Portugal D2 Business Residence Permit

Overview

This visa enables you to reside in Portugal for the purpose of exercise of “professional activity” or as an “entrepreneur”.

Eligibility

This visa route requires you to show that you have either:

· already set up a company operating in Portuguese territory; or
· hold the necessary financial resources in Portugal (including a loan from a Portuguese bank) to demonstrate that you intend to set up a company in Portuguese territory (Article 60(2) Law No. 23/2007).

There is no exact figure in the legislation for “necessary financial resources”, but it is recommended that you have funds in the order of €5,000.

In addition, you will be required to hold personal maintenance funds to meet the Guaranteed Minimum Monthly Remuneration (GMR). For the purposes of this visa, this is broken down as follows (as updated 1 January 2020):

(a) You must meet 100% GMMR (7,620 euros);
(b) Any further adults must meet 50% GMMR (3,810 euros); and
(c) Dependent children (whether younger older than 18) must meet 30% GMMR (2,286 euros).

You need to provide evidence of these funds being in your account for a period of 12 months and you must maintain this balance throughout the visa period (Article 2(2) Ordinance 1563/2007).

Application Process

STEP 1 – Complete the online application form from country of origin and submit it to the Portuguese consulate through the portal. You will be asked to choose a date for an appointment (typically, there will be a 2-3 month wait).

STEP 2 – Attend the consulate appointment and submit your supporting documents. If all is compliant, you will typically be granted your D2 Visa within 60 days.

STEP 3 – Travel to Portugal and a make an appointment with SEF for a residence permit application.

STEP 4 – Attend your appointment and submit the same documents required for the D2 Visa (some documents may require updating). Within a period of 90 days you should receive your residence visa.

Pathway to Permanent Residence

STAGE 1 – Residence permit is granted for initially for a period of 1 year (you must reside in Portugal for at least 4 months).

STAGE 2 – The residence permit can then be extended for two 2-year periods (you must reside in Portugal for at least 6 months in each 12 month period.

STAGE 3 – Apply for Portuguese citizenship or permanent residence.

N.B. You will also be required to:

· pass a Portuguese language test (level A2); and
· demonstrate links with the national community e.g. through membership of a club or society.

Documents You Will Need

Specific Documents

You will need to provide:

· a statement that you have set up, or intend to set up, a business in Portugal (this statement must indicate the nature, value and duration of the business activity); and
· proof that you have set up a business in Portugal (e.g. company incorporation documents, latest company accounts and corporate bank account statement from a Portuguese bank); or
· proof that you have the financial means available in Portugal to start a business (e.g. a corporate bank statement from a Portuguese Bank and a letter from the bank confirming that funds are being held in that account for that purpose);

AND

· a CV; and
· a business plan (Article 31(2) and (3) Regulatory Decree No. 84/2007).

General Documents

1. Official D2 Visa form;
2. Passport or additional travel document valid for at least 3 months after the duration of the stay;
3. Two up-to-date passport photos;
4. Valid travel insurance, allowing medical coverage, including medical emergencies and repatriation (coverage needs to be valued at no less than €30,000);
5. Proof that you are residing legally in the country from which you are applying;
6. Request for criminal record enquiry by the Immigration and Border Services (SEF) (this will be provided to you by the visa centre);
7. Criminal record certificate from the country you are currently living in and for any country in which you have lived for over year (children under the age of 16 are exempt from producing a criminal record);
8. Proof of means of subsistence (as set out above) (this requires original personal bank statements from the last 6 months);
9. A statement of statement of responsibility, signed by a Portuguese national or by a foreign national legally resident in Portugal, attesting that you will meet the level of subsistence for the visa period;
10. Proof of accommodation (if it is a hotel reservation then it has to be valid for no less than 10 days); and
11. Flight reservation (tickets should be bought after the visa is issued).

Can I bring my family members?

As touched upon above, you are able to bring direct members of your family to Portugal under this visa so long as you meet the requirements for the visa and are able to maintain the in accordance with the GMR (set out above). The members of your family will be entitled to a residence permit.

Visa Fees

For a “Long Stay Visa” the visa fee is 90 euros. For children aged 6-11 there is a reduced fee of 35 euros.

I have a prepared a note containing the actual rules and law governing the D2 visa.