IMMIGRATION LAW LIVING IN PORTUGAL What are the requirements for by ramhood17

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									     IMMIGRATION LAW – LIVING IN PORTUGAL

     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).

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 work permit?
It allows the holder to enter Portugal in order to temporarily
carry out a professional activity, whether employed or not.
This visa can be granted to allow residence in Portugal for
periods of up to one year.

What kinds of work permit are there?

The following types of work permit exist:

  1. Work permit I – to carry out a professional activity within
     the fields of sport or entertainment;
  2. Work permit II – to carry out a professional activity which
     involves scientific research or which presupposes highly
     qualified technical knowledge, which in either case must
     be suitably verified by the relevant branch of the public
     administration;
  3. Work permit III – to carry out independent professional
     activity within the scope of providing a professional
     service;
  4. Work permit IV - to carry out employed professional
     activity.

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.

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.

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 int erest, 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.

								
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