Portugal - International service provider

Conditions

Business visitors for establishment purposes (BVEPs) - Businessmen or investors seeking to establish their businesses in Portugal:

The most adequate Visa would be the Residence Visa for Independent/Liberal Professional Activity or Industrious Immigrant – article 31, Regulatory Decree no. 84/2007 of 5 November.

Short-term business visitors (STBV) – Businessmen or investors only intending a short business stay:

The most adequate visa type is the Short-Term Visa – see more detailed information below.

Contractual service suppliers (CSSs) and Independent professionals (IPs) – Businessmen or investors developing their activity as service providers or Independent/liberal Professionals:

In this instance there is the need to distinguish between situations where the Company to which the services are being provided to, has its Headquarters or Home Office in Portugal or abroad.

When the Headquarters or Home Office are in Portugal, the Residence Visa for Independent/Liberal Professional Activity or Industrious Immigrant – article 31, Regulatory Decree no. 84/2007 of 5 November, would be the most suitable.

When the Headquarters or Home Office are located in a country other than Portugal, the Residence Visa for Immigrants living in own income article 24 (c) of the same Regulatory Decree would be the most suitable (it only applies when the third-country national works in Portugal with a placement contract, but receives his/her payment in his/her origin country).

Additionally, if there is no intention to reside or stay in Portugal for more than a year, it is possible to apply for a Temporary Stay Visa for Temporary Independent Activity, as specified in article 19-A of Regulatory Decree no. 84/2007 of 5 November.

Dependents accompanying Contractual service suppliers (CSSs) or Independent professionals (IPs):

First Case – Residence Visa for accompanying family member applying for a residence visa

Proof of income would be partner’s/parent’s income. The below-mentioned general and specific requirements apply.

Second case – Temporary stay visa for accompanying family members holding a temporary stay visa.

Third case – Short-Term Visa – The same aforementioned conditions apply to applicants whose country of origin has a visa exemption agreement with the EU.

1. All types of Visas as well as the documents and requirements needed apply to Investors.

All Visas, including Short-Term Visas for nationals of countries subject to a visa obligation, are to be applied for in the Portuguese Diplomatic Representation in the country of usual residence or in the country of the consular jurisdiction of the State of residence.

Documentation required and conditions to be met

Short Stay Schengen Visa (source):

The short stay Schengen visa is intended for short stays up to 90 days in each 180-day period.

To apply for a short stay Schengen visa, the following documentation is required:

• a dully filled form and signed (for minors and incapacitated, forms should be signed by the legal guardian);
• a passport or other travel document, valid for an additional 3 months following the duration of the intended stay; photocopy of prior passport and visas;
• one passport photograph, up-to-date and in good condition, allowing proper identification;
• a document certifying the third-country national is in a regular situation when the applicant is from a different nationality than that of the country where the visa is being requested;
• travel reservation (return ticket);
• valid travel medical insurance, covering necessary medical expenses, including emergency assistance and repatriation. Shall a multiple visa be granted, applicants shall sign the statement, set out in the application form, declaring that they are aware of the need to be in possession of travel medical insurance for subsequent stays;
• economic and work conditions: work certificate and salary, as well as three latest bank transcripts (proof of means of subsistence), covering the entire stay and return to the country of origin;
• the travel authorisation for minors or court decision (when applicable);
• hotel reservation (if applicable) or statement of responsibility;
• if staying with a family member, proof of family relationship is required, and proof of housing conditions may be requested. If the person signing the term of responsibility is not a Portuguese national, proof of being legally in Portugal is required; or,
• for business purposes, an invitation clarifying on the purpose of travelling and date of arrival and departure, as well as the host organisation and person responsible; or,
• for participation in political, economic, scientific, cultural, sport or religious events, proof of attendance is required, registration or entry ticket; or, 
• for journeys undertaken for medical reasons: an official document of the medical institution confirming the necessity for medical care in that institution and proof of sufficient financial means to pay for the medical treatment; or,
• an entry visa for the destination country (if applicable).

Visa Fees

• General fee: EUR 80
• Reduced fee: EUR 40 (children over 6 and under 12 years of age)

Countries with which the European Union has facilitation agreements:

• Albania, Armenia, Azerbaijan, Belarus (partially suspended), Bosnia, Georgia, Macedonia, Moldova, Montenegro, Russia (suspended), Serbia and Ukraine - 35€;
• Cape Verde 
  • Adults - 60€
  • Children between 12-18 years - 30€
  • Children up to 12 years - exempted from paying visa fee

Visa fee applied under an implementing decision adopted by the Council to certain nationalities: Gambia – 120€.

Exemptions:

• children below the age of 6 (at the date of filing the visa application);
• students and teachers/professors traveling for training or study purposes;
• researchers traveling for scientific research purposes;
• representatives of non-profit organisations under 25 years of age attending seminars, conferences, cultural/sport events, organised by non-profit organisations; family members of EU Member States nationals, EEA countries, Swiss nationals, and family members of UK nationals under the Withdrawal Agreement.

For additional information please access this link.

Temporary stay visas (source)

Categories of visa, permits or any similar type of authorisation regarding entry and temporary stay

• Temporary stay visas are valid during the entire stay and allow for multiple entries, allowing entry and stay in Portugal for less than a year:

There is also a Temporary stay visa for the exercise of a professional activity done remotely - "digital nomads"

• Please note that the temporary stay visa for transfers of workers by state parties to the WTO can also be issued for intra-corporate transfers of managers, specialists or trainee employees when they expect to stay in Portugal for less than a year.

Documentation required and conditions to be met

General conditions for all Visas:

• not being listed for extradition or in a period of entry interdiction in Portuguese Territory;
• not being listed as non-admissible by any Schengen Member State;
• having and proving the existence of adequate means of subsistence;
• having a valid travel document;
• having travel insurance;
• a travel authorisation valid for the period of stay, for any minors travelling unaccompanied by the person with parental responsibility;
• not having been convicted for a crime that under the Portuguese law would undergo a sentence of one year or more in prison, even if suspended (Criminal Record);
• not constituting a danger or hazard for public safety, national defence, or public health;
• the indication of intended period of stay in Portugal.

For applying for a national temporary stay visa, the following documentation is required:

• a dully filled form and signed (for minors and incapacitated, forms should be signed by the legal guardian);
• a passport or other travel document, valid for an additional 3 months following the duration of the intended stay; photocopy of prior passport and visas;
• two identical passport photographs, up-to-date and in good condition, allowing proper identification;
• a document certifying the third-country national is in a regular situation when the applicant is from a different nationality than that of the country where the visa is being requested;
• travel reservation (return ticket);
• valid travel medical insurance, covering necessary medical expenses, including emergency assistance and repatriation.
• a request for criminal record enquiry by the Portuguese competent authority;
• a criminal record certificate from the country of origin or the country where the applicant is residing for over a year (children under the age of 16 are exempt from producing a criminal record);
• proof of means of subsistence as stipulated by law (equivalent of € 75 for each entry, plus € 40 for each day of stay);
• proof of subsistence means can be made through a statement of responsibility, signed by a Portuguese national or by a third-country national legally residing in Portugal.

Specific documents:

RESIDENCE VISA:

INDEPENDENT PROFESSIONAL ACTIVITY

• A contract or written service provider proposal for liberal professions; and,
• if applicable, a declaration by the competent authorities certifying professional competence for the referred activity.

ENTREPRENEURS  

• Investment operations executed, 
• proof of financial means available in Portugal, including those obtained through a financial institution in Portugal, and proof, by any means, of intention to invest in the Portuguese territory.

STARTUP VISA PROGRAM

• A declaration issued by the Agency for Competition and Innovation (IAPMEI), certifying the signing of an incubation contract with a certified incubator, in accordance with Article 6o of Normative Order no. 4/2018 of the Minister of Economy, of 2 February that regulates the «Startup Visa» Program.

For the purposes of proof of means of subsistence, the funds arising from a contract or promise of an employment contract must be considered.

Proof of means of subsistence can be provided through a term of responsibility with a certified signature issued by the entity hosting workers.

• Visa for Immigrants living on own income:
  • detailed proof of income; ex: remote worker – declaration authorising or stating the possibility of remote work and income value; other types of income – documental proof with specified origin and amount of said income.

TEMPORAY STAY VISA

• Temporary stay visa for independent work purposes:
  • a work contract or service agreement in the framework of independent and temporary work activities,
  • when applicable, a statement issued by the competent institution verifying compliance with necessary professional requisites, when the referred profession is subject to special qualification in Portugal,
  • for the purposes of proof of means of subsistence, the means derived from a contract or promise of employment contract must be considered,
  • proof of means of subsistence can be done through a term of responsibility with a recognised signature issued by the workers' reception entity.
• Temporary stay visa in the framework of transfer of nationals to state parties to the World Trade Organisation (WTO), for service providing or professional training purposes - Document certifying that the transfer:
  • is occurring within the same company or corporate group, and that the host institution is providing similar services to those provided by the institution from which the third-country national is being transferred;
  • or is referring to partners or workers, that have been in that institution for at least one year, based in another state party to the WTO falling under one of the following categories:
    • partners or workers in a managerial position working as senior staff and perform executive administration tasks, under the guidance of the board of administration;
    • partners or workers with the necessary technical skills to the delivery of the referred activity, research equipment, as well as technical and managerial skills;
    • partners or workers due to get professional training in Portugal.
• Temporary stay visa for independent work purposes:
  • work contract or service agreement in the framework of an independent and temporary work activity,
  • when applicable, a statement issued by the competent institution verifying compliance with necessary professional requisites, when the referred profession is subject to special qualification in Portugal.
  • Temporary stay visa for periods of over 3 months, in exceptional and well-founded circumstances, namely for programmes of study in a certified institution, student exchange, unpaid professional internship, volunteer work or pursuant to WTO obligations or those arising from conventions and international agreements to which Portugal is a state party.
  • In the framework of international commitments related to free movement of services, the following documents are necessary:
    • the service agreement contract between the third-country national and the final consumer; 
    • the certificate of technical qualification for the delivery of the referred service.

For additional information please access this link.

Appeal mechanisms (source)

Applicants can appeal refusal to grant a visa, in compliance with Portuguese domestic law.

Available options being:

• complain to the author of the act, within 15 days of the notification (under the terms of article 191 of the Code of Administrative Procedure), at the Consular Post/Consular Section;
• appeal hierarchically, within three months after the refusal notification (in accordance with paragraph b) of paragraph 2 of articles 58 and 59 of the Code of Procedure in Administrative Courts, by reference to paragraph 2 of article 193 of the Code of Administrative Procedure), for the member of the Government responsible for the area of Foreign Affairs, at the Consular Post/Consular Section;
• initiate administrative action to challenge acts, within three months after this notification (in accordance with articles 58 and 69 of the Code of Procedure in Administrative Courts), at the Administrative Court of Lisbon Circle, by supplementary determination of article 22 of the Code of Procedure in Administrative Courts.

The referred options are not mutually exclusive. As such, the applicant can appeal to the Minister and, depending on the results of such appeal, continue towards litigation (Paragraph 4, Article 59, Code of Procedure in Administrative Courts).

The applicant can also appeal the decision and bring an action simultaneously to the administrative court, without waiting for the results of the appeal (in compliance with paragraph 5 of article 59 Court of Process in Administrative Courts).

For the administrative costs of handling each appeal procedure, for the use of administrative guarantee, to contest a visa applications decision, with the exception of applications resulting from authorisations for family reunification, 75€ (article 15 no. 5 of Order no. 229/2021, of 28 October and amendment).

For additional information please access this link.

The maximum period of stay under each type of authorisation

The temporary stay visa (art. 54 of Law 23/2007 of 4 July) is valid from 91 days up to one year, accordingly with the applicant’s documentations and needs; this visa has multiple entries.

The residence visa (art. 89 no. 1 of Law 23/2007 of 4 July) is issued for a period of 120 days and two entries. At the moment of the issuance, it is scheduled an appointment at the competent authority for submitting the residence card application; this residence card will be issued for two years allowing multiple entries.