Application for a Residence Permit under Article 88, Paragraph 2 “without a residence visa.”
Article 88 and paragraph 2 of the immigration law were enacted on July 4, 2007; they were amended in 2012, 2017, and 2019. A residence permit for employment purposes may only be issued to nationals of a third country who have a valid employment contract and who are registered with Portugal’s Social Security System.
Obtaining temporary residence requires the following steps:
Step 1: Legal entry declares:
Foreign nationals entering the country from another Member State through an uncontrolled border must report this fact to SEF (Portugal Immigration department). Foreign citizens and residents of third countries are required to file an entry declaration within three working days of entering Portugal. Per articles 14 and 16 of Act 23/2007 of July 4 and subsequent amendments. No further declaration requirements: Foreign nationals who entered Portugal via a border crossing are inspected at the border. Permanent residents or visa holders can remain in the country for longer than six months. After entering the country, foreign nationals stay in hotels or other accommodation units that submit accommodation forms to SEF. The EU legal framework or similar arrangements protect foreign nationals.
Step 2: NIF (tax Identity) Number:
The NIF number is also known as the contribution number (Numero de Contribuinte) and the unique tax identification number. A unique ID issued by the Portuguese department of Finance and taxation to individuals who are not only taxpayers but also involved in contracts, opening bank accounts, sales, and purchases, as well as obtaining any registration within Portugal. The Zajl office have prepared the necessary information to help applicants after analyzing the current data in Portugal regarding resident status, and among others. To get a NIF number, you must go to the Finance department in person or send a representative with a power of attorney, a valid ID (such as a passport or citizen card), and a declaration of the fiscal representative. When you ask for your NIF, it is sent to you along with a standard report that tells you when you will get your final taxpayer’s card. The NIF number is made up of a personal tax number that is valid forever and can be used to talk to the tax authorities in Portugal, get a residence title, or get a loan from any private or public bank. This number is called the NIF contribution number which is correspondent to (Numero de Contribuinte) in Portuguese or simply said personal tax number.
Step 3: Request an accommodation confirmation letter:
The Junta de freguesia is the executive body of each municipality in Portugal that provides the address confirmation function following the submission of valid local proof of accommodation or reference on behalf of two citizens. The correspondent address is required to receive public and private institutions in Portugal (documentary proof). The Junta de freguesia sends confirmation of the applicant’s address to the specific body that the applicant has requested. For the knowledge of applicant, this document is only valid for three months from the date of issue.
Step 4: Social Security Number
Any expat/employee/individual who wishes to work in Portugal is required to obtain a Social Security number. Segurança social institute issues the social security number. You must submit a copy of the employer-certified employment contract to apply for and obtain a Portuguese NISS social security number. The contracting firm can issue a promise contract if the intent is to hire a foreign national. Without a job offer, freelancers and self-employed individuals can request a social security number. Within 90 days of submitting the required application for worker admission to Portugal’s social department, the competent authority issues a number.
Step 5: Employment agreement and taxes:
In Portugal, the employment contract is governed by Portuguese labor law (articles 273– 275). The minimum age for employment is 16. A person can obtain employment at the age of 18 without having to complete high school. There are various types of employment agreements. In 2018, the government raised the monthly minimum wage in Portugal from €557 to €580. In 2019, the government pledged to raise Portugal’s minimum wage above €600 for the first time & 635 Euro in 2020. Based on information prepared by the Zajl office after analyzing current data presented in Portugal’s parliament. The tax obligation consists of employer and employee contributions, including deductions for income tax and social security from the salary or employer payments as follows:
- Employer (Company) contributes 23.75%
- Employee Contribution 11%
Both parties calculated a gross salary of 34.75 percent.
Step 6. SEF ENTRY (request for residency permit):
Application is submitted through the electronic platform (known as SAPA Portal), and the application is submitted personally on a standard form signed by the applicant or their legal representative along with supporting documents as listed under Passport or any other valid travel document. Legal entry is evidence of regular entry into Portuguese territory. Evidence of adequate means of subsistence (income or funds). The criminal record is extracted from the country of origin for more than one-year criminal file. Proof that the applicant has reasonable accommodation. Junta’s confirmation of Social Security registration unless an employment contract has been promised. Proof of tax authority registration, tax, and salary documentation. An employment contract or document issued pursuant to article 88, paragraph 2, subparagraph of Law No. 23/2007 of July 4; or work promised.
Required documents under step 6 are as follows:
- Passport and visa
- Proof of entry
- NIF number
- SSN number
- Employment contract
- Junta
- Police criminal record
- Social security payment receipt
- Letter of confirmation from the employer
Step 7. Await an email message from SEF:
After submitting documents on the SAPA Portal for the manifesto of interest, the portal will generate your MI number, allowing you to reside and work in Portugal.
Step 8. Visiting SEF office for fingerprints:
After applying, the SEF assessment allows the user to schedule an appointment with the SEF Bureau via SAPA Portal. The user may select a location, date, and time of their choice. SEF may request for an interview or additional documentation.
Step 9: Delivery of residence card:
Junta de freguesia will deliver printed temporary residence cards to the address listed on your JUNTA certificate, which is issued by Junta de freguesia.