RIGHTS AND DUTIES OF A RESIDENCE PERMIT HOLDER

RIGHTS AND DUTIES OF A RESIDENCE PERMIT HOLDER

Without prejudice to any special provisions, a residence permit holder is implicitly entitled to:

  • Family reunification
  • Education and study
  • Undertaking remunerated employment
  • Pursuing activities as a self-employed Professional
  • Professional guidance, training, improvement and redeveloping
  • Health care
  • Access to the law and justice

The legal provisions securing equal treatment to foreign citizens, specifically in connection to social security, fiscal benefits, participation in unions, recognition of diplomas, certificates and other Professional qualifications, as well as the right of access to goods and services available to the public and the application of provisions granting them special rights, are secured

DUTY TO COMMUNICATE
  • Residents have a duty to inform SEF, within 60 days of the occurrence, any alteration to their civil status or place of residence
  • The holder of a temporary Residence Permit who intends to be absent from Portugal, during the validity period, for a timeframe exceeding six consecutive months or eight unsequential months has a duty to inform SEF before leaving national territory
  • The holder of a permanent Residence Permit who intends to be absent from Portugal, for a period exceeding twenty four consecutive months or, in a timeframe of three years, be absent thirty unsequential months, has a duty to inform SEF before leaving national territory
  • The holder of any other Long Term Residence Title, may not be absent from European Union territory for a period equal to or exceeding 12 consecutive months, or from national territory for a period equal to or exceeding six consecutive years, failing which the loss of such title may ensue.
  • Students of higher education institution holders of a residence permit may have a remunerated or independent professional activity provided they inform SEF accordingly, by submitting the contract or declaration of employment of the beginning of the activity within the tax authority, as well as a supporting evidence of registration on social security.
DUTY OF REGULAR ENTRY AND LEGAL PERMANENCE
  • It is mandatory for all foreigners who enter into national territory to hold an appropriate visa, and to apply for the renewal of such visa in case their wish to extend their stay. Residence Permits must also be renewed at the end of their term.
  • Holders of temporary residence permit must also apply for its renewal thirty days before the end of its validity date.
DUTY TO RESPECT PUBLIC ORDER, PUBLIC SECURITY AND PUBLIC HEALTH

Foreigners must abstain from engaging in activities that lead to convictions that, separately or cumulatively, exceed one year imprisonment, independently from the suspension of sentences delivered on grounds of deliberate crime as contained in the provisions of this Law, or on grounds of terrorism, violent crime or organized crime.

  • Foreigners must not enter the territory during the period of the entry ban following a removal measure
  • Foreigners must abstain from engaging in activities that lead to the insertion of alerts in the Schengen Information System (SIS)
  • Foreigners must abstain from engaging in activities that lead to the insertion of alerts in SEF’s Integrated Information System for the purposes of refusing entry, pursuant to the provisions of Article 33 of the Legal framework on the entry, permanence, exist and removal of foreigners from Portuguese territory (REPSAE – Regime de Entrada, Permanência, Saída e Afastamento de Estrangeiros do Território Português)

NOTES

  • Failure to comply with the duties of communication and regular entry and legal permanence will result in administrative offenses in accordance to the Aliens Act
  • This list of rights and duties is merely informative and does not replace full reading of Act 23/2007 of 4 July, as amended by Act 29/2012 of 9 August, no. 56/2015 of 23 June, no. 63/2015 of 30 June, no. 59/2017 of 31 July, and no. 102/2017 of 28 August, and associated regulation.