Portugal: Remote Workers and Jobseekers Eligible for New Immigration Statuses, Among Other Changes
September 6, 2022
Country / Territory
Share
At a Glance
- A recent legislative change expands eligibility for key employment-based visas to remote workers employed or self-employed abroad, where these individuals previously had to apply for a visa based on passive income or provision of services.
- The new law also introduces a new jobseeker visa type, where jobseekers previously were not eligible for a tailored immigration status.
- Finally, citizens of Angola, Brazil, East Timor, Guinea-Bissau, Mozambique and São Tomé and Príncipe benefit from streamlined visa issuance under a new visa approval process.
The situation
New legislation in Portugal introduces the following key changes:
| CHANGE | DETAILS | IMPACT |
| Remote workers eligible for employment-based visas |
|
Remote workers are now eligible for a tailored visa where they previously had to apply for a D7 visa based on stable passive income or D2 visa for service providers. |
| New jobseeker visa |
|
This visa offers a tailored jobseeker option with expedited work start, where these individuals could previously only seek short-term entry under a business visa, if eligible; and would need to leave Portugal upon finding employment. |
| Streamlined visa issuance to Portuguese speakers |
|
Eligible citizens benefit from visa processing that is several weeks faster than under the prior process. |
| Broader work authorization |
|
The new rules should allow additional categories of foreign nationals to work in Portugal to address ongoing labor shortages. |
| Other changes |
The new law introduces the following smaller changes:
|
These changes should benefit eligible foreign nationals by providing longer stays without renewal and faster processes in the country. |
Background
- Labor shortages. The legislation seeks to combat ongoing labor market shortages by combining measures to improve foreign nationals’ access to employment and efforts to make Portugal a more attractive destination for foreign talent.
- Continuing trend. Although remote work visas and permits are not being introduced as rapidly as when the trend first started, there are still digital nomad statuses being introduced over the past few months, with more in the pipeline in Europe.
- Remote work visa warning. In countries where remote work is unregulated, workers and employers may unknowingly put themselves at risk of noncompliance with many aspects of the law, exposing them to possible fines or other penalties, depending on the country. Importantly, noncompliance with regulations could result in employers losing their rights to hire foreign labor. Additionally, this type of work arrangement may have employment or tax law impacts. It will become increasingly important as such policies are developed (and in many countries where remote work is unregulated) for employers to analyze strategies and assess risks associated with implementing and/or continuing remote work policies with a trusted immigration partner.
Looking ahead
- Remote workers. Further details on eligibility criteria and document requirements for remote worker applicants require publication of a regulatory decree, which was approved on September 1, 2022 but not yet published. Fragomen will monitor the decree and will publish further details once available.
- Practical implementation. Although the law came into effect August 26, immigration officials are still getting acquainted with the changes and there may be implementation issues during a transitional phase.
- Reorganization and digitalization suspended. Portuguese authorities are also seeking to reorganize immigration authorities and digitalize immigration processing. Both developments are delayed due to the pandemic, and no tentative due date for further steps has been published.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
