Extending Stay in Portugal
Short-stay visa for seasonal work
Legal Framework
According to the duration of the seasonal contract of employment, the stay which cannot exceed a maximum period of nine months (article 71, no. 1), including the initial period of the consular visa, is extended. The employment relationship may involve more than one company provided it is for seasonal work (see article 71-A, no. 2). To this extension, article 72 does not apply (neither subparagraph d) of no. 1 or no. 2).
Example: If the seasonal contract of employment which initially had a maximum duration of 90 days had been extended, the extension shall be related to the extension of the seasonal contract of employment, under the condition that the citizen’s stay does not exceed nine months (validity of the visa + extension of stay).
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:
- Application delivered personally, (on a standard form) signed by the applicant (where the applicant is either a minor or legally disabled person the form shall be signed by his / her legal representative)
- 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, which may be made available by the employer (rental agreement or accommodation lending contract or term of responsibility of the employer regarding the availability of accommodation with indication of the conditions, if the housing conditions are not in the contract of employment);
- 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
Evidence of the reasons justifying the extension of the validity period or of the duration on the stay, in particular:
- Seasonal extended work contract or declaration by the employer confirming the maintenance of the seasonal work contract or new seasonal work contract (entered into with a temporary work company or with an employer established in the national territory, identifying the place, time and type of work, duration, remuneration and paid leave to which the worker is entitled);
- Proof of enrollment in tax administration and social security;
- Proof of adequate protection in the event of illness, in the same way as national citizens, or health insurance and occupational accident insurance provided by the employer;
- Declaration issued by an entity competent to verify the requirements of the profession, if subjected to special qualifications in Portugal, when applicable.
Notes
- Applications submitted on-line do not relieve the applicant from collecting biometric data and the affixing of SEF’s sticker, by scheduling one at of its Service Bureaus
- The applicant must hold or have the conditions to legally hold, within means of payment, per capita, the equivalent to €40,00 for each day spent in the territory, considering the period of extension requested – in that case settling the stay into an authorisation for the carrying out of a professional activity, in which the means of subsistence are waged of contracting amounts for the sector of activity, taking as reference the minimum guaranteed monthly pay. Foreign nationals which prove to have ensured accommodation and food for the corresponding stay, or submit a statement of responsibility, under article 12 of REPSAE (the citizen which subscribes the statement of responsibility referred the previous number must have means of subsistence/financial capacity), a requirement non-applicable to Short Stay Visa for Seasonal Labour, with an employment contract always, may be waived. As stated in article 56, n.º 4 of REPSAE: “If the accommodation is provided against payment by the employer or user of the labour or activity, a rent proportionate to the remuneration and accommodation conditions, which cannot be automatically subtracted from the remuneration of the seasonal worker, nor higher to 20% of the later, may be demanded.”.
- Except when exceptional circumstances occur, duly analyzed, applications for the extension of stay are not decided when submitted within a 30 day period after the date of expiry of the authorized 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 198 of REPSAE (Non authorized professional activity); Article 199 of REPSAE (No presentation of a travel document).
ARTICLE 71-A OF THE REPSAE
ORDER NUMBER 1563/2007, OF 11/12