Article 122, paragraph 1, sub-paragraph m) – Victims of penal or administrative offense connected to their employment relationship implying lack of social protection, salary exploitation or excessively long working hours

Documents Required

The application 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.

• 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
• 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 minors under the age of 16)
• Copy of complaint lodged
• Declaration issued by the Authority for Working Conditions [Autorização para as Condições do Trabalho], or by a Judicial Authority confirming that the applicant cooperated with the investigation, and that there is evidence of the offenses committed
• Declaration issued by the Authority for Working Conditions [Autorização para as Condições do Trabalho], confirming the existence of lack of social protection, salary exploitation or excessive working hours

 Notes

• Residence Permit with visa waiver is only granted to applicants who have 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 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 offenses connected with lack of social protection, salary exploitation or excessively long working hours, resulting in particularly abusive work conditions or that employ minors in illegal situation, fall under this provision.
• With 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 –, the temporary residence permit is valid for two years [and not just one] from the date of issue of the corresponding title and renewable for successive periods of three years [and not just two].

 Fees

Standard Forms

Legal Framework

ARTICLE 122, PARAGRAPH 1, SUBPARAGRAPH M) OF THE REPSAE, IN CONJUNCTION WITH ARTICLE 61, PARAGRAPHS 1 AND 15 OF THE RD 84/2007 AS AMENDED

ORDER NUMBER 1563/2007, OF 11/12

 Scheduling appointment by telephone