely.
5 - The respective newsletters and duplicates, as well as
media substitutes referred to above, are
kept for a period of one year from the day
following the notification of the output.
Article 16. º
Communication of the housing
1 - The operating companies of establishments
hoteliers, means additional tourist accommodation and tourist complexes, as well as those
which provide, for remuneration, housing citizens
foreigners are obliged to notify within
three days, through accommodation bulletin,
SEF or in places where it does not exist, the
National Guard or the Public Security Police.
2 - After the departure of foreign citizens of that
accommodation, this must be reported within the same period,
entities mentioned in the preceding paragraph.
3 - Official accommodation made pursuant
the n. 4 of the preceding article shall be transmitted securely
under the conditions prescribed by the member of the Government
responsible for internal administration.
SECTION IV
Travel Documents
SUBSECTION I
Travel documents issued by the Portuguese authorities
in favor of foreigners
Article 17. º
Travel Documents
1 - The Portuguese authorities may issue the following travel documents for foreign nationals:
a) Passport for foreigners;
b) Travel document for refugees;
c) Permit;
d) travel document to coercive removal
or judicial expulsion of nationals of Member
third parties;
e) List of travel for students.
2 - Travel documents issued by the Portuguese authorities in favor of foreign non-
are evidence of the nationality of the holder.
Article 18. º
Passport for foreigners
The granting of a passport for foreign obeys
provisions in the legislation.
Article 19. º
Travel document for refugees
1 - Foreign nationals residing in the country in
as refugees under the law regulating
right to asylum and refugees covered by
provisions of § 11. of the Annex to the Convention Relating to the Status of Refugees, adopted in Geneva on July 28
1951, may obtain a travel permit a model for
approved by the member of government responsible
for internal administration.
2 - a travel document for refugees is valid for
period of one year, and extended and can be used in
unlimited number of trips, allowing the return of your
holder within the respective period of validity.
3 - a travel document for refugees may include
a single person or owner or adopted children and children
10 years.
4 - endorsements are not allowed in the title of
journey after issuance, except for endorsements
regarding extension of validity under paragraph. 2.
Article 20. º
Jurisdiction to grant the title
Refugee travel
They are responsible for the grant of the travel
for refugees and relevant technical extension:
a) In the country, the national director of the SEF,
with power to delegate;
b) In foreign diplomatic or consular authorities-
Portuguese policies, with the assent of SEF.4214 Gazette, 1. grade - N. º 154 - August 9, 2012
Article 21. º
Issue and control of the travel document for refugees
1 - The issuance of a travel document for refugees
responsibility to the authorities for their award.
2 - The SEF and the control of the national registry
travel vouchers issued.
Article 22. º
Conditions of validity of the travel document for refugees
1 - The travel permit is valid only for refugees
when filled in legible and conditions with all
spaces used when essential, or disposed of, otherwise.
2 - There are approved amendments or deletions of any kind.
3 - The photos must be current to use, color,
with a contrasting background and smooth and in good condition for
ID.
4 - A photograph of the holder and the signature of the entity
issuer of the travel shall be authenticated by affixing
the seal of the service.
5 - The travel permit is signed by the holder, unless
location indicated in the record, affixed by the issuer,
statement that does not know or can not sign.
. Article 23
Application for a travel document for refugees
1 - The application for a trip is made by
the applicant.
2 - The application for a travel permit for minors
is formulated:
a) For any parent, during the marriage;
b) The parent exercising parental responsibilities pursuant to court order;
c) Who, in the absence of parents, exercise, under the law, parental responsibilities.
3 - In the case of individuals declared prohibited
or disqualified, the request is made by those who exercise
guardianship or trusteeship over them.
4 - The national director of the SEF may, in justified cases, to supply, by order, the interventions provided
in n.
the
2 and 3.
Article 24. º
Limitations to the use of a travel document for refugees
The refugee who, using the travel permit granted
under this law, has been in country for which it is granted any of the categories listed
paragraphs 1-4 of section C of Article 1. of the Convention
Relating to the Status of Refugees, adopted in Geneva
on July 28, 1951, should provide himself with a travel
that country.
Article 25.
Misuse of the travel document for refugees
1 - They are seized by the authorities who are
produced and sent to the SEF headings travel
refugees used in breach of the law.
2 - may be refused acceptance of travel documents
whose identification of the individuals mentioned are presented nonconforming.
Article 26. º
Safe conduct
1 - may be granted safe passage to citizens
foreigners not residing in the country, demonstrating impossibility or difficulty of leaving the Portuguese territory.
2 - In exceptional cases, due to reasons
national interest or the fulfillment of international obligations, may be issued a safe-conduct to citizens
foreigners not residing in the country, prove the impossibility of obtaining any other travel document.
3 - The issue of safe-conduct for the purpose
solely to allow the output of the country rests with the national director of the SEF, with the possibility of
delegation.
4 - The issue of safe-conduct for the sole purpose of allowing the country is the responsibility of
embassies and consular posts of the Portuguese, with the assent of the SEF.
5 - The model of safe-conduct is approved by the member of Government responsible for the
affairs.
Article 27.
Travel document for expulsion or expulsion
of nationals of third countries
1 - When a national of a third State object
an expulsion or coercive judicial expulsion and does not have a travel document is issued
a document for this purpose.
2 - The document referred to in the preceding paragraph is valid
for one trip.
3 - The model of the document is approved by order
the Cabinet member responsible for internal administration.
Subsection II
Travel documents issued by foreign authorities
Article 28.
Control of travel documents
The non-citizens authorized to
travel documents issued in the national territory by the diplomatic missions or consular posts overseas
must submit them within three days after the date of
emission, the SEF in order to be targeted.
SECTION V
Entry and exit of national students
of third
Article 29. º
Entry and residence of students
EU residents
1 - Students third-country nationals residing in the territory of other member states of the Union Gazette, 1. Grade - No. 154 - August 9 2012 4215
European Union may enter and remain temporarily in
country without a visa when
traveling on a school trip organized by the school officially recognized.
2 - For purposes of the previous students
must:
a) Be accompanied by a teacher from the school;
b) be included in the list of students participating
the trip, issued by respective establishment where
specifying their identification as well as the purpose and circumstances of the trip;
c) Possession of a valid travel document.
3 - The requirement in paragraph c) above is waived when students appear on a
list, duly certified by competent authority
State of the State of origin, that contains the following elements:
a) Recent photographs of students;
b) Confirmation of your resident status;
c) Authorization of reentry.
Article 30. º
Output of students residing in the country
Students residing third-country nationals
in national territory may also leave for other
EU member states, from which there are requirements of the preceding article, competing the SEF
authentication of the list referred to by the same standard.
SECTION VI
Entry and exit of minors
Article 31. º
Entry and exit of minors
1 - Without prejudice to any forms of tourism or exchange
juvenile, the competent authority shall refuse entry to
Country to foreign nationals under 18 years old when
unaccompanied by those who exercise the responsibilities
parents in the Portuguese territory or when there is
who, duly authorized by the legal representative
take responsibility for their stay.
2 - Except in exceptional cases, duly justified, is not permitted to enter the Portuguese territory of
less foreign liabilities when the holder
parent or person who is not trusted
admitted to the country
3 - If the foreign minor is not allowed in the Portuguese territory, must also be refused entry to the
person who has been entrusted.
4 - It refused exit from Portuguese to minors traveling unaccompanied foreign residents
who exercises parental responsibilities and not
are provided with authorization granted by it,
legally certified.
5 - to wait for Unaccompanied Minors
a decision on their admission to the territory
or on their return should be granted all
material support and assistance necessary to satisfy the
their basic needs for nutrition, hygiene,
accommodation and medical assistance.
6 - Unaccompanied children can only be repatriated to their country of origin or third country
who is willing to accept them if there are guarantees
they are assured on arrival reception and
suitable support.
SECTION VII
Refusal of entry
. Article 32
Refusal of entry
1 - The entry into Portuguese territory is denied to
foreign nationals who:
a) does not meet all legal requirements
input, or
b) are listed for the purposes of refusing entry into
Schengen Information System, or
c) are listed for the purposes of refusing entry into
Integrated Information System of the SEF, or
d) They are in danger or serious threat to
public, national security, public health or
the international relations of member states of the Union
European as well as states where effective on the Convention
Application.
2 - The refusal of entry on the basis of reasons
public health can be based on the diseases as defined
in the applicable of the World
Health or other infectious or parasitic diseases
contagious object of protective measures in the territory
National.
3 - can be imposed on third country national
the submission to medical examination in order to be certified
that does not suffer from any of the diseases mentioned
in the preceding paragraph, as well as medical measures
appropriate.
Article 33.
Indication for the purposes of refusing entry
1 - They are suitable for the purposes of refusing entry
Integrated Information System SEF citizens
foreigners:
a) What have been the subject of an expulsion or coercive judicial expulsion of the country;
b) have been returned to another country under
a readmission agreement;
c) In respect of which there are strong indications that they
committed serious offenses;
d) In respect of which there are strong indications that
intend to commit serious criminal offenses or who pose a threat to public order, safety
national or international relations of a State
EU Member States or where effective on the
Implementing Convention;
e) Who have been taken to the border, pursuant
Article 147. Gazette No. 4216, 1. grade - No. 154 - August 9, 2012
2 - are also indicated in the Integrated Information System of the SEF for the purposes of refusing entry beneficiaries of assisted voluntary return under
Article 139. thereof, the indication being eliminated in the case planned
in n. 3 of that provision.
3 - may be indicated, for the purposes of refusing entry,
foreign nationals who have been convicted
by judgment with res judicata in deprivation
duration of freedom of not less than one year, although
this has not been fulfilled, or have suffered more
a conviction in the same sentence, even though its
implementation has been suspended.
4 - The disqualification of entry that do not depend on terms defined under this law are
periodically re-examined with a view to maintaining
or deletion.
5 - The disqualification of entry other than
have been enacted and are legally
subject to the terms defined in accordance with this
law may be reviewed at any time, initiated by the national director of the SEF and given reasons
humanitarian or national interest in view
their elimination.
6 - The appointment of a foreigner in the System
Schengen information depends on the decision made
by the competent authorities of a State Party to the Convention.
7 - It is the responsibility of the national director of the SEF
indication of a foreign citizen in the Schengen Information System or the Integrated Information System
SEF for the purposes of refusing entry.
Article 34. º
Seizure of travel documents
When the refusal of entry is based on the presentation
travel document false, counterfeit, or fraudulently obtained others, it is apprehended and sent
to the entity or foreign jurisdiction in
accordance with the applicable provisions.
Article 35. º
Checking the validity of documents
The SEF may, in cases of doubt about the authenticity
documents issued by the Portuguese authorities
access to information in the process that allowed
issuing the passport, identity card or any other document used for crossing
borders.
Article 36. º
Limits to refuse entry
Except as referred to in subparagraphs a), c)
and d). 1 and n. 3 of Article 33. shall not be refused
entry to foreign nationals who:
a) Were born in Portuguese territory and are habitually resident here;
b) have minor children in charge of nationality
Portuguese or foreign, in this case with legal residence
in Portugal, over which they exercise parental responsibilities effectively and those who provide maintenance
and education.
Article 37. º
Competence to refuse entry
The refusal of entry into national territory is a matter for the national director of the SEF, with the possibility of
delegation.
. Article 38
Decision and notification
1 - The refusal of entry is given after
hearing of the alien, it's worth, for all
effects, as the audience interested, and is immediately
communicated to the diplomatic or consular representation of the
their country of origin.
2 - The refusal of entry is served on the person, in language that presumably can understand,
with details of their grounds, it must appear
the right to judicial review and the respective term.
3 - It is also reported to the carrier
purposes of Article 41. º
4 - Where it is not possible to make the transfer to a foreign citizen within 48 hours after
the decision to refuse entry, the fact is made known to the judge's judgment of small criminal proceedings in
relevant technical area of jurisdiction, or county court,
Other parts of the country, to be determined
maintaining that in a temporary reception center
or equivalent space.
Article 39. º
Judicial review
The refusal of entry is susceptible to judicial review with effect devolutive before
the administrative courts.
Article 40. º
Rights of the foreign citizen not admitted
1 - During the stay in the area of international
port or airport or at a temporary reception center
or equivalent area, the alien who has
been refused entry into Portuguese territory can communicate with the diplomatic or consular representation of their
country or with any person of his choice, benefiting
also, assistance of an interpreter and care
health, including the presence of a physician, when necessary,
and all the support equipment needed to meet its
basic needs.
2 - Foreign citizens who have been refused
entry into national territory is guaranteed, timely,
access to legal assistance by counsel at the expense
of his own or on request for legal protection, applying,
mutatis mutandis, the Law n. º 34/2004 of 29
July in the scheme provided for the appointment of advocate
defendant for urgent steps.
3 - For the purposes of the preceding paragraph, the guarantee of legal assistance to foreign citizens do not
admission may be subject to a protocol signed between
the Ministry of Internal Affairs, the Ministry of
Justice and the Bar Association.
4 - Notwithstanding the protection afforded by the law of
asylum, is also guaranteed to the citizen who is the subject Gazette, 1. grade - No. 154 - August 9 2012 4217
decision to refuse entry to comply with the
mutandis, the provisions of article 143. º
CHAPTER III
Obligations of carriers
Article 41. º
Liability of carriers
1 - A carrier engaged in the transport to
Portuguese territory by air, sea or land, a foreigner who does not meet the conditions
input is required to promote their return, in
the shortest possible time, to the point where
started using the means of transport or in the case of
impossible for the country where it was issued so that the respective
travel document or for any other location where
their admission is guaranteed.
2 - While not making the transfer to the passenger is in charge of the carrier, and its responsibility to pay the fee for the stay of
passenger in a temporary reception center or space
treated.
3 - Where appropriate, the alien who does not meet the conditions for entry is removed
Portuguese territory under escort, which is assured
by SEF.
4 - are the responsibility of carrier expenditures that the use of escort place, including
payment of the relevant technical fee.
5 - The preceding paragraphs shall also
applicable in case of refusal of entry of a citizen
Alien in transit when:
a) the carrier which should lead to
country of destination refuses to ship it;
b) The authorities of the State of destination have
refused entry and have forwarded to the Portuguese territory.
Article 42. º
Data transmission
1 - A carrier providing air transportation of passengers are required to transmit by
the end of the registration of boarding and application of SEF, the
information concerning the passengers they carry
to a border post through which enter national territory.
2 - The information referred to in the preceding paragraph include:
a) The number, type, date of issue and validity of
travel document used;
b) his nationality;
c) Full name;
d) The date of birth;
e) The point of crossing the border to enter the national territory;
f) The code of the carriage;
g) The time of departure and arrival of transport;
h) The total number of passengers carried on that transport;
i) The initial point of embarkation.
3 - Transmission of data in this
Article does not relieve the carrier of the obligations and
responsibilities set out in the previous article.
4 - The shipowners or shipping agents that
represent, as well as the commanders of vessels
fishing and sailing in international waters, the SEF have a list of crew and passengers, without deletions, amendments or changes to the details recorded on it, and
communicate the presence of stowaways on board, forty-
eight hours prior to arrival and up to two hours before leaving
the vessel of a national port.
Article 43. º
Treatment of data
1 - The data referred to in the preceding article are collected and transmitted electronically by carriers
or, in case of failure, by any suitable means,
SEF in order to facilitate the execution of controls in the position
authorized border crossing input on the national territory.
2 - SEF saves the data in a temporary file.
3 - After the entry of passengers, the authority referred to in the previous data is deleted within
twenty-four hours after its broadcast, unless
necessary for the exercise of statutory functions of the
authorities responsible for controlling passenger in
external borders, in accordance with law and in accordance
with Law no. 67/98 of October 26 concerning the protection
of personal data.
4 - Within twenty-four hours after
arrival of means of transport, carriers eliminate the personal data they have collected and sent to the SEF.
5 - Notwithstanding the provisions of Law n. º 67/98 of 26
October on the protection of personal data, data
the article referred to above may be used to
the application of legal provisions concerning
security and public order.
Article 44. º
Information for passengers
1 - For the purposes of Article 42. Thereof,
carriers at the time of data collection, provide the following information to passengers in question:
a) Identity of the controller;
b) the purposes of processing for which the data are intended;
c) Other information, taking into account the circumstances
specific data collection, to ensure
the person concerned a fair treatment of them, such
as the recipients or categories of recipients
data, the mandatory nature of the response, as well as
possible consequences of inaction, and the existence of
right of access to data concerning him and
right of redress.
2 - When the data were not collected from
the person to which they relate, responsible for its
treatment, or his representative, the person provides
Because, when the data are recorded or
later than the time of first communication of
data, the information referred to in paragraph anterior.4218 Gazette, 1. grade - No. 154 - August 9, 2012
CHAPTER IV
Visas
SECTION I
Visas granted abroad
Article 45. º
Types of visas issued abroad
Abroad may be granted the following types
Visa:
a) airport transit visa;
b) (Repealed)
c) Short-term visa;
d) Temporary stay visa;
e) visa to obtain a residence permit,
hereinafter referred to residence visa.
Article 46. º
Territorial validity of visas
1 - The airport transit visas and short dura-
tion may be valid for one or more States Parties to the
Convention.
2 - The temporary stay visas and residence permits are
valid only for the Portuguese territory.
Article 47. º
The Individual
1 - The individual visa is stamped in passport individual or family.
2 - (Repealed)
3 - The visas granted abroad are granted
as an individual.
4 - (Repealed)
5 - (Repealed)
Article 48. º
Jurisdiction to grant visas
1 - They are responsible for granting visas:
a) The embassies and consular posts
Portuguese, in the case of airport transit visas or short-term requested by holders of
diplomatic, service, official and special
or travel documents issued by organizations
international;
b) The consular posts and consular sections in other cases.
2 - The entities referred to in the preceding
ask the advice, information and other elements
necessary for the investigation of claims.
Article 49. º
Airport Transit Visa
1 - The airport visa is intended to allow
the holder, when an international call using the
passing through an airport in a State Party to the Convention.
2 - The holder of an airport transit visa only
have access to the international zone of the airport should
continue their journey on the same or other aircraft,
harmony with the ticket.
3 - They are subject to visa requirement for nationals
States identified in the order of the members of the Government responsible for internal administration and
Foreign holders of documents or
travel documents issued by those states.
4 - The order of the preceding paragraph sets out the
exceptions to the requirement for such a visa.
Article 50. º
(Repealed)
Article 51. º
Short-term visa
1 - seen short intended to allow the
entry into Portuguese territory on the holder for
which, being accepted by the competent authorities, not
justify the granting of another type of visa, especially for transit, tourism and visit or
accompanying family members who are visa holders
temporary stay.
2 - The visa can be issued with a validity period of one year and one or more entries may not
the length of a continuous stay or the total duration of
of successive visits exceeds 90 days per 180 days
from the date of the first crossing of frontiers
outside.
3 - In duly substantiated cases, and when
this proves of interest to the country, may be granted,
by a joint member of Government responsible for internal administration and business
foreigners, a multiple entry visa to certain
categories of people with an extended shelf life
one year.
Article 52.
General conditions for granting residence permits,
temporary stay and short-term
1 - Without prejudice to the special conditions
granting of each type of visa regimes and special
set of agreements, protocols or similar instruments, international treaties and conventions to which Portugal
Party, are only granted residence visas, temporary stay and short duration to nationals of
third parties who fulfill the following conditions:
a) have not been subject to a removal of the country and where the period subsequent
prohibition of entry into national territory;
b) are not indicated for the purposes of refusing entry
the Schengen Information System by any
Contracting Parties;
c) are not indicated for the purposes of refusing entry
the Integrated Information System of the SEF, under
Article 33.;
d) Have sufficient means of subsistence, as defined by ordinance of the Government members responsible
the areas of internal administration and solidarity and
social security;
e) possess a valid travel document;
f) Have a safe viagem.Diário Republic, 1. grade - No. 154 - August 9 2012 4219
2 - To be granted a residence visa for the exercise of employee or independent professional activity, for a residence visa for study, exchange of
students, professional internships or volunteer visa
temporary stay and short stay visa is still
required by national third State which has a
ticket that ensures their return.
3 - It refused to issue a temporary stay visa
residence visa or a third country national who
has been convicted of a crime in Portugal is punishable by imprisonment for longer than
one year, although this has not been fulfilled, or that
has suffered more than one conviction in the same sentence,
although its implementation has been suspended.
4 - may be refused issuance of visas to persons
constituting a serious threat to public order,
public safety or public health.
5 - Where the visa is refused
the grounds provided for in subparagraphs b) and c) n. 1, the
applicant is informed of the possibility to request the rectification of data about you are wrong.
6 - If the applicant is the subject of prohibition
Entry issued by a State Party or Associated State in the Convention implementing the Schengen Agreement,
this should be consulted should their
interests be taken into consideration in accordance
with Article 25. that Convention.
Article 53.
Formalities prior to the granting of visas
1 - lacks compulsory prior opinion of the SEF
visa in the following cases:
a) When you are asked for residence visas and
temporary stay;
b) Where it is determined by the interest of the
national, for reasons of internal security or prevention
illegal immigration and related crime.
2 - For visa applications referred to in
previous negative opinion is issued whenever the
applicant has been convicted by a judgment in Portugal
with final judgment to imprisonment of more than one
years, although this has not been fulfilled, or has
suffered more than one conviction in the same sentence remains
that its implementation has been suspended.
3 - urgent and duly justified
can be dispensed with prior consultation in the case of
Applications for a residence visa for exercise activity
independent professional and temporary stay.
4 - Lacks in consultation with the Service Informa-
tions Security a visa, when the same
is determined by national security reasons or
compliance mechanisms agreed under the
European security policy.
5 - The SEF request and obtain the opinions of other entities, information and other elements
required to comply with the provisions of this
law on visas and residence
temporary stay.
6 - Opinions needed for visa,
when negative, are binding and are issued in
within seven days, in the case of short-stay visas,
or 20 days in other cases, after which the absence
emission corresponds to assent.
SUBSECTION I
Temporary stay visa
Article 54. º
Temporary stay visa
1 - The temporary stay visa is intended to allow
entry into Portuguese territory on its holder to:
a) Medical treatment at health facilities
official or officially recognized;
b) Transfer of nationals of States Parties to the World Trade Organization, in the context
the provision of services or delivery of training
professional in Portuguese territory;
c) Exercise in the national territory of an activity
professional, subordinate or independent, temporary, lasting no more than a rule, the six
months;
d) Exercise in the national territory of one activity
scientific research centers for research, a
teaching activity in a higher education institution
or a highly qualified for a
period of less than one year;
e) Exercise the national territory of an activity
amateur sport, certified by the relevant technical federation
since the club or sports association is responsible for housing and health care;
f) to remain in the country for longer than three months in exceptional cases, duly
justified, particularly for frequency program of study in the school, student exchange, internship or unpaid
voluntary sector, duration or less than one year, or
for the purposes of compliance with international commitments under the World Trade Organization
and those arising from international conventions and agreements
that Portugal is a party, in thirst for freedom to provide services;
g) Monitoring of family undergoes treatment
physician in accordance with subparagraph a).
2 - The temporary stay visa is valid for four
months and for multiple entries in the national territory, without
prejudice to n. 4 of Article 56. º
3 - The deadline for decision on the application of
temporary stay visa is 30 days from
of processing the application.
Article 55. º
Temporary stay visa under
transferring workers
The granting of a temporary stay visa for citizens
nationals of States Parties of the World
Trade, transferred in the context of providing services or conducting training in Portuguese territory, subject to verification of the following
conditions:
a) The transfer has to make between establishments of the same company or group of companies,
with the establishment situated in Portuguese territory
Article 59. º
4 - The Institute of Employment and Vocational Training, I. P., and the respective departments
Vocational Training.
Article 61. º
services.
4 - The third-country nationals covered
Residence visa for highly skilled activity
exercised by subordinate employee
a) is the holder of an employment contract or promise
3 - When there is doubt about the environment
Internal.
education;
the
years.
Article 64.
SECTION II
Article 66. º
a) (Repealed)
. Article 67
Short-term visa
1 - In the crossings under control can
be granted under excecional, short-term visa
to foreign citizens who, for unforeseen reasons, not
been able to apply for a visa to the competent authority
provided that the person:
2 - The short-stay visa issued under
preceding paragraph may only be granted for an entry
and its validity shall not exceed 15 days.
effect.
SECTION III
CHAPTER V
alien.
Competence
CHAPTER VI
Residence in national territory
SECTION I
General Provisions
Types of residence permits
1 - The residence permit covers two types:
a) Temporary residence permit;
b) Permanent residence permit.
2 - The foreign national authorized to reside in
Portuguese territory is issued a residence permit.
Article 75.
Temporary residence permit
1 - Without prejudice to the special provisions applicable to temporary residence permit is valid for
period of one year from the date of issue of
respective title and is renewable for successive periods of
two years.
2 - The residence permit must, however, be renewed
whenever there is a change of registered particulars of it.
Article 76. º
Permanent residence permit
1 - A permanent residence permit has
limit.
2 - The residence permit must, however, be renewed
Every five years or whenever there is a change
the identification information registered therein.
3 - The application for renewal of authorization, the holder
is exempted from delivering any documents already integrated into the electronic workflow used by the SEF.
Article 77.
public.
Article 78. º
Article 80.
b) During the last five years of residence in Portuguese territory have not been sentenced
or feathers which, individually or cumulatively exceed
by especially violent crime or highly
above.
Identification
Article 85. º
a) The holder has been subject to a decision
social.
Government responsible for the administration
SECTION II
SUBSECTION I
Residence permits for year
Article 88. º
Residence permits for year
subordinate professional activity
Article 77., is only granted residence permits for
exercise of professional activities subject to national
States parties that have contract of employment
under the law and are enrolled in social security.
2 - Excecionalmente upon proposal of the director
National SEF or on the initiative of the Government member
responsible for internal administration, can be
waived the requirement in paragraph a) of n. 1 of article 77., provided that the alien, in addition to other
following conditions:
a) Have a contract of employment or have a relationship
proven by labor union, by association with
seat on the Advisory Board or the Authority
Working Conditions;
remain here legally;
c) are enrolled and have their situation regularized
social security obligations.
3 - The granting of residence permits under the preceding paragraphs shall be communicated by SEF for
electronic means, the Office of Employment and Training
Professional, I. P., and autonomous regions corresponding to the regional offices for the purpose of implementing the
quota set under Article 59. º
4 - The granting of residence permits under the preceding paragraphs shall be communicated by SEF for
electronic means, to the Authority for Working Conditions
or, in the autonomous regions, the relevant technical regional secretariat,
the tax authorities and the competent services of social security.
5 - The holder of a residence permit for
exercise a professional activity may subject
exercise independent professional activity, by
Replacement of the residence permit, being applicable,
mutatis mutandis, the provisions of the following article.
Residence permits for year
Article 77., is only granted residence permits for
requirements:
2 - Excecionalmente upon proposal of the director
National SEF or on the initiative of the Government member
responsible for internal administration, can be
Article 90. º
b) have an employment contract or the provision
National.
Article 90. Bis
b) are valid Schengen visa holders;
national;
d) comply with the requirements set out in paragraph d)
Article 3. º
2 - It renewed the permit for two
the
P.
Article 97. º
1 - It is forbidden to hold a residence permit
to participate in a program of voluntary exercise of an activity remunerated professional.
2 - Out of time devoted to program
ended the study or unpaid professional internships, subject to the terms and conditions applicable to
pertinent activity, students can pursue a
subordinate professional activity, in accordance with paragraph. 1
Article 88. thereof, subject to authorization granted
by SEF.
in n.
the
resident.
valid.
National.
national territory.
necessary.
Term
applicant.
Article 106. º
protection of personal data.
Article 107.
of upward or downward, prosecution by the Ministry
Public for the crime of domestic violence and
Article 108.
personal data.
Article 112. º
4 - Where necessary, is given to the person referred to in n. 1 service translation and interpretation, and
b) cross-border service providers.
4 - The third-country nationals covered
a) means of subsistence;
b) Accommodation.
the
above.
the
Article 121. Bis
entitles the holder to reside and engage in territory
family reunification in accordance with Section IV.
third-country nationals who:
c) have applied for or hold authorization
residence for the research activity under
the n. 1 of article 90. thereof;
e) Stay in Portugal for reasons of character
temporary, to exercise trade activities related to investment, such as seasonal workers
or seconded as part of a service;
Article 121. No. B-
exercise activity highly qualified to citizens
National third state that, in addition to the con-
a) Present employment contract consistent with the
exercise of a highly qualified and
duration of not less than one year, which corresponds to a
annual fee of at least 1.5 times the salary
Annual average gross national or, as provided in
c) Be enrolled in social security;
d) In the case of unregulated profession, present
evidence of professional qualifications
high activity or sector specified in the contract
work promise or contract of employment contract;
e) In the case of regulated profession specified in
the
3 and 4 of Article 61. Bis.
a) When the employer there been sanctioned for use of illegal activity of workers
foreigners in the last five years;
b) For reasons of public order, public security
or public health.
Article 121. º C-
Competence
a) In case of cancellation, the member of the Government
Article 121. º-D
Procedure
2 - The application shall be accompanied by documents showing that the applicant satisfies the conditions
set out in Article 121. º-B.
Article 121. º E
years, renewable for successive periods of two years.
uniform format for residence permits for nationals
of third States as provided in Ordinance
Article 121. º F-
Cancellation or refusal of renewal
public safety or public health.
when it is:
issue the document;
Article 121. No. G-
Access to the labor market
Article 121. No. H-
Equal treatment
equal treatment with nationals as regards:
a) the working conditions, including remuneration
f) the payment of pensions for old age legally acquired based on income and the rate
applicable;
g) access to goods and services and the provision of
h) free access to the entire national territory.
3 - can be limited to equal treatment in
situations listed in point. 1, with the exception of b)
4 - Where the decision referred to
Article 121. No-I
Status of long-term resident
granted the status of long-term resident is
conditions:
3 - For the purposes of this article
matter of calculating the period of continuous legal residence in the European Union, periods of absence from
European Union does not interrupt the period
Article 121. No. J-
Residence permit for long-term
obtaining the status of long-term resident is
EU issued a title for long-term residence.
Article 121. ° K
4 - The application may be dismissed pursuant to. 4
another Member State has expired or been canceled
during consideration of the request.
Article 122. º
q) who produce evidence of investment activity in
terms as referred to in point d) of the article 3. °
2 - For the purposes of paragraph m) of the
3 - In the circumstances described in subparagraphs n), o) p)
no. 1 shall apply, with appropriate adaptation, the provisions of
88 articles., 89. or 90 º. thereof, as appropriate.
5 - Where the lowest, without special reason, let
to attend preschool or elementary education
is canceled or not renewed the permit
temporary given under b), no. 1 and
the n. 4.
6 - Where the lowest, without special reason, let
of secondary school or professional can
CHAPTER VII
Article 125. º
c) (Repealed)
d) (Repealed)
Article 126. º
a) Have legal and continuous residence in the territory
Article 127. º
subsidiary protection.
Article 129. º
of long-term resident.
Article 130. º
Title EU long-term residence
2 - The title of the EU have long-term residence
Article 131. º
Equal treatment
applicable;
SECTION I
General Provisions
Article 134. º
Fundamentals of the expulsion decision
binding or removal
1 - Without prejudice to the provisions of international conventions to which Portugal is a party or to which
is bound, is removed or forcibly expelled from Portuguese territory legally, the alien:
b) What is against national security or the order
public;
f) In which there are serious reasons to believe
European Union;
or another title that right to stay
Article 135. º
Limits on the expulsion decision
binding or removal
Except in cases of injury to national security or public order and of the situations listed in
paragraphs c) and f) n. 1 of article 134. shall not be
removed or expelled from the country citizens
foreigners:
c) find themselves in Portugal since the age of
10 years and ordinarily resident here.
Article 137. º
Coercive removal of long-term residents
a member state of the European Union
1 - Can be applied to an expulsion
the
by SEF.
Section 138. °
1 - The foreign national who enters or remains
illegally in the country is notified by SEF
to voluntarily leave the country in
3 - The period referred to in the preceding paragraphs can be
abroad.
4 - If the decision to cancel a residence permit under Article 85. No, there
danger of escape, has been rejected request for extension of stay as manifestly unfounded
or fraudulent or if the person concerned is a
threat to public order or safety or to the
national security, the alien is notified
Article 140. º
Competent authorities
Article 141. º
abroad.
Article 143. º
Article 144.
SECTION II
Section 145. º
Coercive removal
Without prejudice to the application of the readmission
Article 146. º
Proceedings of the expulsion decision binding
1 - The foreign national who enters or remains
4 - If it is determined placement in the center of
b) Be holder of a valid residence permit or
another title, which right to stay
c) Be reinstated or accept the request of another State
member in accordance with agreements or conventions
international agreements in this regard, since it is
title holder allowing him to stay or reside
legally in the country;
Article 146. Bis
Conditions of detention
diseases, should give particular attention to the situation
5 - When detained foreign document is provided
containing the rules applied in the center installation
7 - Minors in detention shall be accompanied
the
Process
Article 149. º
Decision of coercive removal
1 - The decision of coercive removal is the responsibility of the national director of the SEF.
2 - The decision is communicated coercive removal
via the electronic ACIDI, I.
personal.
3 - The decision of coercive removal must contain:
b) The legal obligations of third-country national
subject to compulsory removal decision;
Article 150. º
2 - The preceding paragraph shall not affect the
3 - The alien shall have, upon request, to protect wildlife
tion law, applying mutatis mutandis the
Law no. No. 34/2004 of July 29, the arrangements for
the
1 and 2.
SECTION III
SUBSECTION I
Article 151. º
Portugal.
4 - As decreed the penalty of expulsion,
the judge orders the execution of punishments execution immediately
they met:
a) Half of the sentence in cases of sentence
equal to or less than five years in prison;
b) Two thirds of the sentence in cases of conviction in
sentence of more than five years in prison.
5 - The judge of the execution of sentences may, on proposal
based director of the prison,
decision.
the
SECTION IV
Article 159. º
It is for the SEF to implement the binding decisions on the expulsion and deportation.
Article 160. º
1 - Foreign citizens against whom it is issued
2 - In duly substantiated, in particular when there are concrete reasons and
objective of generating conviction intention to escape,
3 - You may be required to the competent judge, while
d) payment of a security.
5 - During the period allowed for voluntary departure, the alien is entitled to maintenance of the unit
6 - The term defined in paragraph a) of n. 3 can be
above, but can never more than three months
Article 161. º
Disobedience to the decision
national territory.
2 - If you can not enforce the decision of coercive removal or expulsion within 48 hours
after the arrest is made aware of the fact that the judge
the judgment of small criminal proceedings, in the respective area
jurisdiction, or county court, the remaining
areas of the country in order to be given to maintaining the
Article 162. º
Communication of Decision
SECTION V
Competence
National SEF, with power to delegate.
Article. 168
2 - are reinstated immediately and without formalities in the country, nationals of States
third:
a) have acquired the status of long-term resident
national territory.
the
the
A
Competence
data.
possible.
by SEF.
the
Article 180. Bis
Implementation of expulsion decisions
3 - Whenever it decides to organize an operation
b) provide adequate medical care, medication and linguistic as well as escort services,
whose performance obeys the principles of necessity,
proportionality and identification provided for in Article 180. thereof;
the
Article 182. º
in this law.
in this law.
Article 183. º
Facilitate illegal immigration
2 - Those who promote or facilitate in any way,
the entry, stay or transit of illegal citizens
shall be punished with imprisonment of one to five years.
Article 184. º
1 - Whoever promotes or founds a group, organization
with imprisonment from one to six years.
2 - the same penalty if you make part of such
groups, organizations or associations, as well as who
assist or support them so that they recruit new
elements.
Article 185. º
Raising manpower illegal
imprisonment of one to five years.
in the preceding paragraph, shall be punished with imprisonment for two
to six years.
In art. 185-A
Use of citizen activity
illegal alien
2 - Who, in the cases referred to in the preceding paragraph, using simultaneously the activity of a number
significant number of illegal aliens,
shall be punished with imprisonment up to two years or penalty
fine of up to 480 days.
3 - Anyone using the work of a foreign citizen,
minor, illegal, even if admitted
required to work under the Labor Code, is
fine of up to 480 days.
4 - If the conduct referred to in the preceding
Article 186. º
Marriage or marriage of convenience
1 - Those who marry or live in union
fact for the sole purpose of providing to obtain
or to obtain a visa, a residence permit or
regarding the acquisition of nationality shall be punished with
imprisonment of one to five years.
Article 195. º
Lack of airport transit visa
Article 196. º
Article 198. º
2 - For the offenses provided in the
3 - (Repealed)
4 - (Repealed)
5 - (Repealed)
6 - (Repealed)
7 - (Repealed)
8 - (Repealed)
9 - (Repealed)
10 - (Repealed)
Article 198. Bis
Use of citizen activity
illegal alien
1 - Anyone using the activity of foreign citizens
not enabled with a residence permit or visa
authorizing the exercise of a professional activity
a) From € 2000 to € 10 000, using the activity of 1 to
4 citizens;
b) From € 4000 to € 15 000, using the activity of the 5
10 citizens;
c) From € 6000 to € 30 000, using the activity of 11 to
50 citizens;
d) to € 10 000 € 90 000, using the activity of
more than 50 people.
2 - For the offenses provided in the
this Article may apply the following sanctions
Accessory:
a) provided for in Article 21. ff Regime
General of the contraventions;
b) The obligation to repay some or all
c) publish the judgment.
a) By payment of the fines provided in paragraphs
and previous salary claims arising from contract
work, or your violation of its termination;
d) For the payment of expenses necessary to stay
and removal of foreign nationals involved;
the
5 and 6.
expenditure needed to stay and removal of
foreign citizens involved, the note settlement
made in the respective process is enforceable
applying the rules of the common process of execution
to pay the right amount.
11 - If the offender is one conference or the equivalent,
account for the payment of a fine, jointly and severally
Article 198. No. B-
Support for third-country national citizen
whose activity was used illegally
1 - Trade unions and associations of immigrants
representative recognized by law, by
ACIDI, I. P., and other entities with responsibilities or activities in the integration of immigrants, may have
complaint against the employer and user of the activity of foreign citizens illegally, along
service of the ministry with competence inspetiva
a) For failure to pay wage claims;
b) the existence of employment relationship that reveals
c) illegal use of minor activity.
b) there is express authorization of the person concerned.
3 - The return, voluntary or enforced, the country of
4 - The nationals of third countries whose
decision coercive removal of the Portuguese territory
are informed of their rights under this Article
upon notification of the expulsion decision
binding under Article 149. º
Article 198. º C-
Inspections
Article 202. º
the
Article 207. °
1 - The application of fines and penalties acces-
vacation provided for in this chapter is the responsibility
the national director of SEF, who may delegate, without
prejudice to the specific powers granted to other entities for the paragraph. 9 of
Article 198. bis.
2 - For the purposes of the preceding paragraph, the
SEF organizes an individual record, subject to the
personal.
Article 208. °
(Repealed)
CHAPTER XI
for internal administration.
the
Article 210. º
3 - They enjoy exemption or reduction of fees the
nationals of third countries when these countries is
CHAPTER XII
Final Provisions
document.
. Article 213
Expenditure
Repeal
Entry into force
its publication.
Portuguese and the Democratic Republic of Timor-Leste
Approved on June 8, 2012.
The President of Parliament, Maria
Assumption A. Esteves.
Article 1. º
Subject
Article 2. º
