Article 124-B – “ICT – Intra-corporate transferee permit” Residence permit for workers transferred within the company

Documents Required

The residence permit shall be issued to workers hosted by entity/company established in the national territory, according to the national legislation, for which the worker is transferred to under a transfer within the company – subparagraph ii) of no. 1 of article 3 of Law nº. 23/2007 and 124-B, for a manager, specialist or training professional activity (see subparagraph hh) of the mentioned no. 1 of article 3)

Application for residence card is scheduled (via an electronic platform) submitted personally on a standard form signed by the applicant or his/her legal representative. May be submitted at any SEF’s directorate or regional delegation, which, after proceedings and decision, will forward it to the directorate or regional delegation of the applicant’s area of residence. Necessary documentation as follows:

• Two recent, identical photographs, in colour with blank background, and easily identifiable (only for appointments at Odivelas, Aveiro or Braga SEF bureau)
• Passport or any other valid travel document, with the validity covering the duration of the transfer
• Evidence of sufficient means of subsistence, as per the provisions of Order number 1563/2007, of 11/12
• Permission for SEF to check portuguese criminal record (except people under 16 years old)
• Criminal record of the applicant’s country of nationality or criminal record of the country in which the applicant resides for over one year (according to the provided in number 4 of article 53 of Regulatory Decree no. 84/2007)

Specific Documents

• Evidence of registration in Tax Authority and Social Security, when applicable
• Evidence in which the hosting company and the company established in the third state belong to the same company or group of companies
• Evidence of having worked in that company or group of companies immediately before the transfer, by a minimum period of three to twelve consecutive months, as manager or specialist, or of three to six consecutive months as a trainee
• Holder of a contract of employment with the company or group, specifying the condition of management, specialist or trainee
• Document issued by the employer with identification of the hosting company, remuneration and further working conditions during the transfer time
• Evidence of being holder of manager or specialist qualifications and professional experience or of a higher education diploma in case of trainees
• In case of a regulated profession, evidence of complying with the conditions legally provided in the national legislation for its activity
• Evidence of having requested an Health Insurance, whenever not covered by the National Health Service
• Guarantee by the hosting company in which complies with the national legislation in matter of working conditions and remuneration

Under nº 3 of article 124 B, and by decree order of the members of the government of the interior and economy, when the applicant is transferred to certified companies or groups of certified companies he/she is exempted from submitting the following documents:

• Evidence in which he/she has worked in the company or group, in a date immediately before the transfer by a minimum period of three to twelve consecutive months, as manager or specialist, or of three to six consecutive months as a trainee
• Holder of a contract of employment with the company or group, specifying the condition of management, specialist or trainee
• Evidence of being holder of the qualifications and professional experience of manager and specialist or of a higher education diploma in case of trainees;
• Evidence of having requested an Health Insurance, whenever not covered by the National Health Service
• Guarantee by the hosting company in which complies with the national legislation in matter of working conditions and remuneration

 Notes

• The granting of a residence permit shall entail: the absence of any fact which, if known to the competent authorities, would preclude the granting of the visa; Absence of conviction for a crime which in Portugal is punishable by a custodial sentence of more than one year; The applicant is not within a period of prohibition of entry into the national territory, following an expulsion measure from the country; No indication in the Schengen Information System; No indication in SEF’s Integrated Information System for non-admission purposes, under article 33 of the Aliens Act.
• When the applicant has entered into national territory legally, he/she does not need a residence visa
• The regular stay is not required, however being punishable by an administrative offence by over stay in the national territory, under article 192º of REPSAE (and, if applicable, as provided by Article 197 of the Law – No declaration of Entry; Article 199 of the Law – No travel document)
• Pursuant to article 124-B, n.º 7, of the Aliens Act, the residence permit for workers transferred within the company is valid for one year or for the corresponding duration of the transfer to the national territory, and may be renewed for equal periods of time, up to three years, in the case of managers and specialists, or one year, in the case of trainees, as long as the conditions under which the permit has been granted are kept. Because this is a special legal provision, the amendment introduced to article 75 of the Aliens Act, by article 192 of Act n.º 75-B/2020 of 31 december – State Budget to 2021 in force since 01/01/2021 and to 2021 does not apply.
• The application is decided in a 90 days deadline for issuance; 30 days for renewal, deducted to half (45 days and fifteen days, respectively) in case of certified companies
• The worker who has been transferred having his/her resident permit conditions changed shall inform SEF of the fact within a fifteen days period.
• The holder of the “Intracorporate Transfer” residence permit has the right to family reunification, under article 98 of REPSAE

 Fees

Standard Forms

Legal Framework

ART.º 124.º B OF REPSAE

ORDER NUMBER 1563/2007, OF 11/12

 Scheduling appointment by telephone