The decision to establish residence in a country other than your nationality inevitably implies the consideration of the immigration process and all the procedures and requirements associated with it, namely, the corresponding visa application.
The rules on granting and processing the visa application are set by the countries themselves, taking into account any existing protocols, conventions or international agreements within the scope of economic and political structures in which they are integrated, as is the case of Portugal as a member of the European Union.
The legal regime for entry, stay, exit and removal from national territory, commonly known as the Portuguese immigration law, determines that “for entry or exit from Portuguese territory, foreign citizens must be in possession of a travel document recognized as valid.” and also that it must be ‘suitable for the purpose of the itineration’.
However, as for most rules there is an exception, the Portuguese immigration law did not fail to anticipate the possibility that the decision to establish residence may take place with the foreign citizen already in Portugal through a request for a residence permit directly in National territory.
The most common hypothesis is the one applied to the existence of a concrete job offer, with the presentation of an employment contract or promise of employment contract with an employer in Portugal, but the immigration law provides for other situations in which the authorization of residency can be applied for visa waiver. Namely:
- Residence permit for the exercise of subordinate professional activity;
- Residence permit for the exercise of independent professional activity or entrepreneurial immigrants;
- Residence permit for the exercise of highly qualified, cultural or teaching activities;
- Residence permit for students, higher education students and interns;
- Residence permit for researchers;
- Residence permit for family reunification.
In addition to the general requirements, such as possession of means of subsistence, accommodation, absence of conviction for a crime that in Portugal is punishable with a longer deprivation of freedom, the applicant must also consider the other specific requirements for each of the hypotheses in question.
It should be noted that, from the analysis of the above mentioned list, it is clear that it is impossible to apply for a residence permit directly in Portugal for foreign citizens with proven income, referring to the D7 visa. For these applicants, the visa application in the country of origin should always be considered so that the corresponding requirements are confirmed and validated.
In conclusion, it is important to remember that the standard rule must always be complied with, that is, the foreign citizen must always travel and enter Portugal with a valid and appropriate visa for the purpose of the trip, being possible, however, by legal determination, to change your immigration status directly in national territory by requesting an authorization that allows you to establish your centre of life in the country.
