Renewing Residence in Portugal
Article 91-C, paragraphs 5 and 7 – Renewing a Residence Permit for Researchers in Mobility
Documents Required
The application for the renewing of a residence permit shall be made on-line. It shall be delivered personally, on a standard form signed by the applicant or by his/her legal representative, if the applicant is a minor or legally disabled, and can be submitted in any SEF directorate or regional delegation, which may send it, after proceedings and decision, to the directorate or regional delegation of the applicant’s area of residence. It shall be accompanied by:
- Two recent, identical photographs, in colour with blank background, and easily identifiable (only for appointments at Odivelas, Aveiro or Braga SEF bureau)
- Residence Permit valid, or expired in the previous 6 months
- Passport or any other valid travel document
- 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 SEF to check portuguese criminal record (except for under 16 years old)
Researchers admitted in Investigation Centres officially recognised (list to be defined by the members of the Government responsible for the area of sciences and higher education, see n.sº 2 to 5 of article 91-B of REPSAE) are exempted from submitting the documents supporting the means of subsistence, accommodation and situation within in Social Security, when applicable.
Specific Documents
- Health insurance or evidence in that he/she is covered by the national health system
- Declaration issued by the Research Centre or higher education institution hosting the applicant confirming the keeping of the contract of employment, contract of services, scientific research scholarship or hosting agreement
- Evidence of keeping the holder of the valid residence permit issued by other Member State (copy of the permit)
- Whenever the applicant holds a teaching activity (see nº 3, article 91 of Law 23/2007 – REPSAE), should submit further a declaration of the teaching institution confirming so, as well as the IRS declaration and evidence of the fiscal situation (subject to confirmation by SEF with the renewal request)
Notes
- The application for renewing the residence permit may be submitted by the person concerned between 90 and 30 days previous to the expiry of the title
- Pursuant to article 91-B, n.º 6, of the Aliens Act, the residence permit for researchers is valid for one year, and is renewable (for two-year periods) under article 78, if the conditions under which the permit has been granted are kept. 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 applies, by which in 2021 permits are renewed for three-year periods of time
- In case of renewal, the residence permit for long-term mobility remains valid even if the residence permit issued by the other Member State has expired, see nº 5 of article 91-C of REPSAE
- A third State national holding a “researcher” or “researcher in mobility” residence permit issued by a Member State of the European Union wishing to stay in national territory, and also to teach, for a period of more than 180 days for each 360-day period in each Member State – in short-term mobility exempted from requiring a residence permit – must submit an application for a residence permit for researcher under article 91-B of REPSAE whenever its activity in national territory is further extended
- Residence Permit may be refused on grounds of public policy or national security reasons
- A residence Permit shall be renovated only if its bearer has not been the object of custodial sentence (s) that individually or jointly exceed one year of imprisonment, even if, in case of sentencing for felonious crime set out in this legal framework, for crime of terrorism, for highly violent or highly organized crime, the enforcement of the sentence has been suspended
- The residence permit for any foreign national declared contumacious is not renewable while he/she does not submit evidence in which that declaration has expired
- The residence permit held by a foreign citizen convicted to a custodial sentence shall only be renewed if that same citizen has not been subject to a decree of expulsion
- As the case may be, the residence permit is not renewed under nº 2 of article 95 of REPSAE if:
- The holder is considered a threat to the public order, public security or public health or if the residence permit issued by the other Member State has expired or has been cancelled during the analysis of the application;
- The applicant no longer complies with the conditions provided for the residence permit;
- The applicant holds residence in the national territory for reasons other than those for which the residence has been issued;
- The applicant does not complete the studies successfully;
- The documents submitted have been obtained in a fraudulent manner, falsified or adulterated;
- The hosting entity has been established or works for facilitate the entry of nationals in a third country, or has been sanctioned, under the national legislation, for non-declared work and/or illegal employment; or
- The hosting entity has not regarded the legislation in force in matter of social security, taxes, labour rights or is being or has been dissolved or declared insolvent, under the national legislation, or has no record of any activity whatsoever.
- Residents shall communicate to SEF any changes in their marital status, or in their home address, within 60 days from the date those alterations occur
- A receipt attesting submission of an application for renewal of a residence permit, replaces the Residence Permit, in all its effects, for a period of 60 days, renewable
ARTICLE 91-C, PARAGRAPHS 5 AND 7 OF THE ALIENS ACT, IN CONJUNCTION WITH ARTICLE 63, PARAGRAPHS 1 AND 6 OF THE REGULATORY DECREE N.84/07 OF 05/11, AS AMENDED
ORDER NUMBER 1563/2007, OF 11/12