Article 91 – Residence Permit for higher education students

Documents Required

The application for residence title should be scheduled (via an electronic platform – to be implemented for holders of residence visas) and submitted personally on a standard form signed by the applicant or his/her legal representative. The application 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
• Valid residence visa issued under article 62 of REPSAE, except in applications submitted under nº. 4 of article 91.
• 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)

Specific Documents

• Evidence of entry into the national territory and the criminal record of the applicant’s country of nationality or criminal record of the applicant’s country he/she had lived in for over one year, in cases of nº. 4 of article 92 of Law no. 23/2007 – REPSAE (exemption of a residence visa);
• Evidence of registration in a higher education institution
• Evidence of tuition payment required by the higher education institution, if applicable, attesting by a declaration of that teaching institution
• Health insurance or evidence in which is covered by the National Health Service
• Evidence of the means of subsistence and evidence of tuition payment is not required to students of higher education admitted in a higher education institution approved under decree order of the members of the Government of the Interior and High Education, under no. 5 of article 91 of REPSAE.

 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.
• For the issuance of the residence permit with visa exemption under no. 4 of article 91 of REPSAE, the applicants must submit all the documentation mentioned and in addition a document supporting the legal entry into national territory, as well as the Criminal Record of the applicant’s country of nationality or criminal record of the applicant’s residence for over one year (according to no. 4 of article 53 of Regulatory Decree 84/2007).
• Pursuant to article 91, n.º 2, of the Aliens Act, the residence permit for students in higher education is valid for one year, and is renewable, for equal periods of time, if the holder continues to meet the conditions under which the permit has been granted. Under n.º 3 of the same article, if the permit has been granted to students of higher education covered by the European Union or multilateral programs including mobility measures, or by an agreement between two or more higher education institutions, it is valid for two years or for the duration of the study program, if less (and may be of one year in case the conditions for admission or of sufficient resources are not met by the date of granting the permit). Because these are special legal provisions, 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.
• Under nº. 2 of article 97 of REPSAE, students may have a remunerated or independent professional activity provided they inform SEF accompanied by a contract of employment or of a declaration of beginning of the activity within the tax authority as well as a supporting evidence of registration withwithin social security.
• Evidence of the school registration and of tuition payment, health insurance and evidence of the means of subsistence will not be required for higher education students with a scholarship of Instituto Camões (no. 2, article 57 of Regulatory Decree 84/07 of 5/11).
• The following administrative offences apply: Article 192 of the Aliens Act (Illegal Stay); Article 197 of the Aliens Act (No entry declaration); Article 199 of the Aliens Act (No travel document).

 Fees

Standard Forms

Legal Framework

ARTICLE 91 OF THE REPSAE, IN CONJUNCTION WITH ARTICLE 57 OF THE RD 84/2007 AS AMENDED

ORDER NUMBER 1563/2007, OF 11/12

 Scheduling appointment by telephone