Tuesday, 30 July 2024

What has changed in the legislation on the documentation of foreign employees in Portugal

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Decree-Law 41-A/2024 of 28 June was published, extending the validity period of documents and visas. To this extent, documents and visas relating to residence in Portugal, including CPLP residence permits, whose validity have expired from the date of entry into force of the decree-law or within the immediately preceding 15 days, are accepted, under the same terms, until 30 June 2025. These documents will continue to be accepted, under the same terms, after 30 June 2025, provided that the holder proves that they have already made an appointment to renew them. The decree-law came into force on 29 June 2024. 

Also with regard to hiring employees from countries outside the European Union, Decree-Law no. 37-A/2024 of 3 June was published, revoking the residence permit procedures based on Manifestação de Interesse (a procedure that allowed foreign citizens who have entered Portugal legally and have a proven employment relationship to present their interest in residing in Portugal, i.e. it was a mechanism that simplified obtaining a residence permit in Portugal since the procedures only began after having an employment contract in Portugal). 

Therefore, from that date onwards, foreigners intending to obtain a residence permit to carry out a subordinate or independent professional activity in Portugal will have to start the procedures at the Portuguese consulates in their country of origin / country of legal residence, and it will no longer be possible to start such applications from Portugal.

Companies intending to hire employees with residence permit applications based on Manifestação de Interesse should take this legislative change into account before starting the hiring procedure. The decree-law came into force on 4 June 2024.

 

Ana Paula BernardoAna Paula Bernardo   

Labor Law department | (Portugal)

 

Belzuz Abogados SLP

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