Article 124-E – “Mobile ICT – Permit for long-term mobility’’ Residence permit for mobility of workers transferred within the company, holder of an Intracorporate Transfer residence permit granted by other Member State of the European Union and whose stay exceeds 90 days within a 180 days period

Documents Required

Residence permit for workers hosted by entity/company established in the national territory, according to the national legislation, for which the worker – holder of an Intracorporate Permit residence permit issued by other Member State of the European Union – is transferred as per long-term transfer within the company – subparagraph ii) of n.º 1 of article 3 of Law n.º 23/2007, and 123 B, for the management, specialist or training professional activity (see subparagraph hh of the mentioned n.º 1 of article 3).

Application for residence card is scheduled (via an electronic platform) submitted personally on a standard form signed by the applicant or his/her legal representative. 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, with the validity covering the duration of the transfer
• 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 people under 16 years old)

Specific Documents

• Evidence of registration in Tax Authority and Social Security, when applicable
• AR – Intracorporate Transfer issued by other Member State
• Health insurance or evidence of registration in the National Health Service
• Evidence in which the hosting company and the company established in the third state belong to the same company or group of companies
• Evidence of having worked in that company or group of companies immediately before the transfer, by a minimum period of three to twelve consecutive months, as manager or specialist, or of three to six consecutive months as a trainee
• Holder of a contract of employment with the company or group, specifying the condition of management, specialist or trainee
• Document issued by the employer with identification of the hosting company, remuneration and further working conditions during the transfer time
• Evidence of being holder of manager or specialist qualifications and professional experience or of a higher education diploma in case of trainees
• In case of a duly regulated profession, evidence of complying with the conditions legally provided in the national legislation for its activity
• Evidence of having requested an Health Insurance, whenever not covered by the National Health Service
• Guarantee by the hosting company in which complies with the national legislation in matter of working conditions and remuneration;

Under nº. 3 of article 124 B, and by decree order of the members of the government of the interior and economy, when the applicant is hosted by certified companies or groups he/she is exempted from submitting the following documents:

• Evidence in which he/she has worked in the company or group, in a date immediately before the transfer by a minimum period of three to twelve consecutive months, as manager or specialist, or of three to six consecutive months as a trainee
• Holder of a contract of employment with the company or group, specifying the condition of management, specialist or trainee
• Evidence of being holder of the qualifications and professional experience of manager and specialist or of a higher education diploma in case of trainees; Evidence of having requested an Health Insurance, whenever not covered by the National Health Service
• Guarantee by the hosting company in which complies with the national legislation in matter of working conditions and remuneration

 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.
• In case the stay of the applicant holder of a Intracorporate Transfer Resident Permit of other Member State is until 90 days within a period of 180 days – short term mobility, is exempted from the request of a residence permit, as well as the members of his/her family based on the residence permit issued by that Member State.
• Deadlines for submitting the issuance of a residence permit request: 30 days after the entry in national territory, or until 20 days before finishing the short term mobility.
• As long as the applicant has entered into national territory legally, he/she does not need a residence visa.
• Pursuant to article 124-B, n.º 7, of the Aliens Act, the residence permit for long-term mobility of workers is valid for one year or for the corresponding duration of the transfer to the national territory, and may be renewed for equal periods of time, up to three years, in the case of managers and specialists, or one year, in the case of trainees, as long as the conditions under which the permit has been granted are kept. Because this is a special legal provision, 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.
• In the case of requests submitted by the company, under number 1 of article 124D of REPSAE, the request should be accepted and the applicant notified for attendance for capturing of biometric data purposes;
• Deadline decisions: 90 days for issuance; 30 days for renewal. The abovementioned deadlines are deducted to half (45 days and 15 days, respectively) in case of certified companies.
• The hosting company shall inform SEF of any changes affecting the conditions in which the residence permit for mobility has been issued, in a fifteen days period.
• The holder of the “Intracorporate/Mobile Transfer” residence permit has the right to family reunification, under article 98 of REPSAE.
• 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 124-E OF THE REPSAE

ORDER NUMBER 1563/2007, OF 11/12

 Scheduling appointment by telephone