On Wednesday, the 15th, the Council of Ministers of Portugal approved draft law amending the Aliens Act, which defines the rules for the entry and stay of foreigners in Portugal. This measure provides creating visas that allow foreigners to seek work in the country for up to 120 days, which can be extended for another 60 days.

There is also a provision visas for temporary stay or residence for “digital nomads”that is, workers who work remotely for companies in other countries.

The bill provides family reunification of the visa applicant. This means that the children of foreign workers looking for work in Portugal will be able to move with their parents to Portugal. So far, it is necessary that a foreign citizen has already been legalized for the import of a family into the country.

BUT government bill still has to pass through the Assembly of the Republic and, if approved at this stage, it will be sanctioned by the President. However, it is unlikely that the project will not be approved, since it was proposed by the ruling party – the Socialist Party (PS), which has a majority in the Assembly.

Lawyer Tabata Valazak, who works in Brazil and Portugal, explains that while the chances of the project being approved are high, there is no forecast of how long it will take for it to actually be implemented. “There is still a long way to go. The text needs to be widely discussed in the Assembly. And maybe there are suggestions for change. But in the end it has to be approved,” he says.

If approved, the measure will also facilitate the issuance of visas to foreign students who will be pursuing their higher education in Portugal, with the abolition of the opinion of the Foreigners and Border Guards (SEF) – a stage that currently takes about two months or even more to approve student visas in the country. It will only be necessary that the student be enrolled in a Portuguese university.

Another change proposed by the Portuguese government is the abolition of the global contingent of foreigners, a kind of maximum quota of vacancies for foreigners from outside the European Union. “The idea is that there is no longer any control over the number of vacancies for foreigners, since Portugal has a very large supply of jobs,” explains Valazak.

With a view to bringing regulated immigration into the country, Deputy Minister for Parliamentary Affairs Ana Catarina Méndez said after the announcement of the Council of Ministers’ approval of the measures that this is “a big step in developing historic relations with the CPSG countries, guaranteeing the full implementation of the mobility agreement between the member states of the community, signed in Luanda on 17 July 2021.”

Also, according to the minister, the proposal meets the urgent need for labor to revive the Portuguese economy, as well as to combat illegal immigration and human trafficking.

Brazilians should have advantages over foreigners

It is expected that foreign nationals belonging to the Community of Portuguese-Speaking Countries (CPLP), an international organization formed by Portuguese-speaking countries, of which Brazil and Portugal, as well as Angola, Mozambique, Cape Verde, Guinea-Bissau, Bissau, Equatorial Guinea, Portugal, San -Tome and Principe and Timor-Leste.

The idea presented by the Council of Ministers is that, like university students, citizens belonging to CPLP countries should not be dependent on the SEF’s order. The rule also applies to foreigners from CPLP countries who are already in Portugal.

“It will be more maneuverable because the consulate itself will carry out the check, that is, one less step for those from the CPLP, as in the case of the Brazilians,” explains Valazak, who says he believes such a rule will work for any type of visa, not just for work and study. But no such details have been released yet, she explains.

Despite the likely increase in competition for jobs in the Portuguese-speaking country, if the new rules are implemented, Brazilians will also have a language advantage, Valazac estimates. “However, in general, Brazilians are already well received in the Portuguese labor market, either because of their high qualifications or because of the hard work,” he adds.

Lawyer Belisario dos Santos Júnior believes that the decision of the Portuguese government to attract foreign workers is due to the shortage of labor in Portugal. “They have a significant gap in the labor market and they want to fill these places with Portuguese-speaking workers. That is why in recent years there has been an increase in the number of visas and Portuguese citizenship granted to Brazilians who meet the necessary conditions,” the lawyer said.

“This is definitely a great opportunity for those who want to make connections and settle in Portugal,” he adds. Valazak believes that the main goal of the Portuguese government is to organize the migration system, which is currently suffering from many problems and delays that could be solved with these new measures, the lawyer assesses.

Understand the visa process

– What are the changes in visas for foreigners in Portugal?

The main changes announced by the Council of Ministers that will affect Brazilians are:

• Creating a visa for those who want to look for a job in Portugal, who can stay up to 180 days in total looking for a job;
• The possibility of family reunification, i.e. the visa applicant can request the entry of the wife/husband and children from the very beginning;
• Creating a visa for digital nomads, that is, professionals working remotely and paid by foreign companies;
• Simplification of visas for foreign students who will no longer need the opinion of the SEF, only registration at a Portuguese university;
• Simplification of visas for foreigners arriving from CPLP countries who will no longer need an SEF opinion;
• The disappearance of the global expatriate contingent, which sets a maximum quota of vacancies for foreigners arriving from outside the European Union.

Are the new visas already in effect?

No. The proposal has yet to be approved by the National Assembly of Portugal and sanctioned by the president. It is likely that the measures will be approved, since the proposal came from the party that commands the government and has a majority in the Portuguese assembly. However, there is no forecast of actual implementation.

– What are the requirements for obtaining a job search visa?

Lawyer Tabata Walazak explains that it is not yet known how these new visas will be put into effect, i.e. how the request will be made and what criteria will be needed to request them. “We did not have access to the text of the proposal, where we could get more details on how the visa would actually be issued,” he explains. “The project has not been made public, which is quite unusual.”

However, Deputy Minister of Parliamentary Affairs Ana Catarina Méndez’s speech when announcing the likely new rules was in terms of the perceived ease of obtaining a visa for those who wanted to “try life” in a Portuguese-speaking country. , – assesses the lawyer.

– In six months, who will get a job, how long can they stay in the country?

If the new visas are subject to the same rules as the current work visas valid in Portugal, from the moment of employment, the individual converts the visa into a residence permit, giving the right to reside in Portugal for two years. A foreigner who meets the necessary requirements, such as being able to support financially, maintaining a job, and proof of housing, repairs are approved for an additional three years.

After five years of legal residence, one can apply for permanent residence, valid for 10 years, or apply for permanent Portuguese citizenship.

– After the proposal is approved, what should those interested in obtaining a visa do?

Valazac encourages interested parties to obtain information from official sources and contact the Portuguese consulates in Brazil to ask questions.

If there is any difficulty, she suggests hiring lawyers who are experts in the matter. “You need to be careful with illegal lawyers and advisers who are not qualified to work with the issuance of visas, so that the applicant receives the correct guidance in accordance with the law.

Portuguese visas are requested exclusively and exclusively in the foreigner’s country of origin. Valazac explains that currently the person who collects documents and information from visa applicants to send to the Portuguese consulate is VFS, a company that does pre-screening of documents and acts as an intermediary at the consulate. Each Brazilian region has a VSF branch with a physical office. Requests are made mainly by mail, but some departments have already begun to accept documents in person by appointment, the lawyer explains.