Country Update 2022: PORTUGAL

Contributed by: Raquel Cuba Martins (SRS Advogados & Associados, RL)

June 2022

1. Legislative Changes

• Amendments to the Tech Visa legislation

• Amendments to the citizenship regulations

• Temporary protection regime for people displaced from Ukraine, due to the war in the country

2. Business Immigration

Tech visa

The Government extended the Tech Visa program to intra-company transfers.

Certified companies may now issue Terms of Responsibility (a document which facilitates the visa application procedure) for intra-company transfers in order to simplify the visa or residence permit application process for third country nationals to be transferred to Portugal.

As of 25th May 2022, there are 352 companies with a valid certification, the majority of which are in the field of computer science (programming and consultancy).

The number of Terms of Responsibility issued is of 4,331 and the top 5 citizenships are Brazil (3,374), India (364), Tunisia (87), Morocco (48) and United States of America (48).

Golden Visa

Since 8th October 2012 and up to 30th April 2022, 10,636 residence permits for investment purposes were granted - along with 17,614 family members - totalling foreign investment of € 6,284,311,472.72.

Top 5 nationalities remain the same China (5,092), Brazil (1,084) Turkey (501), South Africa (449) and Russia (431).

The three most chosen investment activities also remain the same, (i) Purchase of real estate; (ii) Transfer of capital to a Portuguese bank account and (iii) Transfer of capital to be used for the acquisition of units in Portuguese investment or venture capital funds, which must invest 60% of their capital in Portuguese companies.

3. Temporary protection

Portugal has been granting temporary protection to Ukrainian citizens, citizens of other nationalities living in Ukraine and their family members who cannot return to their country due to the war. This includes citizens who were in Portugal when the conflict started, and citizens displaced thereafter.

As of 30th May 2022, Portugal has granted temporary protection to 39,346 citizens, including 24,481 women and 13,865 men.

Temporary protection implies a simplified registration procedure with the Portuguese Immigration Office. Subsequently, tax, social security and health numbers are issued, which allows citizens to work and have access to medical care in Portugal.

4. Citizenship

Following the amendments to the citizenship law in 2018 and 2020, the citizenship regulations was also subject to amendments.

The new citizenship regulations, which entered into force on 15th April 2022, reflects the amendments to the citizenship law and most importantly introduced several changes aimed at streamlining and simplify citizenship procedures.

This includes the possibility of citizenship applications to become a fully electronic procedure, the communication by electronic means and the possibility of online access to the contents of citizenship procedures.

Another major change, which will only enter into force on 1st September 2022, relates to the citizenship application procedures for descendants of Sephardic Jews. To file an application as descendants of Sephardic Jews applicants will have to demonstrate an effective and lasting connection to Portugal by means of:

• Proof of ownership, transmitted mortis causa, of real estate located in Portugal, or of rights or shares in commercial companies or cooperatives with headquarters in Portugal, or

• Regular travel to Portugal.