Portugal D2 visa – the rules

This note accompanies my note on how to apply for the D2 visa for Portugal. This page explains the relevant rules and law that governs this visa.

Law No. 28/2019 of March 29

Establishes a presumption of legal entry in the granting of a residence permit for the exercise of professional activity, proceeding to the seventh amendment to Law no. 23/2007, of 4 July, approving the legal regime for entry, stay, exit and removal of foreigners from national territory.

The Assembly of the Republic decrees, under the terms of paragraph c) of article 161 of the Constitution, the following:

Article 1

Object

This law makes the seventh amendment to Law 23/2007, of 4 July, which approves the legal regime entry, stay, departure and removal of foreigners from national territory, establishing  a presumption of legal entry in granting a residence permit for the exercise of professional activity .

Article 2

Amendment to Law no. 23/2007, of 4 July Articles 88 and 89 of Law no. 23/2007, of 4 July, amended by Laws No. 29/2012, of August 9, 56/2015, of June 23, 63/2015, of June 30, 59/2017, of July 31, 102/2017, of August 28, and 26/2018, of July 5, are replaced by the following:

“Article 88

6 – The legal entry provided for in paragraph b) is presumed paragraph 2 whenever the applicant works in national and has its situation regularized before the social security for at least 12 months.

Article 89

5 – The legal entry provided for in paragraph 2 is assumed whenever the applicant has an employment contract provision of services or independent professional activity jjjjjjj national territory and has its situation regularized before social security, in one case and in another for at least 12 months.”

The next provisions cover the two different pathways within this visa category (professional activity vs entrepreneur intending to invest):

Article 60 Law No. 23/2007

Residence visa for the exercise of professional activity independent or for immigrant entrepreneurs:

1 – The visa for obtaining a  residence permit for the exercise of an independent professional activity  may be granted to the State national third who:

a) Have a written contract or proposal for a provision of services in the field of liberal professions; and
b) It is qualified to exercise independent activity, whenever applicable.

2 – Residence visas are granted to  immigrant entrepreneurs wishing to invest in Portugal , provided that:

a) Have carried out investment operations; or
b) Demonstrate that they have available financial resources in Portugal, including those arising from financing obtained from a financial institution in Portugal, and demonstrate, by any means, the intention to proceed to an investment operation in Portuguese territory.

The other provisions are those requiring that you have minimum financial resources to support yourself and your family:

Article 2 Ordinance No. 1563/2007

1. For the purposes of this decree, it is considered “Livelihood” means stable and regular resources that are sufficient for the  essential needs of the foreign citizen and, where applicable, your family, namely for food, accommodation and care health and hygiene, in accordance with the provisions of this ordinance .
2. The criterion for determining the means of subsistence is made by reference to the minimum monthly fee guaranteed under the terms of paragraph 1 of article 266 of the Work, hereinafter referred to as RMMG, paying attention to the respective nature and regularity, net of contributions for social security with the following per capita valuation in each household:

a) First adult 100%;
b) Second or more adults 50%;
c) Children and young people under the age of 18 and older dependent children 30%.

3. For the entry and stay of foreign citizens transit visa holder, short-stay or admitted no visa requirement under conventions international agreements to which Portugal is a party under provisions of article 11 of Law no. 23/2007, of 4 July, it must hold or be in a position to acquire legally, in means of payment, per capita, the equivalent € 75 for each entry, plus € 40 for each entry day of stay.
4. The amounts referred to in the previous number may be released to foreign citizens who prove they have accommodation and food provided during the respective stay or who presents a term of responsibility, to the under article 12 of Law no. 23/2007, of 4 July.
5. Citizens who subscribe to the term of responsibility referred to in the previous paragraph must have means of subsistence determined in accordance with the in paragraph 2.

The other provisions are those relating to what you need to prove to get the D2 visa:

Article 31 Regulatory Decree No. 84/2007

Residence visa for the exercise of professional activity independent or for immigrant entrepreneurs

1 – The application for a residence visa for the exercise of independent professional activity, included in the list of occupations in force to identify taxable persons IRS, is accompanied by:

a) Articles of association or written contract or proposal service provision contract;
b) When applicable, declaration issued by the entity competent to verify the exercise requirements profession that in Portugal is subject to special qualifications.

2 – The application for a residence visa for immigrants entrepreneurs wishing to invest in Portugal or have already done so is accompanied by:

a) Statement that you have carried out or intend to carry out an investment operation in Portugal, indicating the its nature, value and duration; and
b) Proof of investment transactions; or
c) Evidence that you have financial means available in Portugal, including those obtained from a financial institution in Portugal, and the intention to proceed to an investment operation in Portuguese territory, properly described and identified.

3 – The application for a residence visa provided for in above will be assessed taking into account, inter alia, the economic, social, scientific, technological, or investment culture.

Documents Checklist

Check out my full note explaining the D2 visa.

 

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