THE REQUIREMENTS TO ENTER INTO PORTUGAL

YASMINI DAUDO

email: ydmadvogada@gmail.com

PORTUGUESE IMMIGRATION LAW

LAW NO. 23/2007, Of 4 JULY

REGULATION Nº 84/2007, OF 5 NOVEMBER

The immigration law governs the conditions and procedures for the entry, residence, exit and renewal of foreign nationals in Portuguese territory, as well as the status of long-term residents.

WHAT ARE THE REQUIREMENTS TO ENTER INTO PORTUGAL? 

To enter Portugal foreign nationals must:

1. Be holders of a valid and recognised travel document (passport). This document must be valid for a period that is at least three months more than the intended duration of stay, except in the case of a foreign national returning to his country of residence;

2. Be holders of an entry visa that is valid and appropriate to the intended purpose of the visit (the visa only gives the holder the right to present himself at a border checkpoint and request entry into the country, and does not confer an automatic right to enter Portugal);

3. Have sufficient means of subsistence during the period of stay and for travel back to the country where they are guaranteed entry.

The “means of subsistence” requirement may be dispensed with on presentation of a statement on accommodation/bearing of costs, which is signed by a Portuguese national or a foreign national with permanent residence authorization and which guarantees the means of subsistence during the stay in Portuguese territory and the reimbursement of removal expenses, in the case of illegal stay.

The acceptance of the statement on accommodation/ bearing of costs by the Foreign Nationals and Border Control Service (SEF) will depend on proof of the financial capacity of the person making the statement.

Under this law, the statement on accommodation/ bearing of costs may by itself form the basis of a claim against that person for payment of the removal expenses in case of illegal stay of the foreign national.

 

CAN I ENTER PORTUGAL WITHOUT A VISA?

Foreign nationals may enter Portugal without a visa when they are:

1. Nationals who have a valid residence permit, an extension of stay permit or, in the case of the staff of accredited embassies and consulates, that have a valid identity card issued by the Ministry of Foreign Affairs;

2. Nationals who benefit from a visa exemption under the terms of international conventions to which Portugal is a party.

CAN I BE REfUSED ENTRY INTO PORTUGAL?

Yes, your entry into Portugal may be refused if:

1. You are not the holder of a valid and recognised travel document (passport);

2. You are not the holder of a visa that is valid and appropriate to the intended purpose of the visit;

3. You have presented a travel document that is false, has been falsified, belongs to another or was illegally obtained;

4. You do not have sufficient means of subsistence;

5. You represent a danger or serious threat to public order, national safety, public health or international relations;

6. You are included in the list of persons banned from entering the country.

The decision to refuse entry into Portugal rests with the Director General of SEF.

WHAT CAN I DO ABOUT THE REfUSAL TO ALLOW ENTRY?

The decision to refuse entry may be appealed against before the Administrative Courts.

IMMIGRATION IN PORTUGAL

If I APPEAL AGAINTT THE DECISION, AM I ALLOWED TO ENTER THE COUNTRY?

Appealing against the decision has a devolutionary effect (transfers the power to make the decision to another person or body) but does not suspend the decision to refuse entry.

WHAT RIGHTS DO I HAVE AS A fOREIGN NATIONAL WHO HAS BEEN REfUSED ENTRY?

During his stay in the international area of an airport or at a temporary reception centre, the foreign national who has been refused entry into Portugal can:

- Communicate with the diplomatic or consular representative of his country or with any person of his choice;

- Use the services of an interpreter; - Have access to health care, including the services of a medical practitioner, where necessary; - Be provided with the necessary support to meet his basic needs; - Have access to the timely services of a lawyer

(paid  by himself).

IN WISH CASE MAY I NOT BE DENIED ENTRY INTO PORTUGAL?

Entry into Portugal cannot be denied to foreign nation- also who:

a) Were born in Portuguese territory and who have their normal residence in Portugal;

b) Have dependent children who are minors and Portuguese nationals, and in respect of which they exercise parental authority, and for whom they provide maintenance and education;

c) Have dependent children who are minors, nationals of a third country and legal residents in Portugal, and in respect of which they exercise parental authority and for whom they provide maintenance and education.

For further information

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