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ARRIVAL TO THE COUNTRY, PASSPORT, TRAVEL TITLE, ETC.

 

What are the requirements for entry into Portugal?

To enter Portugal foreigners must:

1. Be holders of a valid and recognised travel document

(passport) – this should be valid for a period of time of

at least three months greater than the envisaged period

of stay, except in the case of a foreigner resident in the

country who is returning;

2. Be holders of an entry visa which is both valid and

appropriate for the intended purpose of the journey (the

visa only gives the holder the right to present himself at

a border post and request entry to the country, and does

not confer an automatic right to enter Portugal);

3. Have enough means of subsistence, both for the period

of stay, and for the journey back to the country to which

you are guaranteed admission (these means of substance

requirements may be dispensed with if a document

assuming responsibility is presented which has been

issued by a Portuguese or foreign citizen authorised to

reside permanently in Portugal, and which guarantees

food and accommodation for the foreigner during the

period of stay).

 

What is Permission to Stay status?

It is a legal mechanism established by Decree-Law nº 4/2001, 10

January, which permits the granting of permission to stay status

to foreigners who are here in Portugal, who are not holders of a

suitable visa and who satisfy the following conditions:

1. They are holders of an employment contract or proposed

employment contract which has been approved by IDICT;

2. They have not been sentenced by a court to imprisonment

for a period of greater than six months;

3. They have not previously been expelled from the country

and subsequently been the subject of a banning order

regarding entry into Portugal;

4. None of the interested parties are included in the Schengen

Information System as being inadmissible for entry;

5. They are not included in the SEF integrated information

system as being inadmissible for entry.

 

How can I ask for permission to stay status?

The new immigration law has revoked permission to stay status.

 

Does this mean that I can no longer obtain permission to stay

status?

No. The content of the new law does not prejudice those

requests for permission to stay status that are still pending and

which were submitted while the status was still in force. But if

you have not already submitted a request in this regard, it is no

longer possible to do so.

 

Can I extend my permission to stay status?

Yes. Permission to stay authorisations which have already been

issued may by extended for annual periods, as long as the holder

is carrying out contracted employment, and the maximum

period that permission to stay status is granted is five years,

counting from the date when the status was first granted.

 

What do I have to do to extend my permission to stay status?

You should go to a Branch, Regional Branch or Public

Reception Post of SEF which have specifically been set up for

this purpose (Lisbon, Setúbal, Santarém, Coimbra and Faro) in

the area where you work, and bring a:

1. Valid passport;

2. Photograph;

3. Three copies of your work contract which should be valid

at the time your request is submitted;

4. Three copies of any other previous work contracts which

were signed after your permission to stay status was

issued;

5. A document showing your situation with regard to Social

Security;

6. Criminal Record Certificate.

Note: It is not necessary to submit the extension request in the

same Branch, Regional Branch or Public Reception Post which

first issued your permission to stay status.

 

When should I ask for an extension to my permission to stay

status?

The extension should be applied for by the date which

corresponds to the expiry date of your permission to stay status

or, exceptionally, after this date, but never more than 60 days

after its expiry date. If 60 days have passed your request for an

extension will not be granted.

Do I have to pay to ask for permission to stay status or to ask for

an extension?

To grant or extend permission to stay status a charge

corresponding to 75 Euros is levied. ( Ministerial Order –

Portaria nº 27-A/2002, 4 January)

 

The expiry date of my visa has expired. What should I do to

remain in Portugal?

If you wish to remain in Portugal for a longer period than you

were initially granted on entry, you should request the Director

General of SEF for an extension to your stay, and this will only

be granted if the same reasons which led to the decision to allow

you to enter the country are still present (except for clearly

justified cases).

Please note that requests for an extension of stay will not be

granted if they are handed in 60 days after the expiry date of the

existing period of stay (30 days in the case of short stay visas).

 

Are there limits regarding the extension of my stay?

Extension of stay is for a limited period of time, which varies

according to the reason given to justify the request, as well as

the type of visa being considered, and also varies according to

each case and the portfolio of documents which must be handed

in (to know which documents should be handed in, you should

consult Regulatory Degree (Decreto Regularmentar) nº 9/2001,

31 May, available at www.acime.gov.pt).

Extension of stay may be granted:

1. For up to 5 days, in the case of a transit visa;

2. For up to 60 days, in the case of a special visa;

3. For up to 90 days, extendable for an equal period, in the

case of a short stay visa of where a visa is not required (in

exceptional cases this may be extended beyond this limit);

4. For up to 1 year, extendable for equal periods, in the case

of a study visa or temporary stay visa (this limit does not

apply to study visas for a programme of studies or for a

supplementary work experience as part of a study

programme), (in exceptional cases this may be extended

beyond this limit).

5. For up to two years, in the case of a work visa (in

exceptional cases this may be extended beyond this limit).

 

And what about my relatives?

For exceptional reasons, occurring after legal entry into

Portugal, an extension of stay of relatives of holders of study

visas, temporary stay visas, work visas and permission to stay

status may be granted.

However, the validity and period of extension of stay can never

be greater than the validity and period of extension of the visa

granted to the relative.

 

Which relatives does this concern?

This concerns the spouse, children who are minors or

handicapped and the responsibility of the couple or one of the

spouses, minors adopted by the applicant or spouse, older

relatives related in the first degree to the resident or spouse, as

long as they are their responsibility, or brothers and sisters who

are minors, as long as they are under the guardianship of the

resident.

 

Who is considered a resident under the new Immigration Law?

The new law considers a resident to be a foreigner who is in

possession of a valid residence permit document ( título válido

de autorização de residência) in Portugal.

The previous law considered a resident to be a foreigner who is

in possession of a valid residence document (título válido de

residência) in Portugal.

 

 

VISA

 

Can I enter Portugal without a visa?

Foreigners may enter Portugal without a visa under the

following conditions:

1. Foreigners who have a valid residence permit, permission

to stay permit, extension of stay permit or, for example, in

the case of embassy and consular staff recognised in

Portugal, with a valid identity card issued by the Foreign

Office;

2. Foreigners who benefit from the terms and accords of any

international agreement to which Portugal is a signatory.

 

What types of visas are there?

There are visas that are issued abroad and those which are

issued at border posts.

 

What types of visa are issued abroad?

In the Portuguese embassies and consular posts various types of

visa can be issued. Each has a distinct purpose, a definite period

of validity and only grants temporary stay in the country for the

purpose for which the visa was granted.

The following types of visa exist:

1. stopover visa;

2. transit visit;

3. short stay visa;

4. residence visa;

5. study visa;

6. work visa;

7. temporary stay visa

 

What is a stopover visa?

It allows the holder to use it for an international travel

connection, while passing through an airport or port, with the

foreigner only having access to the international part of the

airport or maritime port.

 

What is a transit visa?

It allows the holder to temporarily enter Portugal while on route

to another country which has granted him admission.

The length of each transit cannot exceed five days.

 

What is a short stay visa?

It allows the holder to enter Portugal for reasons which are

accepted by the relevant authorities, but which do not justify the

granting of another kind of visa.

This visa can be issued with a period of validity/use which can

be up to one year, but the authorised period of stay in Portugal

which it confers is 90 days each six months.

 

What is a study visa?

It allows the holder to enter Portugal in order to:

1. Follow a programme of studies in an officially recognised

educational institution;

2. Carry out scientific research as part of an academic degree

or which is of scientific interest to an officially recognised

educational institution;

3. Carry out an internship to conclude studies either abroad

or in this country;

4. Carry out internships in companies, the Civil Service or

training centres that are not considered official educational

institutions.

This visa can be granted to allow residence in Portugal for

periods of up to one year.

 

If I am the holder of a study visa am I able to work?

You can exercise your professional activity in a supplementary

form while you are successfully carrying out the purpose for

which the visa was issued.

 

 

What is a temporary stay visa?

This is aimed at allowing people to enter Portugal in order to:

1. Receive medical treatment in official or officially

recognised medical facilities;

2. Accompany family members who come for the reason

previously outlined, family members who have a study

visa or family members who have a work permit; for such

purposes a family member is either

a. a spouse,

b. children who are minors or handicapped and for

whom one of spouses is responsible,

c. minors adopted by either the applicant or spouse,

d. directly related members of the family of the resident

or spouse,

e. brothers and sisters who are minors provided they are

his responsibility, and the resident is the guardian;

3. Family reunion for members who have permission to stay

status, under conditions to be specified in a a regulatory

decree;

4. Exceptional cases which are well substantiated.

This visa can be granted for periods of stay for up to a year.

 

If I am the holder of a temporary stay visa, can I work?

In certain well-substantiated cases, these visas allow the holder

to carry out a professional activity along the same lines as those

who are holders of a work permit.

The former law did not permit the holder of a temporary stay

visa to engage in any form of professional activity.

 

What is a residence visa?

It allows the holder to enter Portugal with a view to applying for

a residence permit.

This visa allows the holder to remain in Portugal for six months.

 

Does this mean that if I have a residence visa I am not

considered a resident?

You are not considered a resident. Someone having a residence

visa is not yet a resident, but only authorised to apply for a

residence permit.

 

I am the holder of a residence visa. Can I be refused permission

to reside in Portugal?

Yes, the fact of being in possession of a residence visa does not

oblige the Service for Border Control and Aliens (Serviço de

Estrangeiros e Fronteiras – SEF) to grant you authorisation to

reside. Additional criteria have to be satisfied.

 

Which criteria are taken into account when considering a

request for a resident visa?

In considering a request for a residence visa, the following

criteria will be taken into account:

1. The reason why the stay is being requested and its chance

of success, for example family reunion (the applicant must

hand in a statement giving the reason for the request);

2. Means of subsistence which the applicant has to live in the

country (regarding the means through which this proof can

be made you should consult Regulatory Decree (Decreto

Regulamentar) Nº 9/2001, 31 May, which is available at

www.acime.gov.pt );

3. Accommodation conditions.

 

I have arrived at Portugal without a visa. What can I do?

At the border posts the Director-General of SEF can grant the

following types of visa:

1. Transit visa.

2. Short stay visa.

3. Special visa.

 

What is a special visa?

Due to humanitarian or national interest reasons, recognised by

an Order issued by the Home Secretary, a visa may be granted

to enter and temporarily stay in the country to foreigners who do

not meet all the necessary legal conditions for such a visa.

 

I am a relative of a Portuguese citizen. Are the conditions under

which I have entered Portugal identical to what has been

described above?

Foreign relatives of a Portuguese family are entitled to the same

rights as those granted to relatives of other citizens of the

European Union, a condition outlined in Decree-Law nº 60/93, 3

March, along with the alterations introduced by Decree-Law

250/98, 11 August (this legislation is available for consultation

at www.acime.gov.pt).

In this situation a residence card is issued, in accordance with

the provisions outlined in the previously mentioned Decree-

Law.

 

Which relatives are included in this?

For the purposes under consideration the following are

considered relatives:

1. The spouse or individual who has lived with the other in

conditions similar to that of two spouses for more than two

years;

2. Children who are less than 21 years of age or whom one or

both spouses are legally responsible for;

3. Older relatives of the Portuguese citizen or the respective

spouse for whom they are legally responsible;

4. Any other relative of the Portuguese citizen or spouse, as

long as they are the legal responsibility of the former or

the person he or she cohabits with in the country of their

normal residence.

 

Can my entry visa to Portugal be annulled?

Yes. The visa may be annulled by the issuing agency abroad or

by the Service for Border Control and Aliens (Serviço de

Estrangeiros e Fronteiras – SEF) in Portugal.

 

On what grounds can my entry visa be annulled?

The visa can be annulled when reasons for non-admission are

given by the Schengen Information System, the Integrated

Information System of the Service for Border Control and

Aliens (Serviço de Estrangeiros e Fronteiras – SEF) , or when

the holder has made false declarations when requesting the

granting of the visa.

 

Can I be refused entry to Portugal?

Your entry into Portugal can be refused on the following

grounds:

1. You are not the holder of a valid recognised travel

document (passport);

2. You are not the holder of a valid visa suitable for the

purpose of your journey;

3. If you have presented a document that is false, has been

falsified, belonging to another or illegally obtained.

4. You do not have sufficient means for subsistence.

5. You constitute a danger or serious threat to public order,

national safety or international relations.

6. If an order banning entry exists.

The decision regarding the refusal of entry into Portugal is the

responsibility of the Director General of SEF.

 

What can I do in response to the refusal to allow entry?

The decision to refuse entry can be legally contested in the

Administrative Courts.

 

By contesting the decision can I be allowed to enter the country?

No. Contesting the decision does not suspend the decision to

refuse entry.

 

What rights do I have as a foreigner who has not been admitted?

During your stay in the international zone of an airport or at a

temporary reception centre, the foreigner who has been refused

entry into Portugal can communicate with the diplomatic or

consular representative of his country or any country of his

choice. He may also where necessary use the services of an

interpreter and have access to health care, including the presence

of a doctor, where necessary. He may also be seen by a freely

chosen lawyer, with the individual supporting the respective

costs of this.

 

Can I be banned from entry into Portugal?

Foreigners can be banned from entry into Portugal when:

1. The Schengen Information System provides information to

this effect;

2. They are on the national list of inadmissible people, due to

for example:

a. Having been expelled from the country;

b. Having been redirected to another host country

through a readmission agreement;

c. Having been sentenced by a court to imprisonment

for a period of not less than one year.

d. Having received support from the Portuguese State

to voluntarily return to their country of origin.

e. Having been escorted to the border.

 

Can my entry visa be cancelled?

Visas can be cancelled in the following situations:

1. When the holder has not satisfied or left unsatisfied

conditions established for the granting of the visa;

2. When they have been issued based on false declarations,

using fraudulent means or through stating different reasons

for entry to those which are the actual ones used by the

holder to enter the country;

3. When the reasons for the granting of the visa no longer

exist.

The cancelling of visas falls under the competence of the Home

Secretary, who may delegate this power to the Director General

of SEF.

 

 

STAY AND RESIDENCE, PERMISSIONS, FAMILY  REGROUPING, ETC.

 

What is a residence permit?

A residence permit is a document that is issued in the form of a

residence permit that permits foreign citizens to remain in

Portugal for a certain period of time or for an indefinite period

of time. There are two types of residence permit: temporary and

permanent.

 

Which identification documents do I need to have?

The residence permit substitutes, to all intents and purposes, the

identity card of a foreign citizen.

The residence permit is the only identification document that

can prove legally resident status in Portugal.

 

Which conditions to I have to meet in order to apply for a

residence permit?

To be granted a residence permit, the applicant must meet the

following conditions:

1. Be in possession of a valid residence visa, which has been

issued to allow entry into Portuguese territory to

immigrants who wish to apply for a residence permit and

which is valid for a period of six months and allows two

further entries into the country;

2. Present in Portuguese territory;

3. The non-existence of any fact that, if known by the

authorities before the granting of the residence permit,

would be an obstacle to the issuing of the same.

 

What is a temporary residence permit?

A temporary residence permit has the following characteristics:

1. It is valid for a period of two years from the date of issue

of the permit;

2. It is renewable for successive periods of three years;

3. The residence permit must be renewed whenever any

personal identification details in the document change;

4. It is possible for there to be situations in which the need

for a residence visa can be dispensed with in order to

obtain the residence permit (mentioned in advance).

 

What is a permanent residence permit?

A permanent residence permit has the following characteristics:

1. It has no expiry date.

2. The residence permit must be renewed every five years or

whenever necessary – that is, whenever any personal

identification details change.

 

Who can apply for a permanent residence permit?

The foreigners who can obtain a permanent residence permit are

those who cumulatively:

1. Have legally resided in Portugal for at least 5 or 8 years,

depending whether the citizen is, respectively, from a

PALOPS country (i.e. a country where Portuguese is an

official language) or from other countries;

2. During the last 5 or 8 years of residence in Portuguese

territory, depending on the case, they have not been

condemned and sentenced, either singularly or

cumulatively, to more than one year in prison.

 

Where can I ask for a Residence Permit?

A request for a Residence Permit must be handed in to the

Regional Branch of the Service for Border Control and Aliens

(Serviço de Estrangeiros e Fronteiras – SEF) in your area of

residence, through the completion and signing of an application

form (or signed by a legal representative when the application

concerns minors under 10 years of age or handicapped persons).

This application form should be handed in along with the

following documents:

1. Passport or other valid identification document;

2. Valid residence visa, except when not required;

3. Two identical passport photographs, in colour and good

condition;

4. Proof of means of subsistence;

5. Documents proving a family connection, where required;

6. Certificate of consular registration.

The Service for Border Control and Aliens (SEF) will make a

decision regarding the granting or not of the residence permit

within a period of 60 days.

 

In which situations can a residence visa be dispensed with in

order to obtain a residence permit?

A residence visa is not required to obtain a residence permit for

foreigners in the following situations:

a) minors, children of foreign citizens, born in

Portuguese territory, who are entitled to the

same residence status which has been granted

to either of their biological parents (in order to

issue the residence permit document, one of

the parents should submit the necessary

request within six months of the registration

of the birth of the minor);

b) relatives of national citizens and citizens who

are nationals of states who are signatories to

the treaty concerning the European Economic

Area;

c) those who no longer have the right to asylum

in Portugal, through the reasons for the initial

granting of this right having ceased to exist

and which had hitherto allowed them this

protection;

d) those who suffer from a disease which

requires prolonged medical assistance which

impedes their returning to their country, so as

to avoid prejudicing the health of the

individual;

e) minors in one of the situations covered by the

content of section nº 1 of Article 1921 of the

Civil Code (Codigo Civil);

f) those who have completed their military

service for the Portuguese Armed Forces;

g) those whose activities in the scientific,

cultural, economic or social areas is

considered as being of essential interest to the

country;

h) those who cohabit as common law spouses

with a Portuguese citizen, with a national

citizen of a country which is a signatory to the

treaty of the European Economic Area or with

a foreign resident as far as the law is

concerned (common law spouses of resident

citizens must have been in this situation for at

least two years and when the family member

regularly resides in national territory);

i) those who have not left national territory and

whose right to reside has expired;

j) those who have children who are minors and

resident in Portugal or who have Portuguese

nationality and who are legally parents and

economically sustain and bring them up.

k) those who have been holders of a residence

permit for an uninterrupted period of five

years;

l) members of embassies and consuls and their

respective spouses, and children and parents

they are responsible for, who have been

accredited in Portugal for a period of not less

than 3 years.

In the cases where a request can be made for a residence permit

without the need for a residence visa, the documents needed

vary according to the particular situation of each case and the

reason that allows the residence visa to be dispensed with.

 

If I do not meet the conditions required, do I have any other way

of obtaining a residence permit?

When it is shown that a case involves exceptional circumstances

not covered by the situations relating to family reunion or the

dispensing of the need for a residence visa, a residence permit

can be exceptionally issued to foreign citizens who do not meet

the conditions required, if this is in the national interest, and

carried out through a request to the Director General of SEF or

through the initiative of the Home Secretary.

 

How can I renew my residence permit?

A request to renew a residence permit must be handed in at the

Regional Branch of SEF in your area of residence, through a

form that must be completed and signed by yourself (or by a

legal representative in the case of minors under the age of 10 or

handicapped persons).

The request for renewal must be accompanied by proof of

means of subsidence (regarding forms of proof see Regulatory

Degree (Decreto Regulamentar) nº 9/2001, 31 May) and a

Criminal Register certificate, and the request may be turned

down if the person applying for renewal does not meet the

minimum conditions necessary to continue residing in Portugal.

 

When should I request a renewal of my residence permit?

The renewal of a temporary residence permit should be

requested by the interested party up to 30 days before its expiry

date. For the period of one year following the expiry date of the

temporary residence permit you can still request its renewal but

in this case you will be subject to the payment of a fine.

However, if you do not request the renewal of your residence

permit within the period of one year after its expiry date, you

will lose your right to residence.

 

What criteria are used when considering renewal?

When considering renewal, the Service for Border Control and

Aliens (Serviço de Estrangeiros e Fronteiras – SEF ) will

consider the following criteria:

1. Means of subsistence demonstrated by the interested party;

2. Housing conditions;

3. Compliance with Portuguese legislation by the interested

party, for example those laws concerning foreigners.

The decision concerning the request for renewal will be taken by

the Service for Border Control and Aliens (SEF) and must be

made within a period of 30 days, after which the request must be

considered as successful.

 

Am I given any proof that I have handed in a request for the

granting or renewal of a residence permit?

These requests are registered when they are handed in and you

will be given a receipt slip upon delivery of your application,

which is valid for 60 days. While you case is being considered,

this slip is used as proof of your status as a foreigner resident in

Portugal.

 

I have lost my residence permit document. What should I do?

A second copy of the residence permit document can be

requested if it is in a bad state of conservation, it has been lost,

destroyed or stolen.

The request for a second copy should be accompanied by a

declaration explaining the reasons for the request and, in the

case of theft, with a copy of the police report of the theft. The

request should be accompanied by two photographs of the

applicant.

The request should be handed in to the regional branch of SEF

in your area of residence through filling out an application form

that must be signed by the applicant (or his legal representative

in the case of minors under 10 years of age or handicapped

persons).

 

I am in jail. How can I renew my residence permit?

The renewal of a residence permit of a foreigner who is serving

a term of imprisonment can only be carried out if they have not

been sentenced to being expelled from the country.

The request for a residence permit that has lapsed will not be

contested if it is presented within 30 days after the interested

party has been released from jail.

 

In which circumstances could I find myself without a residence

permit?

Besides the situations in which your request for renewal of your

residence permit may be turned down by SEF, your residence

permit may also be cancelled.

The power to carry out this decision is vested in the Home

Secretary, who can devolve this power to the Director General

of SEF.

The cancellation must be notified to the interested party along

with the reasons that led to the seizure of the corresponding

document.

 

On what grounds can my residence permit be cancelled?

A residence permit is cancelled:

1. Whenever the foreigner is the object of a decision to expel

him from national territory.

2. When it was issued on the basis of fraudulent declarations

or through the use of fraudulent means.

The residence permit can equally be cancelled when the

interested party is absent from the country for substantial

periods without just cause.

1. For holders of a temporary residence period, this

corresponds to six consecutive months or 8 months in total

within the period of validity of the residence permit.

2. For holders of a permanent residence permit, this

corresponds to 24 consecutive months or, within a period

of 3 years, 30 months in total.

This absence beyond the limits established may be justified

through the handing in of a request to SEF before the departure

of the resident from national territory or, in exceptional cases,

after departure.

 

What can I do to appeal against the non-renewal or cancellation

of my residence permit?

You can submit an appeal to the Home Secretary. If he

confirms the decision, you can lodge an appeal in the

administrative courts.

 

And in the case of relatives?

A residence permit issued within the scope of the right to family

reunion is cancelled when:

1. The sole purpose of the marriage is to allow the

beneficiary of family reunion the right to enter and legally

reside in the country;

2. The holder loses the right to residence and the relative

does not yet meet the conditions to be entitled to a

residence permit in his own right;

3. The resident and the relatives no longer maintain family

ties (in exceptional cases, such as legal separation of

individuals and goods, divorce, widowhood, death of a

relative or when adulthood has been reached, the right to a

residence permit can be granted to an individual without

the necessary two year period).

 

Which basic precautions should I take once I start residing in

Portugal?

1. Always carry your passport, residence document, identity

card or other identity document with you;

2. Always carry your consular document with you, and the

telephone, fax numbers and address of your Embassy or

Consulate;

3. Always carry with you the telephone numbers of relatives

or a friend who can be contacted in the event of an

emergency;

4. Do not let any documents that have a fixed period of

validity, such as a passport, visa, Identity Card, or your

residence permit document or any other document, expire.

5. Scrupulously follow Portuguese law, particularly laws

which relate to foreigners

6. If you are a foreign resident, always tell the Service for

Border Control and Aliens (Serviço de Estrangeiros e

Fronteiras SEF) of any changes in your nationality,

marital status, profession, residence or any absences from

the country which are for periods of more than 90 days.

 

What are the grounds for being expelled from Portugal?

Foreign citizens shall be expelled from Portuguese territory if:

1. They have irregularly entered or remained in Portuguese

territory;

2. If they have acted against national security, public order or

good habits;

3. If their presence or activities has constituted a threat to the

interests or dignity of the Portuguese State or its nationals;

4. If they have interfered in an abusive way in the exercise of

rights regarding political participation reserved for

national citizens;

5. If they have practised acts which, if they had been known

to the Portuguese authorities, would have prevented their

entry into the country.

 

Who can carry out expulsion?

The legal or administrative authorities are the only entities

which have the power to expel a foreigner. In the case of an

administrative expulsion this falls under the competence of the

Director of SEF. Legal expulsion is a matter for the judicial

authorities (criminal law courts of the first instance and district

courts), with this sentence being applied in its own right or as an

additional sentence in a criminal case.

 

If the act of expulsion is considered unjust what can the

foreigner do about this?

He can lodge an appeal regarding the expulsion decision in the

judicial or higher courts, depending on whether the expulsion

decision was an administrative or judicial decision.

 

Does the act of appealing allow the foreigner to reside in the

country?

No. Contesting the decision does not suspend the act, and does

not suspend the decision to expel.

 

To which country could the foreigner be expelled?

In principle a foreigner can only be expelled to his country of

origin.

However expulsion cannot be carried out to any country where

the foreigner may be persecuted for reasons that, under the

terms of law, confer the right to the granting of asylum.

 

Can I return to Portugal after having been expelled?

A foreigner who has been expelled is banned from entering

national territory for a period of not less than 5 years.

We would like to acknowledge the help of the Service for

Border Control and Aliens (Serviço de Estrangeiros e

Fronteiras SEF) in the production of this brochure.

 

FAMILY REUNION

I am here in Portugal and I have a residence permit and

would like my family, presently living abroad, to come and

live with me. Can they come?

Yes. For an immigrant who has been in possession of a

residence permit for at least a year, Portuguese legislation grants

the right to family reunion for those members of a family who

are living outside of Portugal– and, in exceptional cases, those

already present in Portugal – and those who have lived with you

in another country or who are dependent on you.

A residence visa will be issued to the family member when the

relevant documentation has been handed in, so as to apply for a

residence permit. If your residence permit is a temporary one,

your family member will be issued with a renewable residence

permit, which will be valid for the same duration as your own

residence document.

If your residence permit is of indefinite duration, your family

member will be issued with a residence visa valid for two years.

Both in the situation of a temporary and permanent residence

permit, once two years have passed since the first permit was

issued, and providing that family ties have been maintained, the

family members will have their own independent right to a

residence permit.

In exceptional cases, this period may be shorter, such as legal

separation of people and their goods, divorce, widowhood, death

of a parent or child or when adulthood has been reached.

 

Which relatives are eligible for family reunion?

The following relatives are considered eligible for family

reunion: spouse, children who are minors or handicapped and

are the responsibility of one or both members of the couple;

minors adopted by both of the spouses; parents of the resident or

spouse, if they are the responsibility of the couple; brothers and

sisters who are minors, if they are wards of the resident.

 

What do I have to do for them to be able to come?

A request for family reunion should be submitted to the regional

branch of the Service for Border Control and Aliens (Serviço de

Estrangeiros e Fronteiras - SEF) in the area where you reside,

along with the following documents:

·  A request addressed to the Director-General of the Service

for Border Control and Aliens (SEF) which should identify

the applicant and the family members involved.

·  The applicant’s residence permit (original and

photocopies)

·  Proof of the stated relationship – a valid marriage

certificate (original and photocopy) or birth certificate

(original and photocopy)

·  Authenticated copies of the relatives’ identification

documents

·  Photocopy of the family passport

·  Proof of suitable accommodation and sufficient means of

subsistence to cater for the needs of the family:

o Original and copy either of the title deeds of a

property or a rental contract

o Original and photocopy of the applicant’s income tax

(IRS) declaration for the previous year.

Please Note: Any documents issued in the country of origin

have to be authenticated by the diplomatic mission or consular

post in the respective area of residence.

 

My family is already in Portugal. Can we benefit from

family reunion?

Yes, but only in cases which are clearly justified, and which are

a result of exceptional circumstances which took place after the

legal entry of your relative into Portuguese territory. For family

reunion to be possible you must have been in possession of a

residence permit for at least a year and your relative must have

entered and remained in the country in a proper manner.

 

Can my spouse work?

Yes s/he can. The law only forbids actual parents of the

applicant or spouse from working.

 

Can I lose my residence status, which was obtained on the

basis of family reunion?

Yes, you can.

·  The decision by the competent authorities to expel an

individual is just cause for the cancellation of a residence

permit, or when the residence permit has been issued

based on false declarations;

·  It can also be cancelled if it is proved that the sole purpose

of a marriage was to entitle an individual to family reunion

and thereby the ability to enter and legally reside in the

country;

·  When the holder of the right loses his residence status and

the relative is not yet entitled to a residence permit in their

own right;

·  When the resident and the relatives have not maintained

family ties, without prejudice to the provisions of section 5

of article 58 of the law, which lays down that in case of

legal separation of people and their goods, divorce,

widowhood, death of a parent or child or when adulthood

has been reached, individuals can be entitled to residence

status before the legal period has elapsed.

 

Can my children have access to education?

Yes, your children have the right to have access to education

just like any Portuguese child.

Even in the case of undocumented children, a resolution

published by an interministerial working group in February

2000, under the remit of the High Commissioner for

Immigration and Ethnic Minorities, contained the following

guidelines:

1. Children and young adults, even when undocumented, are

to be granted enrolment and any corresponding reenrolment.

2. Any academic results published for any educational or

legal reasons, are to be published under the same

conditions for any pupil.

3. Access to exams (including national ones) and tests, in

order to achieve academic progress, is to be assured

without discrimination.

4. Transition from one year or one level of education to

another is, depending on the cases, to be guaranteed

without any temporary or suspensory effects being caused

due to the situation of the country.

5. Social and educational support is to be guaranteed at an

equal level, subject to proof of income being presented by

the family unit or, in the absence of this, a document

indicating their economic situation issued by the local

borough in which the family resides.

6. Where it is not possible to obtain certificates indicating

academic qualifications and such documents are not

available, a certificate can be produced on the initiative of

the person legally responsible for the child’s education or

through an official request, through a declaration made

under oath by the same person, without prejudice to

future verification from the schools and countries

involved in establishing the veracity of such declarations.

7. The degrees and certificates of any studies affected in this

way are to be guaranteed by the schools.

 

How can my family have access to health care?

Any normally recognised citizen has the right to be treated in a

Health Centre (Centro de Saúde SNS) or a hospital (for

emergency cases). You need to have a National Health Service

Medical Card (Cartão de Utente do Serviço Nacional de Saúde)

to exercise this right.

How can I obtain a National Health Service Medical Card?

To obtain a Medical Card from the National Health Service

(SNS), you should go to the Health Centre in your area of

residence and show documentary proof of your residence status.

 

I have permission to stay status (autorização de permanência).

Although I do not have the right to family reunion, can I bring

my family together in Portugal?

Yes, but in order to do this your family should go to the

diplomatic embassy or consul in their area of residence to

formalize their request for a temporary stay visa.

To do this it is necessary to submit the following documents:

??

 

And in this case can my spouse work?

Yes, in cases which are clearly justified, the holder of a

temporary stay visa is permitted to work under conditions

similar to those in possession of a work visa.

 

And can my children attend school?

Yes, like any Portuguese child.

 

Does my family have the right to health care?

Yes like any normally recognised citizen, you have the right to

be treated in a Health Centre (Centro de Saúde SNS) or a

hospital (for emergency cases). You need to have a National

Health Service Medical Card (Cartão de Utente do Serviço

Nacional de Saúde) to exercise this right. To obtain a Medical

Card from the National Health Service (SNS), you should go to

the Health Centre in your area of residence and show

documentary proof of your residence status.

 

If I have more children when in Portugal, how can they obtain

Portuguese nationality?

The following conditions have to be met:

1. To have been born in Portuguese territory.

2. To be a child of foreign citizens in possession of a valid

resident permit who have been resident in Portugal for 6 or

10 years, respectively, if the parents are citizens of a CPLP

country (i.e. a country where Portuguese is an official

language) or the nationals of another country (and are not

in the service of that country),

3. A statement affirming the desire to become Portuguese

(registering the birth as having taken place within

Portuguese territory is not sufficient).

 

What steps are carried out when applying for Portuguese

nationality for a child of an immigrant born in Portugal?

The application starts with a statement affirming the desire to

become Portuguese. The statement can be made by the

interested party (by him/herself or a solicitor), or, if the person

is handicapped, by their legal representatives (who, as a general

rule, are the parents); this statement affirming this desire can be

made at any Registry Office and must be accompanied by any

necessary documentation.

 

Which documents do I have to hand in along with the

application for nationality for a child of an immigrant born in

Portugal?

The following documents must accompany the application:

1. Birth Registration Certificate of the applicant

2. Document issued by the Service for Border Control and

Aliens (Serviço de Estrangeiros e Fronteiras – SEF) showing

that:

·  The parents of the applicant have been resident in

Portugal since the birth of the child and are in

possession of a valid resident permit and who have been

resident in Portugal for 6 or 10 years, respectively, if

the parents are citizens of a CPLP country (i.e. a

country where Portuguese is an official language) or the

nationals of another country

·  They are not in the service of the respective country.

 

Useful information

This Internet address gives the addresses and contacts of

Portuguese Embassies and Consulates throughout the world.

http://www.min-nestrangeiros.pt/mne/estrangeiro/a-b.html#b

This Internet address provides information on the foreign

diplomatic missions located in Portugal.

http://www.min-nestrangeiros.pt/mne/missoes

This address provides information regarding the regional

branches of the Service for Border Control and Aliens (SEF).

http://www.sef.pt/contactos.htm

 

LEGAL MEANS TO COMBAT RACISM AND XENOPHOBIA

The following legislation prohibits discrimination based on race, colour,

nationality or ethnic origin in the exercise of one’s rights

Law No. 134/99, of 28 August.

Decree-Law (Decreto-Lei) no. 111/2000, of 4 July.

Introduction

Equal dignity is bestowed on all citizens in a society and they are equal before

the law. No one can benefit, be privileged, prejudiced or deprived of any right

or exempt from any duty on the basis of family background, sex, race,

language, place of origin, religion, political or ideological convictions, education,

economic situation or social circumstances.

This legislation aims at preventing and banning racial discrimination in all its

forms and punishing the practise of acts which lead to the violation of any

fundamental human rights, or the refusal or restriction of any socio-economic or

cultural rights of any person as a result of their belonging to a certain race,

colour, nationality or ethnic group.

This information leaflet has been produced inorder to explain the ways in which

it is possible to fight against racism and xenophobia.

As this is a summary of the information, this brochure cannot hope to answer

every question that arises in each individual case. Therefore, in case of doubt,

you should consult the respective legislation, which is available on the Web Site

of the High Commission for Immigration and Ethnic Minorities (ACIME).

 

PRO-FORMA OF COMPLAINT FORM TO BE SENT TO THE COMMISSION

FOR EQUALITY AND AGAINST RACIAL DISCRIMINATION

Dear Sir/Madam,

President of the Commission for Euality and Against Racial Discrimination

Name..................................................marital status..............................

Profession...........................................I.D.(B.I).n.º...........................Tax

Identification Number......................................................................................,

address...........................................................................................................

...............................................................................................................,

wishes to inform you that at ....... (time) on (day)......(month)......of 2003, in

(Street)............................................................................... at this place an act

of discrimination took place involving an individual/group known as

....................................................................................,

address.............................................................................................................

..................................................................................., in the following manner

..........................................................................................................................

..........................................................................................................................

..........................................................................................................................

..........................................................................................................................

.........................................................................................................................

Witness to the fact:

F..........................................................................,address.............................

.........................................................................................................................

F............................................................................,address............................

..........................................................................................................................

AND APPROVAL

Date ........................................

Sig. ........................................

 

USEFUL CONTACTS:

The High Commissioner for Immigration and Ethnic Minorities (Alto

Comissário para a Imigração e Minorias Étnicas)

Head Office: Pç. Carlos Alberto, 71, 4050-157 Porto

Palácio Foz, Praça dos Restauradores – apto. 2596, 113-001 Lisboa

Service for Border Control and Aliens (Serviço de Estrangeiros e

Fronteiras)

Head Office - Rua Conselheiro José Silvestre Ribeiro, nº 4, 1649-007

Lisboa; telefone – 21 711 50 00;

Lisbon Regional Branch – Av. António Augusto de Aguiar, nº 20, 1069-

119 Lisboa; telefone – 21 358 55 00

Public Security Police (Polícia de Segurança Pública)

Largo da Penha de França n.º 1, 1199-010 Lisboa, telefone – 21

8149716

National Republican Guard (Guarda Nacional Republicana)

Largo do Carmo, 1200-092 Lisboa, telefone – 21 3217000

National Centre for The Judicial Police (Directoria Nacional da Polícia

Judiciária)

Rua Gomes Freire,174, 1169-007 Lisboa

Telefone - 213 533 131

 

 

More information:

(www.acime.gov.pt)

 

 

 

 

ACCESS TO THE NATIONALITY

 

LEGISLATION RELATING TO PORTUGUESE

NATIONALITY

Law nº 37/81, 3 October with the alterations introduced by

Law nº 25/94, 19 August.

Rules regarding Portuguese Nationality

Decree-Law nº 322/82, 12 August, altered by

Decree-Law nº 117/93, 13 April

Decree-Law nº 253/94, 20 October and

Decree-Law nº 37/97, 31 January.

 

Introduction

The law regarding Nationality legislates concerning the

granting, acquisition and loss of Portuguese nationality, as well

as registering, proving and contesting nationality.

The aim of this information brochure is to explain in which

ways Portuguese nationality can be granted and acquired and,

also, clarify where documentation should be handed in and

which documents are needed to accompany these requests.

As this is a summary of the information, this brochure cannot

hope to answer every question that arises in each individual

case. Therefore, in case of doubt, you should consult the

respective legislation, which is available on the Web Site of the

High Commission for Immigration and Ethnic Minorities

(ACIME) (www.acime.gov.pt)

 

How can I obtain Portuguese nationality?

The legislation regarding Portuguese nationality mentions

several ways of acquiring or being granted Portuguese

nationality. These ways are:

I – being granted nationality (original nationality) – this is the

case of those who are naturally Portuguese.

II – Acquiring nationality

a) Through conscious decision

i) Children who are minors or handicapped, of a mother or

father who has acquired Portuguese nationality

ii) In the case of marriage to a Portuguese national

b) Through adoption

c) Through naturalisation

I – The granting of nationality (original nationality)

Who has original nationality – that is, who is considered

naturally Portuguese?

Those who are naturally Portuguese are

a) The children of a Portuguese mother or father, born in

Portuguese territory or territory governed by Portugal, or

abroad if the Portuguese parent is working in the service of

the Portuguese state;

b) The children of a Portuguese mother or father born abroad,

if they affirm their wish to be Portuguese or register their

birth with the Portuguese Registry Office, through a

declaration made by themselves or, if the case of being

handicapped, through their legal representatives;

1. Individuals born in Portuguese territory, children of

foreigners in possession of a valid resident permit who

have been resident in Portugal for 6 or 10 years,

respectively, if the parents are citizens of a PALOPs

country (i.e. a country where Portuguese is an official

language) or the nationals of another country and who are

not in the service of that country, and who express the

wish to be Portuguese;

c) Individuals born in Portuguese territory when they do not

possess any other nationality.

 

II – ACQUIRING NATIONALITY THROUGH

MARRIAGE TO A PORTUGUESE PERSON

Can I obtain Portuguese nationality by marrying a

Portuguese person?

A foreigner married to a Portuguese person can obtain

Portuguese nationality provided the following conditions are

met:

1. To have been married for more than three years;

2. To make a statement expressing the wish to acquire

Portuguese nationality, based on the stability of the

marriage (this statement may be made in any Civil

Registry office, if the interested party resides in

Portuguese territory or territory under Portuguese

administration or, if the residence of the interested party is

abroad, through diplomatic and consular services, which is

then sent, along with the other relevant documentation, to

the Central Registry Office. This statement of intention

can be made by the person concerned or by proxy, if

capable, or by legal representatives, if the person cannot

make the declaration himself.

3. Proof, using relevant facts, that the person has a substantial

connection with the national community;

4. Has not committed any crime which is punishable under

Portuguese law by a prison sentence of greater than three

years;

5. Is not a civil servant of a foreign State;

6. Has not carried out voluntary military service for a foreign

State.

Which documents must I hand in along with my request to

acquire Portuguese Nationality through marriage?

The documents that must be handed in to expedite the request

are the following:

a. Marriage Certificate;

b. Birth certificate of the foreign spouse;

c. Birth Certificate of the Portuguese spouse containing

an annotation of the marriage;

d. Certificate of foreign nationality;

e. A Criminal Record certificate issued by the

Portuguese authorities, the authorities of the country

of the interested party, and the authorities of the

country where the person has resided;

f. Proof that a substantial link exists with the national

community (this may be done through documentary

means, witnesses or any other legal means).

When I have obtained nationality due to marriage, at what

point does this produce practical effects?

Acquiring Portuguese nationality is subject to being obligatorily

registered and only after the date in which this registration has

taken place do its effects come into force (this registration takes

place in the Central Registry Office, which contains a book

where nationality is registered).

 

III – ACQUISITION OF NATIONALITY THROUGH

ADOPTION

If a Portuguese person adopts a foreign child, does this child

acquire Portuguese nationality

A child fully adopted (adoptado plenamente) by a Portuguese

national may acquire Portuguese nationality

The acquisition procedure involves proving the nationality of

the person who has done the adopting.

(Nb: Full adoption (adopção plena) is a type of adoption which

is characterised as having more extensive effects that the other

kind of adoption, restricted adoption (adopção restrita). In full

adoption the adopted child acquires the status of child of the

person who is adopting and is fully integrated with the other

offspring into the family, and does away with any previous

family ties the adopted child had with his biological family).

 

IV – ACQUISITION OF NATIONALITY THROUGH

NATURALISATION

 

How can I acquire Portuguese nationality through

naturalisation?

Portuguese nationality acquired through naturalisation is granted

by the Home Secretary following a request by the interested

party.

What conditions do I have to satisfy in order to be given

Portuguese nationality through naturalisation?

The Government can grant Portuguese nationality through

naturalisation to foreigners who cumulatively meet the

following requirements

1. To be 18 years old (or emancipated under Portuguese law);

2. To have lived in Portuguese territory with a valid resident

permit for at least 6 or 10 years, respectively, for national

citizens of PALOPS (i.e. a country where Portuguese is an

official language) or other countries;

3. To have sufficient knowledge of the Portuguese language

4. To be able to prove that a substantial link exists with the

national community;

5. To have civic responsibility;

6. To have the means to provide for one’s livelihood.

Do cases exist where it is not required to meet all of the

conditions outlined above?

The requirements regarding the obligatory period of residence in

Portugal, knowledge of the Portuguese language and the

substantial link may be dispensed with in relation to those who

have had Portuguese nationality, descendants of Portuguese

nationals, members of communities of Portuguese origin and

foreigners who have been performing or who have been called

on to perform relevant services to the Portuguese State.

Where should I hand in my request to acquire Portuguese

nationality through naturalisation?

The request, along with any necessary documents, should be

submitted to the Regional Branches of the Service for Border

Control and Aliens (Serviço de Estrangeiros e Fronteiras –

SEF) or, in the case where one does not exist, to the Civil

Governor in your area of residence (if you reside in the

Autonomous Regions you should hand it in to the Minister of

the Republic or to the regional branches of SEF; if you reside

abroad, to the consular services in your area of residence).

 

How does the process unfold?

If the request is not handed in to the Service for Border Control

and Aliens (SEF) then the entities which have received requests

should send them to SEF who, within 8 days, will inform the

applicant if the request has been formulated correctly, regarding

sufficiency or insufficiency of information and whether it is

accompanied by the necessary documents.

The foreigner has thirty days to reply, which can be extended if

this is justified. Once this period of time has expired, SEF will,

within 8 days, ask the Ministry of Justice and the Ministry of

Foreign Affairs for the necessary information to process the

request for naturalisation.

Within 15 days of the last information furnished, SEF will issue

a decision (parecer) regarding the request.

 

What information should I include in my request to obtain

Portuguese nationality through naturalisation?

The request, signed by the applicant, should contain the full

name of the foreigner concerned, date of birth, marital status,

place of birth, parental information, nationality, actual and

previous place of residence, professional activity carried out

and, finally, the reasons for wishing to become naturalised.

Nb A request form is available free of charge via the Internet, at

www.sef.pt, or through any branch or regional office of SEF. In

this case the request form should be signed in the presence of a

public notary.

 

Which documents should I attach to my request asking for

Portuguese nationality through naturalisation?

The request should be accompanied by the following

documents:

1. Original and photocopy of Birth Registration Certificate

(you should also include a photocopy of the certificate

because you will need the original later on when you

register your new nationality through the Central Registry

Office);

2. Photocopy of your residence permit;

3. Documentation proving competence in the Portuguese

language – this proof can be obtained in one of the

following ways:

through an exam certificate issued by an official Portuguese

educational institution;

through a document written, read and signed by the interested

party in the presence of a Portuguese notary, mentioning the

circumstances under which the handwriting and signature

was recognised;

a document written, read and signed by the interested party in

the presence of the Office Manager of the local council in

your area of residence or, in the case of Lisbon and Porto, in

the presence of the Director of the Central Cultural Services,

or a suitably delegated person, who can attest to the facts

contained within the document, and authenticate the signature

with the official stamp of the services.

4. Proof of the existence of a substantial link to the national

community (through documentary or any other legal

means–such as a photocopy of the residence permits of the

family unit, a photocopy of the birth registration

certificates of the children, a photocopy of the purchase of

property for the purposes of personal habitation);

5. A Criminal Record Certificate issued by the Portuguese

authorities within the previous three months;

6. A Criminal Record Certificate issued by the relevant

authorities in the country of origin within the previous

three months, authenticated by the Portuguese consulate

and, when the document is not written in Portuguese, with

a translation attached. In the case where such a document

is not issued, a declaration to this effect issued by the

relevant authority should be attached.

7. Documentary evidence that the applicant is capable of

looking after himself and assuring his livelihood (a

declaration issued by the employer which includes the start

of work, type of employment, and the corresponding

monthly salary, and a photocopy of the previous salary slip

and a photocopy and the original income tax (IRS)

declaration from the previous year, giving details of any

income);

8. A declaration from Social Security proving registration in

that service, and detailing the date of admission, and

details of Social Security salary deductions including the

actual amounts.

9. Documentary evidence showing that he has satisfied any

legislation in his country of origin with regard to military

service, or a statement indicating the non-existence of any

such requirement.

10. Complete photocopies of any passports used in the previous

five years.

(Note: In exceptional circumstances, and at the request of the

interested party, the Home Secretary can dispense with the

requirement to present any one or more of these documents).

 

V. LOSS OF PORTUGUESE NATIONALITY

Is it possible for there to be an objection to the granting of

Portuguese Nationality?

Yes, an objection to the granting of Portuguese Nationality can

be made, in the cases of acquisition through stated intention or

adoption.

 

How does this objection happen?

The State, through the Office of the Department of Justice

(Ministério Público) can decide, within the period of a year

counting from the date of the act of issuing nationality, to raise

an objection to the acquisition of nationality, and present a court

case in the Appeals Court (Tribunal da Relação) in Lisbon.

 

On what grounds can the State oppose the granting of

Portuguese Nationality?

The grounds for opposing the granting of Portuguese Nationality

are:

·  Failure to prove a substantial link to the National

Community by the interested party;

·  Committing a crime which has a maximum sentence of

greater than three years’ imprisonment, according to

Portuguese law;

·  Working for the Civil Service or doing voluntary Military

Service for a foreign State.

 

If I acquire Portuguese nationality do I lose my original

Nationality or can I have both?

Portuguese legislation allows for multiple nationality.

However, the acquisition of Portuguese nationality may or may

not imply the loss of original nationality, depending on whether

legislation in your country of origin allows for multiple

nationality, because there exist laws that demand that

individuals relinquish their previous nationality in order to

obtain nationality in the country of immigration.

 

If I have two or more nationalities, what must I be cautious of?

If you have two or more nationalities and one of them is

Portuguese, only the latter is relevant as far as Portuguese law is

concerned.

 

May I give up Portuguese Nationality?

Those who, having another nationality, and who not wish to be

Portuguese, must affirm the same. If they do not make this

declaration, then they continue to have Portuguese Nationality.

 

Can immigrants be obliged to give up their single nationality?

According to Article 15 of the Universal Declaration of Human

Rights, nobody can be arbitrarily deprived of their nationality or

the right to change nationality.

 

VI – CHILDREN

a) Acquisition of nationality through normal means

(being born in Portugal)

Can my child, the child of immigrants, and born in Portugal,

have Portuguese nationality?

Yes, if the following are satisfied:

1. Being born in Portuguese territory;

2. To be a child of foreign citizens in possession of a valid

resident permit and who have been resident in Portugal for

6 or 10 years, respectively, if the parents are citizens of a

CPLP country (i.e. a country where Portuguese is an

official language) or the nationals of another country (and

are not in the service of that country);

3. A statement affirming the desire to become Portuguese

(registering the birth as having taken place within

Portuguese territory is not sufficient).

 

What steps are involved in an application for obtaining

Portuguese Nationality in the case of a child of immigrants who

has been born in Portugal?

1. The application begins with the statement affirming the

desire to become Portuguese;

2. This statement of intention can be made by the person

concerned or by proxy, or, if incapable, by the legal

representatives (who, as a general rule, are normally the

parents);

3. This declaration can be made at any Civil Registry Office;

4. Once the declaration has been made and other

documentation ready, the Civil Registry Office sends the

request to the Central Registry Office, which checks that

all conditions have been met for the granting of Portuguese

nationality;

5. The interested parties are required to prove any

circumstances which may be contingent to the granting of

Portuguese nationality;

6. Once the conditions concerning the granting of Portuguese

nationality have been verified, the recording of the

granting of Portuguese Nationality is made and a marginal

note is added to the Registered Birth Certificate of the

interested party.

 

Which documents must I hand in along with the request for

obtaining nationality for a child of immigrants who is born in

Portugal?

The request must be accompanied by the following documents:

1. Registered Birth Certificate of the interested party;

Document issued by the Service for Border Control and

Aliens (SEF) proving that:

·  the parents of the interested party have, from the date

of birth, a valid resident permit and have been

resident in Portugal for at least 6 or 10 years,

respectively, if the parents are citizens of a PALOPS

country (i.e. a country where Portuguese is an

official language) or the nationals of another country

·  they are not employed in the service of that country

 

In this case of a child being born in Portugal having

acquired Portuguese nationality, from which moment on

does this produce practical effects?

In this case the awarding of Portuguese nationality produces

effects from the moment of birth of the interested party.

 

I am an illegal immigrant. Can my child obtain Portuguese

nationality, under the terms outlined in the previous sections?

It is necessary to make a distinction between:

1. Whether your child was born in Portugal before 1

November 1994 (the date on which Law Nº 25/94, 19

August, came into force, which altered the Nationality

Law) he can acquire Portuguese nationality as long as one

of the parents had been residing in Portugal for more than

six or ten years, respectively, for national citizens of

PALOPS (i.e. a country where Portuguese is an official

language) or other countries, when the child was born

(Portuguese legislation did not require that the parents had

a residence permit);

2. Whether the child was born after 1 November 1994 and

the parent is not legally registered, in which case the child

cannot obtain Portuguese nationality, since the legislation

in force states that the immigrant must be the holder of a

residence permit.

b) Obtaining nationality through expressing the desire

to do so

 

I am an immigrant and I have a child who was not born in

Portugal. Can the child obtain Portuguese nationality?

Minors or handicapped children of a mother or father who has

obtained Portuguese nationality may also obtain it, though a

statement expressing the desire to Portuguese, which can be

made at any Civil Registry Office.

 

What steps are taken in such a case involving the acquiring of

Portuguese nationality?

1. The request begins with the statement expressing the

desire to become Portuguese;

2. The statement is made by the legal representatives of the

minor (as a general rule, the parents);

3. The statement can be made at any Civil Registry Office;

4. During the issuing of the statement the recording of the

acquisition of Portuguese nationality by the mother or

father should be identified.

 

What names can the child of an immigrant have?

If the interested party was born abroad or if he or one of the

parents has another nationality, it is possible to be given foreign

names in their original form (proof, preferably documental,

should be produced to this effect).

 

VII – Payment for documents

How much do you have to pay for each document?

The following fees are charged in relation to the various acts

involved in recording nationality;

1. For each declaration made regarding the acquisition or loss

of nationality – 10 euros;

2. For each recording made regarding the acquisition or loss

of nationality – 10 euros;

3. For each Nationality Certificate issued – 3.75 euros;

4. For each Registered Nationality Certificate – 2.5 euros;

5. For each document certificate previously mentioned, there

is an additional charge of 50 cêntimos for each additional

page.

Note: Any registration or declarations regarding nationality, as

well as any certificates required, are free of charge to any

individuals who have proved that their income is equal to or

below the national minimum wage.

 

USEFUL CONTACTS:

Service for Border Control and Aliens (Serviço de Estrangeiros

e Fronteiras SEF)

1. Headquarters – Rua Conselheiro José Silvestre

Ribeiro, nº 4, 1649-007 Lisboa; telephone – 21 711

50 00;

2. Lisbon Regional Office - Av. António Augusto de

Aguiar, nº 20, 1069-119 Lisboa; telephone – 21 358

55 00

Central Lisbon Registry Office - Rua Rodrigo da Fonseca,

198, 1099-003 Lisboa

Telephone – 21 381 76 00

 

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