Amendments to the legal framework for entry and working in Portugal – Employment matters
Law no. 102/2017, of 28 August, was published in the Official Gazette, introducing the fifth amendment to the Legal framework for entry, stay, departure and deportation of foreigners from the national territory, transforming into national law the Directives (EU) of the European Parliament and of the Council no. 2014/35, of 26 February 2014, no. 2014/66, of 15 May 2014, and no. 2016/801, of 11 May 2016.
On Employment matters new rules are introduced on the following cases:
1.Delocalization of companies to Portugal
A residence permit is granted to the holders, managers or employees of companies that, complying with the established legal requirements, delocalize to Portugal their headquarters or their primary or secondary establishment.
For such purpose, the companies must have their headquarters or primary or secondary establishment in the European Economic Area or in another State defined by the Portuguese Government.
The same rules apply to the employee´s family members.
2.Transfer of employees within the company or within a group of companies
A residence permit is granted for intracorporate transferred employees (managers, specialist or trainees), provided that established legal requirements are met, allowing the employee to live and work in Portugal in the context of an intracorporate transfer inside a company or a group of companies.
The residence permit for an intracorporate transferred employee is valid for an year or for the duration period of the intracorporate transfer. The permit may be renewed for equal periods, provided that conditions that sustained the permit are maintained, up to the following limits:
a) Three years for managers and specialists;
b)One year for trainees.
The nationals of third States holding a residence permit for intercorporate transfer (ICT) issued by another EU member are authorized to perform a professional activity in Portugal up to a 90 days period in any 180 days period, being also authorized, as well as their family members, to enter and stay in Portugal, without any other formalities.
To perform a professional activity in Portugal for more than 90 days, a long term mobility residence permit may be issued.
For such purposes, the applicants shall:
a)Hold a valid passport;
b)Not be included on the Schengen Information System for refusal of entry and stay purposes.
3.1. For a period up to 90 days
A short-stay visa for seasonal work is granted to third State nationals who comply with the established legal conditions.
The short-stay visa for seasonal work allows its holder to perform a seasonal working activity for a period up to 90 days, being valid as a work permit whenever its holder is exempt to hold a visa to enter in Portugal.
3.2. For a period over 90 days
A temporary-stay visa for seasonal work for a period over 90 days is granted to third State nationals who comply with the established legal conditions.
The temporary-stay visa for seasonal work for a period over 90 days has the duration established in the employment contract and cannot exceed 9 months in a 12 months period.
This law shall come into force on 26 November 2017.