Residence Permit Application Without a Residence Visa: Is it Possible?
Introduction
As a general rule, foreign nationals who wish to live in Portugal must obtain the appropriate residence visa before travelling to the country. Once in Portugal, they may then apply for the corresponding residence permit.
Although these terms are sometimes confused, a residence visa and a residence permit serve different purposes. The residence visa is generally obtained before travelling to Portugal and allows its holder to enter the country for the purpose of applying for residence. It is normally valid for two entries and allows the holder to remain in Portugal for four months.
The residence permit, on the other hand, is the document that grants the right to reside in Portugal. It is applied for after arrival and is issued on the basis of the purpose for which the residence visa was granted.
However, Portuguese law provides for certain exceptions to this general procedure. Depending on their individual circumstances, some foreign nationals who are already in Portugal may apply for a residence permit without first obtaining a residence visa.
Different Pathways
1. Residence Permits under Article 122
Article 122 of the Portuguese Immigration Law establishes a number of specific circumstances in which third-country nationals may apply for a temporary residence permit without first obtaining a residence visa.
This provision does not create a general route for regularising the immigration status of any foreign national already living in Portugal. To qualify, the applicant must fall within one of the situations expressly established by law and satisfy the particular requirements applicable to that situation.
Article 122 covers several circumstances involving individuals who have developed particularly strong personal or family ties to Portugal. These include certain children born in Portugal, minors born in the country who have remained here and attend school, and individuals who were born or have lived in Portugal since childhood.
Family circumstances may also provide a legal basis for an application. For example, this route may be available to a parent of a minor child who resides in Portugal or holds Portuguese nationality, provided that the parent effectively exercises parental responsibilities and contributes to the child’s maintenance and education. It may also apply to certain minors under legal guardianship and to children and young people placed in institutional care within the framework of child protection proceedings.
The law also recognises specific humanitarian circumstances. These may include foreign nationals suffering from an illness that requires prolonged medical treatment and prevents their return to their country of origin without creating a risk to their health. In this situation, the residence permit may, under certain conditions, be extended to the person accompanying or informally caring for the applicant.
Other humanitarian grounds include certain victims of serious or very serious employment-related offences who report the relevant conduct and cooperate with the competent authorities, as well as individuals who have ceased to benefit from international protection because the circumstances that originally justified that protection no longer exist.
Article 122 further covers a number of situations connected with an applicant’s previous immigration status or long-standing relationship with Portugal. These may include certain former holders of Portuguese residence rights, former Portuguese nationals who have remained in the country for the period required by law, and individuals who have completed effective military service in the Portuguese Armed Forces.
These examples do not represent the complete list of situations covered by Article 122. Each legal basis has its own eligibility requirements and may involve different evidence concerning matters such as family relationships, parental responsibilities, education, medical circumstances, previous residence status or professional activity.
An individual assessment is therefore essential to determine whether Article 122 applies and which documents must be submitted in support of the application.
2. Residence Permits for Study Purposes
In certain circumstances, foreign nationals who entered and remain legally in Portugal may apply for a residence permit for study purposes without having previously obtained a residence visa.
This possibility may apply to students enrolled in higher or secondary education, as well as individuals attending certain vocational education or training courses.
Applicants must meet the specific requirements applicable to their course of study, including enrolment in an eligible institution, health coverage and any other required documentation.
3. Highly qualified professionals and researchers
Portuguese law also provides specific residence options for individuals carrying out highly qualified, academic, teaching or research activities.
In certain situations expressly provided for by law, an application may be submitted from within Portugal without the applicant returning to the country of origin to obtain a residence visa.
Applicants must demonstrate that they have the necessary qualifications and an eligible professional or research activity in Portugal, as well as meet the requirements applicable to the relevant residence category.
4. Changing to another residence category
Foreign nationals who already hold a residence permit in Portugal may, in certain situations, change to a different residence category without leaving the country.
This may apply, for example, to students or researchers who have completed their studies or research and wish to work, look for employment or establish a business in Portugal.
Is being legally present in Portugal enough?
No. Legal entry or legal stay in Portugal does not automatically allow a foreign national to apply for a residence permit without a visa.
The applicant must fall within one of the situations expressly provided for by law and meet all the requirements of the relevant residence category.
For this reason, the applicant’s immigration history, current legal status and personal or professional circumstances should be carefully reviewed before the application is submitted.
Conclusion
Although a residence visa remains the general requirement, Portuguese law provides alternative routes for certain foreign nationals who are already in Portugal.
As these routes are exceptional and subject to specific conditions, each case should be assessed individually to determine whether an application may be submitted from within Portugal and which documents will be required.
At Reis Pinto Law, we assist clients in assessing their individual circumstances, identifying the most appropriate legal route and preparing the documentation required for their residence permit application. If you are already in Portugal and would like to understand which options may be available to you, our team is available to provide tailored legal advice and guide you throughout the process.
This Informative Note is intended for general distribution to clients and the information contained herein is provided as a general and abstract overview. The contents of this Informative Note may not be reproduced, in whole or in part, without the express consent of the author. If you should require further information on this topic, please contact us at info@reispintolaw.com.
