Q? Can I return to Portugal after being expelled?

In case of administrative expulsion, has expelled foreign entry into forbidden territory for a period not less 5 years.

In the case of judicial expulsion, the period of prohibition is set by copyright legal age.

Q? For the foreign country may be expelled?

In principle, a foreigner may only be expelled to their country of origin.

However, expulsion can not be to any country where the alien may be persecuted for reasons, under the law, justify the granting of asylum.

Q? The fact that the alien is to use the right to remain in the country?

Not. The appeal does not suspend the effect is not suspensive, not suspend the sentence of expulsion.

Q? If the expulsion measure is considered unfair that the alien can do?

May appeal the expulsion decision to the courts or higher courts, depending on the expulsion decision has been taken by administrative act or judicial decision.

Q? Who can carry out the expulsion?

Only the judicial or administrative authorities have the power to expel a foreign. In the case of administrative expulsion is competent Director of SEF. The judicial expulsion is a matter of judicial authorities (small criminal court proceedings and district courts), can be applied independently and in its own process or as an accessory penalty imposed in criminal proceedings.

Q? What are the grounds for expulsion from Portugal?

Will be expelled from Portuguese territory foreign nationals:

  1. penetrating or remain unlawfully in Portuguese territory;
  2. acting against national security, public order or good morals;
  3. whose presence or activities in the country constitute a threat to the interests or dignity of the Portuguese State or its nationals;
  4. interfering improperly in the exercise of rights of political participation reserved for nationals;
  5. tenham praticado that acts, if known by the Portuguese authorities would have prevented their entry into the country.
Q? What are the basic care that I have from the moment I reside in Portugal?
  1. Always carry your passport, title of residence, identity card or other document;
  2. Always carry your Consular card, telephone numbers, fax, address of the Embassy or Consulate of your;
  3. Always carry your phone family or a friend who can be contacted in case of emergency number;
  4. Not overstaying or passport, nor seen, neither the Identity, nor the title of residence or any other document that has an expiration date;
  5. Scrupulously comply with the Portuguese law, including laws on foreign;
  6. In the case of a foreign resident, communicate to the Aliens and Frontiers any change of nationality, marital status, profession, residence and absences from the country for a period exceeding 90 days.
Q? Who can apply for a permanent residence permit?

Eligible for a permanent residence permit foreigners, cumulatively:

  1. Legally resident in Portuguese territory for, at least, 5 or 8 years, depending on whether, respectively, citizens of Portuguese Speaking Countries or other countries;
  2. During the last 5 or 8 years of residence in Portuguese territory, as appropriate, have not been convicted, by final judgment, in sentence or sentences that, alone or together, exceed one year in prison.
Q? What is a permanent residence permit?

A permanent residence permit has the following characteristics:

  1. Has no expiry date;
  2. Permits must be renewed every five years or whenever justified, namely, when changes occur in the personal identifiers.
Q? What is a temporary residence permit?

The temporary residence permit has the following characteristics:

  1. It is valid for two years from the date of issuance of the relevant title;
  2. It is renewable for successive periods of three years;
  3. Permits must be renewed whenever there is change made to the registered identification that title;
  4. There are situations in which waiver is granted a residence visa for obtaining a residence permit (explanation below).
Q? And if family?

The residence permit issued under the right to family reunification is canceled when:

  1. The marriage has the sole purpose of enabling the beneficiary of family reunification legal entry and residence in the country;
  2. The right holder ceases to be the resident and the family member does not benefit, yet, an autonomous residence permit;
  3. The resident and family members do not maintain family ties (in exceptional cases, namely, legal separation of people and goods, divorce, Widowhood, death of ascending or descending and when adulthood is reached, one autonomous residence permit may be granted before the expiry of 2 years).
Q? What can I do against the non-renewal or against cancellation of my residence permit?

May appeal the decision to the Minister of Internal Affairs. If this confirms the decision, may appeal to the administrative courts.

Q? On what grounds can be canceled at my residence permit?

The residence permit is canceled:

  1. Where the resident alien has been subject to an expulsion from the national territory;
  2. When was issued based on false statements or by the use of fraudulent means.

A residence permit can also be canceled when the person, without justifiable reasons, been absent from the country for long periods:

  1. As the holder of a temporary residence permit, is 6 consecutive months or 8 months interpolated, total period of validity of the authorization;
  2. As the holder of a permanent residence permit, 24 consecutive months or, within 3 years, 30 months interpolated.

Absence beyond the stated limits should be justified by the SEF request before leaving the resident in the country or, in exceptional cases, after his departure.

Q? Under what circumstances can I be without my residence permit?

In addition to the situations in which your renewal application is refused by the SEF, You may also be canceled for a residence permit.

The power to cancel lies with the Minister of Internal Affairs, with the power to delegate the Director General of SEF.

The cancellation must be notified to the person concerned with the reasons of the decision and involves the seizure of the corresponding title.

Q? I'm stuck. How can I renew my residence permit?

The residence permit for foreign nationals serving jail time can only be renewed provided it has not been decreed their expulsion.

The application for authorization expired residence permit will not result in contraordenacional procedure if it is presented to 30 days after the release of the person concerned.

Q? I lost my residence permit. What should I do?

Duplicate residence permit may be required in case of poor condition, loss, destruction, furto ou roubo.

The application shall be accompanied by a statement of reasons that underlie and in case of theft, with a copy of report to the police authority. The application shall be accompanied by two photographs of the applicant.

The application shall be submitted to the Regional Directorate of the SEF in your area by completing a form that must be signed by himself (or legal representative, ignored under 10 years of age or unable).

Q? I get some proof of submission of an application for grant or renewal of residence permit?

Such requests shall be recorded and delivered to the person concerned a certificate counterfoil of application, valid for 60 days. Pending the renewal process, the bead ensures quality foreign resident in Portugal.

Q? What are the criteria used for the renewal?

In assessing the application the Aliens and Borders (SEF) will attend, namely, the following criteria:

  1. Livelihoods demonstrated by interested;
  2. Housing conditions;
  3. Compliance by the person of Portuguese laws, particular those relating to foreign.

The decision on the application for renewal by the Aliens and Borders must be taken within 30 days, after which the request is considered as accepted / approved.

Q? When I do the renewal of my residence permit?

The renewal of a temporary residence permit must be requested by interested parties to 30 days before its expiry.

During the one-year, after the expiry of the temporary residence permit, You can also request renewal but shall be subject to payment of a fine. However, if not seek renewal of his residence permit within one year after the expiry of the residence permit, their right of residence expires.

Q? How can I renew my Residence Permit?

The application for renewal of residence permit must be submitted to the Regional Directorate of the SEF in your area, by completing a form that must be signed by himself (or legal representative in the case of smaller 10 years of age or unable).

The renewal application must be accompanied by proof of livelihoods (as to the evidence to see Regulatory Decree 9/2001, of 31 May) and criminal record, may be refused if the person seeking such a request does not meet the minimum conditions to continue to reside in Portugal.

Q? If you do not meet the requirements, have any way to get a residence permit?

When there are extraordinary situations to which the provisions on family reunification or on residence visa waiver do not apply, You can, exceptionally, residence permit is granted, the national interest, to foreign nationals who do not meet the requirements specified. Upon the proposal of the Director General of SEF or on the initiative of the Minister of Internal Affairs.

Q? In what situations is granted visa-free residence for obtaining a residence permit?

Not require a visa to obtain a residence permit aliens who are in the following situations:

  1. lower, children of foreign nationals, born in Portuguese territory, qualifying for resident status identical to that granted to any of its parents (for issuing the residence permit, either parent must submit a request in 6 following registration of the birth month of the child);
  2. family cidadãos national and national cidadãos States Parties to the Agreement on the European Economic Espace;
  3. those who no longer qualify for asylum in Portugal, because they have ceased the grounds on which they obtained such protection;
  4. those who suffer from an illness that requires prolonged medical care that prevents return to the country, to avoid risk to the health of the individual;
  5. lower, when one of the situations covered by paragraph 1 of Article 1921 of the Civil Code;
  6. those who have completed active military service in the Portuguese Armed Forces;
  7. those whose work in the scientific field, cultural, economic or social is considered of paramount interest to the country;
  8. those who live in de facto union with a Portuguese citizen, with a national of States Parties to the Agreement on the European Economic Area or resident alien under the law (are only considered unmarried couples with residents when they have this capacity for at least two years and when the family member is found regularly in national territory);
  9. those who have not left the country and whose right of residence has expired;
  10. those who have minor children residing in Portugal or Portuguese nationality on which effective parental power and those who provide maintenance and education;
  11. those who have been holders of work visas for an uninterrupted period of three years;
  12. those who have been holders of stay permits for an uninterrupted period of five years;
  13. diplomatic and consular officers and their spouses, upstream and downstream in charge, accredited in Portugal for a period not less than 3 years.

Where can request the granting of a residence permit with respective visa waiver, documents required vary according to the particular situation in which they are and that allows you to be entitled to this exemption.

Q? What conditions have to meet to apply for a residence permit?

To be granted a residence permit, the applicant must meet the following requirements:

  1. Possession of a valid residence visa, that is issued to ensure the entry into Portuguese territory to migrants wishing to apply for a residence permit. This visa is valid for a period of six months and allows two entries in the country;
  2. Presence in Portuguese territory;
  3. Nonexistence of any fact that, if known by the authorities before issuing visas, would have prevented the grant of the same.
Q? What documents do I need to have identification?

The residence permit replaces, for all legal purposes, the identity of a foreign citizen.

The residence permit is the only identification able to prove the quality of legal resident in Portugal.

Q? Where and how can I apply for a Residence Permit?

The application for a residence permit must be submitted to the Regional Directorate of the Aliens and Frontiers in your area, by completing a form signed by himself (or legal representative in the case of smaller 10 years of age or unable).

This request must be accompanied by the following documents:

  1. Passport or other valid ID;
  2. Valid residence visa, unless it is waived;
  3. Two identical photographs, passport, a cores, updated and in good condition;
  4. Proof of means of subsistence;
  5. Documentary proof of kinship ties, where appropriate;
  6. Certificate of consular registration.

The Aliens and Borders decides whether or not to grant a residence permit within 60 days.

Q? What is a residence permit?

The residence permit is a document which is issued in the form of a residence and that allows foreign nationals to remain in Portugal for a certain period of time or indefinitely.

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

Q? Given the new immigration law who is considered a resident?

The new law considers enabled resident alien with a valid residence permit title in Portugal.

The previous law considered a resident alien enabled with valid residence title in Portugal.

Q? Which relatives are encompassed here?

Are encompassed:

  • the spouse;
  • minor or incompetent in charge of the couple's children or a spouse;
  • minors adopted by the applicant or spouse;
  • ascending in a straight line and one of the resident or his spouse, provided that they are in charge;
  • younger siblings, provided that they are under the supervision of resident.
Q? And in the case of my family?

For exceptional reasons, occurring after legal entry into Portugal, extension of stay may be granted to family members of visa holders study, temporary stay, work and stay permit.

However, the validity and duration of extension of stay may not exceed the validity and duration of visa granted to family.

Q? There are limits to the extension of my stay?

The extension of stay for a limited period which varies according to the purpose it is intended, in other words, with the type of visa in question, also varying, as appropriate, the set of documents that must deliver (to know that deliver documents should consult the Regulatory Decree 9/2001, of 31 May, available in www.acime.gov.pt).

Extension of stay may be granted:

  1. Until 5 days, if transit visa;
  2. Until 60 days, not seen a case of special;
  3. Until 90 days, renewable for the same period, in the case of short-stay visa or no visa requirement (in exceptional cases it may be extended beyond this limit);
  4. Until 1 year, renewable for equal periods, in the case of student visa or temporary stay visa (not this limit visas to study the syllabus and supplementary stage studies apply). In exceptional cases it may be extended beyond this limit;
  5. Until 2 years, in the case of work permit.

In exceptional cases it may be extended beyond this limit.

Q? He spent the duration of my visa. What should I do to stay in Portugal?

If you want to stay in Portugal for a period of time greater than that offered on entry, may request the Director General of SEF extension of stay, which is granted only to retain the reasons that led to the admission of the foreign in Portugal (except in cases duly substantiated).

Attention: will not be granted the requests for extension of stay that are presented 60 days after the end of the authorized period of stay (30 days in the case of short-stay visa).

Q? I have to pay to ask for a residence permit or to request an extension of the same?

The granting and renewal of the stay permit is due to a corresponding rate 75 euros (Ordinance No. 27-A/2002, of 4 January).

Q? When should I request an extension of my stay permit?

The extension must be requested at the time that corresponds to the limit of validity of the residence or, exceptionally, at a later date, mas never decorridos 60 days over the limit of validity. Present the past 60 days your application for extension will not be granted.

Q? What should I do to extend my stay permit?

You should go to a Directorate, Regional Office or Service Points SEF, Specific for this purpose (Lisbon, Setúbal, Santarém, Coimbra and Faro) the area where it exerts its activity, in possession of:

  1. Valid passport;
  2. A photograph;
  3. Three copies of the employment contract running at time of order (actual);
  4. Three copies of previous contracts have been concluded after issuing a residence permit;
  5. Attestation of the situation before the Social Security;
  6. Certificate of criminal record.

Note: is not necessary to submit the request to extend towards, delegation or service station that issued the permit of stay.

Q? Can I extend my stay permit?

Yes. The residence permits already issued may be extended for annual periods, provided that subsist by the holder's exercise of a salaried activity, and the total grant period exceeds 5 years, from the date of grant of the first authorization.

Q? That means I can no longer get permission to stay?

Not. The provisions in the new law does not affect the applications for granting residence permits pending, already delivered, the date of its entry into force. But, if not surrendered his claim, now can no longer deliver.

Q? How can I apply for a residence permit?

The new immigration law has revoked permits of stay.

Q? What is the Authorization to Stay?

It was a legal mechanism created by D, L. nº 4/2001, of 10 January, allowing it to be allowed to stay in Portugal to foreigners who were, not being holders of proper visa and who met the following conditions:

  1. Hold an employment contract or proposed employment contract with favorable information IDICT;
  2. Not have been convicted by final judgment to imprisonment for a term of more than 6 months;
  3. The removal of the country have not been subject and is in the period of prohibition of entry into Portugal;
  4. Not be suitable for the purposes of refusing entry in the Schengen Information System by all contracting parties;
  5. Not be suitable for the purposes of refusing entry into integrated information system SEF.
Q? My entry visa can be canceled in Portugal?

Visas may be canceled in the following situations:

  1. When the holder does not meet or no longer meet the conditions for granting;
  2. When issued based on false statements, use of fraudulent means or by invoking different reasons from those that led to the entry of the holder in the country;
  3. When you have stopped the reasons which led to its grant.

The cancellation of visas is the responsibility of the Minister of Internal Affairs, you can delegate to the director of the SEF geral.

Q? My entrance in Portugal may be banned?

It is banned from entry to foreigners in Portugal:

  1. Listed for the purposes of refusing entry in the Schengen Information System;
  2. Listed for the purposes of refusing entry on the national list because of, for example:
  • have been expelled;
  • have been returned to another country under a readmission agreement;
  • having been convicted by a judgment with res judicata in imprisonment for a period of not less than one year;
  • have benefited from the support of the Portuguese State to voluntary return to the country of origin;
  • were driven to the border.
Q? What rights do I have as a foreigner not accepted?

During the stay in the international area of ​​the airport or at a temporary reception center, the foreigner who has been refused entry to Portugal can communicate with the diplomatic or consular representation of your country or any person of your choice. You can also benefit from assistance of an interpreter and health care, including the presence of medical, whenever necessary. Can also be assisted by a lawyer, freely chosen, competing-YOU bear the respective charges.

Q? By challenging the decision can enter the country?

Not. The challenge to the ruling devolutive and not suspensive effect, namely, not suspend the refusal of entry.

Any other family of Portuguese citizen or his spouse, since they are dependent on the first or living with him in the same household in the country of habitual residence.

Q? What can I do against this refusal of entry?

The refusal of entry may be judicially challenged before the Administrative Courts.

Q? Can I be refused my entry into Portugal?

Its entry into Portugal may be refused if:

  1. Not the holder of a valid travel document recognized (passport);
  2. Are not the holder of a valid visa and suitable for the purpose of travel;
  3. If you submit false travel document, counterfeit, oblivious or fraudulently obtained;
  4. Does not have sufficient means of subsistence;
  5. Constitute a danger or serious threat to public order, national security or international relations;
  6. If a measure banning entry. The refusal of entry into Portugal is the responsibility of the Director General of SEF.
Q? With what grounds can my entry visa be canceled?

The visa can be canceled if the holder is the subject of alerts for refusal of entry into the Schengen Information System, the Integrated Information System of the Aliens and Borders (SEF) or when the holder false statement in the application for the visa.

Q? My entry visa may be canceled in Portugal?

Yes. The visa may be canceled by the issuing authority abroad or by the Aliens and Borders (SEF) in Portugal.

Q? Which family members are covered by the scheme?

Consider themselves family for the purposes of the scheme under review:

  1. The spouse, or who live with him in a position analogous to that of marriage, for more than two years;
  2. Descendants under 21 or years in charge;
  3. Upwards of Portuguese citizens or their spouses who are in charge of that;
  4. Any other family of Portuguese citizen or his spouse, since they are dependent on the first or living with him in the same household in the country of habitual residence.
Q? I am a Portuguese family. My scheme entry into Portugal is identical to that described previously?

Foreign family members of Portuguese benefit from the same regime granted to the relatives of other EU citizens, regime of Decree-Law No. 60/93, of 3 March, as amended by Decree-Law No. 250/98, of 11 August (this legislation is available for consultation in www.acime.gov.pt).

In this situation a residence card is issued, in accordance with the provisions of Decree-Law cited.

Q? What is the Special Views?

For humanitarian reasons or national interest, recognized by the Minister of Internal Affairs, a visa for entry and temporary stay may be granted to foreigners who do not meet the legal requirements for the purpose.

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