Extending Stay in Portugal
Temporary stay visa for seasonal work
Legal Framework
According to the duration of the seasonal contract of employment, the stay until a nine months limit in a period of twelve months is extended (article 56, no. 4).
The employment relationship may involve more than one company provided it is for seasonal work (see article 71-A, no. 2).
Documents Required
Applications for the extension of stay are submitted in any SEF’s directorate or regional delegation, on a standard form, signed by the applicant or his/her legal representative, or on-line, holding the necessary documentation as follows:
- Two recent, identical photographs, in colour with blank background, and easily identifiable (only for appointments at Aveiro or Braga SEF bureau)
- Passport or any other valid travel document
- Whenever the applicant is a minor or legally disabled person, the application should be submitted and signed by his/her legal representative
- Evidence of sufficient means of subsistence, as per the provisions of Order number 1563/2007, of 11/12
- Evidence that the applicant has adequate accommodation
- Permission for checking the Portuguese criminal records by SEF (to be stated in the same standard form for the extension of stay) whenever the stay required exceeds 90 days (except for under 16 years of age)
- Return ticket (or in situations duly confirmed and documented the travel reservation with the return date), except in situations in which the required stay exceeds 90 days
- Specific Documents:
- Contract of employment or declaration of the employer confirming the keeping of the seasonal contract of employment
- Health insurance or supporting evidence stating that he/she is covered by the National Health Service
- Insurance against accidents at work submitted by the employer
Specific Documents
Supporting evidence of the justifiable grounds for the extension of the period of validity or the duration of the stay, namely:
- Extension of the seasonal employment or declaration of the employer confirming the keeping of the seasonal employment (with a temporary employment company or a new employer established in the national territory, identifying the place, time and type of work, duration, wage and holidays paid to which the worker has the right);
- Supporting evidence of the registration within the tax administration and social security (interruptions, contributions below than the amounts waged or in the absence of contributions) may force the delivery of the certificate of regular/no debts situation within Social Security;
- Supporting evidence of proper protection in case of illness, identical to nationals, or of health insurance and insurance against accidents at work available by the employer;
- Declaration issued by the competent entity for checking of the requirements of the profession in which is subject to special qualifications, in Portugal, as applicable.
Notes
- Applications submitted on-line do not relieve the applicant from collecting biometric data and the affixing of SEF’s sticker, by scheduling into one of its Service Bureaus
- The extension of stay cannot exceed nine months (Temporary stay visa + Prorrogation of Permanence)
- The expected constraints provided in article 56 of REPSAE should be checked.
- Except when exceptional circumstances occur, duly analysed, applications for the extension of stay are not decided when submitted within a 30 day period after the date of expiry of the authorised stay period (article 72, nº. 5 of REPSAE)
- According to Dispatch no. 745/2018 of 17 January establishing the list of job sectors with seasonal activity, the job sectors with seasonal work are the following:
- Agriculture, stock farming, game, forestry and fishery (Divisions 1, 2 and 3 of CAE Rev. 3);
- Accommodation, catering and similar (Divisions 55 and 65 of CAE REV. 3);
- Food, beverage and tobacco industries (Divisions 10, 11 and 12 of CAE Rev. 3);
- Wholesale and retail trade (Divisions 46 and 47 of CAE Rev. 3);
- Construction (Divisions 41, 42 and 43 of CAE Rev. 3);
- Inland transport (Division 49 of CAE Rev. 3).
- The following administrative offences are applicable: Article 192 of REPSAE (Illegal stay); Article 197 of REPSAE (No declaration of entry); Article 199 of REPSAE (No presentation of travel document).
ARTICLE 56, PARAGRAPH 4, AND ARTICLE 71 – A OF THE ALIENS ACT
ORDER NUMBER 1563/2007, OF 11/12