Last Wednesday, May 27th, entered into force for a period of one year from that date, the Order No. 5793-A/2020, which aims to implement a simplified procedure for examining applications for residence permits with visa waiver, provided for in Articles 88(2) and 89(2) of Law No. 23/2007 of July 4th.

With the implementation of this procedure, the government aims at mitigating the consequences resulting from the health emergency situation by adopting, in compliance with the legislation in force, exceptional and temporary measures that allow SEF to recover pending issues and gain efficiency in the document management of foreign citizens.

This procedure requires consultation of the relevant databases, necessary to confirm that the applicant is not in the subsequent period of prohibition of entry into national territory, the applicant is not issued with an alert for the purposes of refusing entry into the Schengen Information System by any Member State of the European Union, or with an alert for the purposes of refusing entry into the Integrated Information System of SEF, and for confirmation of the absence of convictions for crimes which, in Portugal, are punishable by deprivation of liberty for more than one year, even if they have not been served or their execution has been suspended.

The documents submitted together with the application for a visa waiver (expression of interest) prove the facts certified in them, regardless of their validity period as long as they were valid on the date of that submission. The registration with the tax authorities and, if applicable, the regularity of their social security contributions, must also be verified. However, the absence of contributions from March 2020 is not relevant for the decision.

This procedure also requires consultation of the relevant databases, necessary to confirm that the applicant has not been sentenced to a penalty or sentences which, individually or cumulatively, exceed one year’s imprisonment, even if, in the case of a conviction for an intentional crime provided for hereby law or a related crime, or for a crime of terrorism, violent crime or particularly violent or highly organised crime, its execution has been suspended.

The order also determines that applications pending the granting of a residence permit must be accompanied by the document proving the purpose of the residence, without prejudice to the steps referred to in the preceding paragraphs.

It should be noted that this order does not cover applications for residence permits for investment activity (ARI).

The information conveyed in this communication does not dispense a detailed and concrete analysis of each specific case as well as other sources of information. For further information, please contact us.

This article was written in partnership with:

Martínez-Echevarría & Ferreira – Law Firm

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