1. Immigration Regulations
The Portuguese government enacted Law No. 244/98 in 1998, which applies to issues related to the entry, residence, and expulsion of foreign nationals. Law No. 244/98 has been amended four times in 1999, 2000, January 2001, and May 2001.
Definition of foreign nationals: Chapter 2 of Law No. 244/98 states that all individuals who do not possess Portuguese nationality are considered foreign nationals.
Definition of domestic residents: Chapter 3 of Law No. 244/98 states that foreigners holding valid residence documents in Portugal are considered domestic residents.
Entry visa: Chapter 13 of Law No. 244/98 stipulates that all foreign nationals entering Portuguese territory must possess a valid entry visa as prescribed by this law or the relevant authorities of Schengen Agreement countries, and must present this visa to border control officers upon entry. Foreign nationals may enter Portugal without a visa under the following two conditions:
1. The foreign national holds a valid residence permit or has legal authorization for stay or extension of stay;
2. The foreign national qualifies for benefits under international agreements signed by Portugal.
If the individual applying for entry is listed as a refused entry subject in the Schengen Information System or the Portuguese Foreigners and Borders Service Information System, or if false information was used during the visa application process, the visa may be revoked.
The Portuguese Foreigners and Borders Service at each border post is responsible for checking the visas of individuals applying for entry and, if necessary, revoking non-compliant visas and notifying the relevant issuing authorities.
Regulations regarding work visas: Chapter 36 of Law No. 244/98 states that a Portuguese work visa allows its holder to enter Portuguese territory and engage in professional activities for a specified period. The Portuguese government, after consulting employers and trade unions, prepares an annual report based on recommendations from the Portuguese Employment and Vocational Training Institute, forecasting employment opportunities and sectors with available job openings. All foreign nationals holding work visas may work in the professions identified in this report. Holders of work visas may enter and exit multiple times, with a maximum stay of up to one year.
According to Chapter 37 of Law No. 244/98, work visas include the following categories:
1. Type I work visa, which allows the holder to engage in professional activities in the sports industry;
2. Type II work visa, which allows the holder to engage in professional activities in the performing arts;
3. Type III work visa, which allows the holder to provide services without restrictions on the field of activity;
4. Type IV work visa, which allows the holder to engage in restricted professional activities.
2. On May 12, 1998, the Portuguese government enacted Law No. 244/98 to regulate issues related to foreign nationals engaging in professional activities in Portugal.
Law No. 244/98
The Portuguese Parliament, based on Article 161(c), Articles 165(b), (c), (d), Article 166(3), and Article 112(5) of the Constitution, enacts the following law:
Chapter 1
Subject
1. Foreign citizens working in Portugal are subject to this law.
2. Foreign nationals holding public office in Portugal are subject to the relevant provisions of the Constitution and applicable special laws.
3. This law applies to the actions of citizens of Portugal, all member states of the European Economic Area, and countries that grant foreign nationals treatment equivalent to that of their own citizens in terms of free practice, except for Chapters 3 and 4.
Chapter 2
Equal Rights
All foreign citizens residing or legally residing in Portugal enjoy working conditions fully equivalent to those of Portuguese citizens when engaging in professional activities in Portugal.
Chapter 3
Working Conditions
1. Employment contracts signed by foreign citizens with employers conducting business activities in Portugal must be in written form, signed by both parties, and include the following elements:
a. Identification of both parties, the economic activity of the employer, and the foreign national's residence permit or work residence document;
b. Work location; if there is no fixed or primary work location, it must specify that the worker will work at different locations and provide the employer's headquarters or registered office;
c. Job level and job functions;
d. Salary amount and payment method, frequency;
e. Normal working hours per day and per week;
f. Date of contract signing and effective date.
2. Fixed-term labor contracts must also include provisions in accordance with Law No. 64-A/89 of February 27, 1989, which comply with the provisions regarding the termination of individual labor contracts, signing, and termination of fixed-term labor contracts as stated in Chapter 3 of Law No. 38/96 of August 31, 1996.
3. Labor contracts must be made in triplicate and accompanied by proof of the foreign citizen's legal entry, residence, or residency.
Chapter 4
Labor Contract Filing
1. Employers must submit the labor contract to the relevant authority or branch of the Portuguese Labor Conditions Development and Supervision Agency for filing before the foreign citizen begins work.
2. The Portuguese Labor Conditions Development and Supervision Agency will file one copy of the labor contract and return the other two copies to the employer after registration and annotation of the filing number, one of which must be kept by the employee.
3. If no response is received from the Portuguese Labor Conditions Development and Supervision Agency regarding acceptance or rejection of the filing application within 30 days of submission, the application will be deemed accepted by default.
4. When the labor contract is terminated, the employer must notify the relevant authority or branch of the Portuguese Labor Conditions Development and Supervision Agency in writing within 15 days.
Chapter 5
Declaration of Labor Contract Signing and Termination
1. Employers must declare to the relevant authority or branch of the Portuguese Labor Conditions Development and Supervision Agency before the foreign citizen begins work when signing labor contracts with citizens from countries that grant foreign nationals treatment equivalent to that of their own citizens, including the nationality of the employee, job level, job functions, and contract effective date.
2. Employers must notify the relevant authority or branch of the Portuguese Labor Conditions Development and Supervision Agency within 15 days before terminating the labor contract.
3. The declaration of labor contract termination is for statistical purposes only.
4. The provisions of this chapter do not apply to labor contracts signed with citizens of member states of the European Economic Area.
Chapter 6
Personnel List
Employers must indicate the article numbers of this law that apply to the employment of foreign nationals in the personnel list submitted to the Portuguese Labor Conditions Development and Supervision Agency in accordance with Law No. 332/93 of September 25, 1993.
Chapter 7
Penalties
1. Violations of the following laws:
a. Article 1 of Chapters 3 and 4, fines of 500-2500 euros per worker;
b. The last part of Article 2 of Chapter 4, Article 4 of Chapter 4, Article 1 of Chapter 5, and Chapter 6, fines of 150-750 euros per worker.
2. Those who violate Article 1 of Chapters 3 and 4 may, depending on the severity of the case, in addition to fines, be deprived of the following rights for 6 months to 1 year from the date of the final ruling:
a. The right to participate in auctions or public tenders for contracting, providing public services, or issuing licenses or permits;
b. The right to receive subsidies or grants from public institutions or units and to obtain funding from EU funds;
3. The "Republic Journal" will publish the list of companies penalized under the provisions of Article 2 of Chapter 7 on the last working day of each quarter;
a. In cases where no appeal is made against the penalty ruling by the administrative authority, the Portuguese Labor Supervision Agency is responsible for compiling and publishing the list;
b. In cases where an appeal is made against the penalty ruling by the administrative authority and the court upholds or modifies the original ruling, the Portuguese Judicial Services Agency is responsible for compiling and publishing the list.
Chapter 8
Implementation of Supervision and Penalties
1. The supervision of the implementation of this law and the specific implementation of penalties is the responsibility of the Portuguese Labor Conditions Development and Supervision Agency, applicable to Law No. 491/85 of November 26, 1985, as amended by Law No. 255/89 of August 10, 1989.
2. In the Madeira and Azores regions of Portugal, the above functions are carried out by the relevant local government agencies.
Chapter 9
Stateless Persons
The system established by this law applies to stateless persons working in Portugal.
Chapter 10
Repeal of Provisions
Law No. 97/77 of March 17, 1977, and Law No. 491/85 of November 26, 1985, are repealed.
Chapter 11
Validity
This law comes into effect 30 days after its publication.
Passed on March 26, 1998
President of the Republic, António de Almeida Santos
Promulgated on April 28, 1998
President of the Republic, Jorge Sampaio
Signed on April 30, 1998
Prime Minister, António Manuel de Oliveira Guterres
For specific regulations, please refer to the latest policies.
