Regularization of undocumented

Last update : September 2023

This text in exploring the legal possibilities that exist in the country to obtain a Portuguese residence permit, which is a valid document to live and work in Portugal and allows travel within the Schengen area.

This seems to be a unique situation in European laws regarding the possibility of obtaining a residence permit.

This might be helpful to those who do not want to or are not eligible to enter the asylum system in other European states, those who already have an asylum procedure pending in another country or have not had a positive response.

The most important document to start the procedure is the passport. Without a valid passport it is
impossible to start the regularisation procedure. Below is some information on embassies of other
countries in Portugal where it may be possible to apply for it.


What is the procedure ?

This procedure in Portugal is called Manifestação de Interesse (expression of interest) and is interesting for several reasons, depending on the individual circumstances and objectives, for those who wish to obtain a residence permit for a country which is part of the EU and Schengen.

The procedure gives the possibility from the beginning to open a self-employment activity, a company
or to work legally as an employee.

The procedure gives from the outset access to the Portuguese health system (In this context, the
payment for non-emergency services is expected) and to the welfare.

2.1. What is the Manifestação de Interesse?

Manifestação de Interesse in Portugal is a procedure through which a citizen of a country located outside the European Union can express his or her interest in obtaining a residence permit in the country.

The main legal basis for this procedure is Law No. 23/2007, of 4 July 2007, which defines the legal regime for the entry, stay, exit and expulsion of foreigners from the national territory, in particular Articles 88 and 89. At the end of the handbook, there is a link to the legislative repository website.

2.3. How and where to do it?

The Manifestação de Interesse must be submitted to the competent authority for the governmental immigration authorities. Until November 2023 these services were provided by SEF (Serviço de Estrangeiros e Fronteiras). This is its website https://www.sef.pt
Since the SEF permanently closes, from 2024, immigration services will be managed by the new agency AIMA (Agência para a Integração Migrações e Asilo). its website is https://aima.gov.pt/pt . The Manifestação de Interesse process must be initiated online from Portugal; it is checked that the Internet connection has a Portuguese IP. It is possible that the initiation procedure will be changed in the future.

The online application is free of charge and can be made by the person without intermediaries, upon registration on the site. We strongly recommend that the procedure is carried out through an association
that offers counselling services to migrants, in order to ensure the correct filling in of documents and compliance with regulations. The cost of registering with associations can be a few tens of euros. At the
end of the handbook we indicate some references of associations in Lisbon that we have known personally.

It is also always possible to contact a lawyer working in this field in Portugal, at a higher cost. We advise to evaluate well before resorting to travel agencies and similar organisations.

2.4. Which documents are needed?

To begin the Manifestação de Interesse procedure on the website, personal data must be inserted and some documents confirming the 7 required data must be uploaded. On the website one first needs to fill
in all the required fields and then upload PDF files. Sometimes it is possible to upload the same file in several fields.
The Manifestação de Interesse is based on the intention to work on Portuguese territory. Before starting
to enter data, you have to choose, among 3 possibilities, which work option you intend to start:

  1. I already have an employment contract. IMPORTANT: this would be the best option, but is the least used due to the difficulty of obtaining a work contract before starting the Manifestação de Interesse procedure.
  2. I have a promise of a regular employment contract within the Portuguese territory
  3. I have decided to be self-employed. There are several possibilities in this case: I have declared a self-employment business to the tax and social security authorities, or I have signed a contract for the provision of services as a freelancer, or I have set up a company.
    In most cases, the choice to be made is between option 2 and option 3, i.e. whether you intend to work s an employee or whether you have already started an activity as a self-employed person. Opening a selfemployed work activity in Portugal is not difficult, and it is possible to do so even before submitting the Manifestação de Interesse.

Having decided on this option, one must write:
• One’s personal and passport data.
• Their professional and educational qualifications.
• The data of the company issuing the employment contract or job offer. In case of self employent the
identification number of one’s own business.
• The date of entry into the Schengen area, the date of entry into Portugal, the border post of entry into Portugal. IMPORTANT: Each request is different from the others and requires a specific evaluation. In any case, if the case of presumption of legal entry apply, what is declared in this field will cease to be relevant.
• By confirming these data you declare that they are correct and authorise the immigration office to check your social security, tax and Portuguese criminal records.
Then certain data must be confirmed by uploading the following necessary documents in pdf format to
the website

2.4.1. One’s identity, by means of a copy of one’s passport. IMPORTANT: it is essential to have a valid passport, i.e. one that has not expired. If your passport has expired, you must contact the embassy of your country of origin in Portugal and request its renewal. If your passport has been lost or stolen, you will have to apply to the embassy for a new passport to be issued. Each embassy has a different procedure for issuing passports and may ask for different documents. In some countries’ embassies it is easier and in others less so. It is advisable to contact your embassy first to ask for information.
Every embassy has a different procedure for issuing passports and may require different documents. In some countries’ representations, it might be easier, while in others, it could be more complicated. It’s advisable to contact your embassy first to inquire about the process. Commonly requested documents include:
• The report of the loss or theft of your passport made to the Portuguese police (the report is free of charge and generally only requires you to give your personal details and the day and place of the loss or theft). IMPORTANT: If you lose your passport, it is advisable to find out from one of the associations where it is best to go to report the loss. In any case to go to the police it is advisable to be accompanied by a person residing in Portugal.
• Copy of birth certificate, criminal record of the country of origin or other documents of the country of which one is a citizen, which a family member or friend with power of attorney must obtain in the country of origin.
• Proof of a permanent address in Portugal. Usually a certificate issued by a town hall or district office will be sufficient.
• Proof of an appointment with the immigration authority may also be required, in this case it is essential to contact an association or a lawyer.

2.4.2. Legal entry into Portugal or the application of the case of ‘presumption of legal entry’, by means of a copy of the stamp affixed to the passport by the Portuguese immigration service at the border, the boarding receipt if coming from a Schengen country or other proof of legal entry such as a travel ticket. IMPORTANT: in the absence of a document proving legal entry into Portugal, there is the possibility of applying the case of ‘presumption of legal entry’ (see point 2.5 below)

2.4.3. Means of subsistence, meaning being able to demonstrate the capability of earning at least the Portuguese minimum wage (this amount increases over time, and as of November 2023, it is 760 euros). In the case of dependents, there are percentage reductions for them. The main documents to prove this are, alternatively: an employment contract or a promise of an employment contract guaranteeing a compensation of at least the Portuguese minimum wage, or a declaration of starting a self-employed activity (potentially with attached invoices issued in the first month), or a continuous service provision contract, or a statement from a third party declaring responsibility for the applicant’s maintenance.

2.4.4. The absence of criminal convictions, by means of the criminal record of the country of origin, i.e. the certificate attesting to any sentence that has already become definitive, in order to prove the absence of convictions for crimes that are punishable in Portugal by imprisonment of more than 12 months.

2.4.5. Proof of accommodation, i.e. being able to show that you have accommodation in Portugal, through a rental contract (even for a first period in a tourist accommodation), or a declaration from the owner of the flat where you live, or a declaration at the neighbourhood office (Freguesia) or municipality, or other similar document.

2.4.6. Enrollment and regular compliance with social security contributions (Segurança Social)
IMPORTANT: NOT REQUIRED IN CASE OF A JOB PROMISE, as it can be replaced by the promise of an employment contract. Enrolling in social security involves receiving an identification number (NISS), which is free and can be obtained even while waiting for residency permission. In the case of employment, enrollment is automatically requested when the company reports the presence of a new employee. Therefore, it’s not mandatory for the individual to have a social security number (NISS) before starting the job.

2.4.7. Enrollment in the tax administration, through obtaining the fiscal identification number NIF (Número de Identificação Fiscal). IMPORTANT: The NIF is essential for the procedure; below, we describe this document in detail.

When uploading the documents online, it’s crucial to carefully follow the instructions regarding file type
and size, clearly name files according to their content. You can use the same file to confirm multiple
sections of the application, but it’s not possible to proceed without uploading any file on a required field.

IMPORTANT:

  • ➢ After submitting the application, it’s not possible to modify the provided data or attached documents. You can only delete the application and submit a new one, but this action will result in losing your position in the waiting list. For this reason it’s NOT recommended to delete the application.
  • ➢ Finding the right balance is important. While there’s an immediate need to submit the Manifestação de Interesse to be legally considered present in Portugal (remember, in case of law enforcement control, having the printed Manifestação de Interesse is a permission to stay in the portuguese territory), it’s equally important to accurately upload all required documents properly.
  • ➢ If you have submitted the Manifestação de Interesse with a job promise, it will still be possible to later start your own business. Conversely, if you have chosen to submit the application indicating that you have started your own business, it will be possible to later close your business and start working as an employee.
  • ➢ Since 2020, the government has been extending the expiration dates of documents and visas related to staying in Portuguese territory. As of November 2023, their expiration has been extended to June 30, 2024.

2.5 What to do if you do not have proof of legal entry into Portugal?

For the issuance of the residence permit, the applicant should ideally possess a valid entry visa into the country.
HOWEVER, there’s a provision for “presumption”: after 12 months of work and regular payment of social security contributions (starting from the date of submission of the Manifestação de Interesse), legal entry into the country is presumed and considered unquestionable.

2.6 How to obtain the NIF?

  • o The first document to request in order to start the Manifestação de Interesse is the Portuguese fiscal number (NIF). The NIF is a number associated with an individual that allows managing any relationship with the Portuguese tax authority, such as starting a business, filing the individual income tax return, paying taxes, opening a bank account, etc. Once issued, it is valid forever.
  • o The NIF can be requested by anyone, whether residing or not in Portugal.
  • o In November 2023, the situation regarding the request for the NIF is critical due to the high volume of requests that revenue authority offices are unable to process. Despite the fact that obtaining the NIF is free of charge, this situation has led to the emergence of a paid service for requesting the NIF, both from
    legitimate professionals and from less transparent agencies and organizations, which can subsequently
    create significant issues for the applicant. We advise seeking information from an association before
    resorting to a paid service.
  • o For requesting the NIF by a citizen residing in a non-EU country, the presence of a fiscal representative (representante fiscal) is required. This representative can be any individual, even a non-Portuguese citizen, residing in Portugal and possessing the NIF. The fiscal representative doesn’t have significant responsibilities but becomes the contact point for any communication from the tax administration. It’s recommended, whenever possible, to use a fiscal representative whom you personally know you trust. Someone that you caould contact in case of need.
  • o The procedure for obtaining the NIF through in the office is straightforward: the applicant and their
    fiscal representative go to a tax office of the revenue and Customs Authority (Autoridade Tributária e
    Aduaneira, also known as Finanças) and make the request. The issuance of the NIF is immediate. The
    documents to be presented include a valid passport for both individuals, the NIF attribution document of
    the fiscal representative, and an official document stating the applicant’s address of residence in their
    home country. The latter document is essential because the NIF is issued with the applicant’s address in
    their home country. Once the residency permit is obtained, the NIF will be updated with the new
    Portuguese address, and the role of the fiscal representative will be canceled.
  • o The significant challenge is reaching the tax office’s counter at the Tax and Customs Authority. While
    appointments can be made, the first available slots are often many months away, even in cities outside
    Lisbon. Some offices offer a limited number of walk-in spots each day, allowing people to queue before
    the office opens. Priority lanes are available for individuals with specific needs, such as pregnant
    women, the elderly, disabled individuals, etc.
  • o The procedure to obtain the NIF online is typically handled by an accountant or a lawyer, who officially submits the documents electronically. The wait time with these professional services can be short, ranging from a few days to weeks.

2.7 What happens after the application is submitted?

After submitting the Manifestação de Interesse online, we recommend printing a copy of the document and keeping it with you at all times, along with your passport, as a valid document for legal stay in Portugal.
However, the printed Manifestação de Interesse is not a document that allows exit from Portugal.
Subsequently, the waiting period begins for the email from the immigration office indicating the appointment date for the interview, during which your request will be examinated. IMPORTANT: We advise paying close attention to the email address provided in the Manifestação de Interesse request, ensuring you always have access to the password and occasionally using this email address to prevent it from being closed due to inactivity.

2.8 What is the timeframe for obtaining a residence permit?

Following the pandemic and the suspension of SEF activities, coupled with the surge in submitted
applications, the response times of the immigration authority and the subsequent interview for residency
permits have significantly lengthened. In 2023, the waiting times extend up to 18 - 24 months. The
Portuguese government aims to reduce these waiting times by establishing the new entity AIMA, which will receive increased resources and will be responsible for processing these requests, with the goal of expediting the examination of applications.

3. Requirements of the law and rights of the applicant

Once the Manifestação de Interesse has been successfully completed, the law imposes a series of obligations to be met to subsequently obtain the residence permit.
• Earn at least the minimum monthly wage.
• Not be convicted of crimes in Portugal.
• Not have records of leaving Portugal.
The applicant can request temporary enrollment in the public health system (which involves payment for
non-emergency services), access the Portuguese welfare system, and the social security system.

4. The interview at AIMA

On October 29, 2023, a new government agency tasked also with reviewing residency permit applications
became operational: AIMA, which stands for Agency for Integration, Migration, and Asylum. For the
appointment with AIMA, we will need to bring:

  • Passaport
  • Proof of regular entry or presumption: as mentioned earlier, if social security contributions (either as n employee or self-employed) have been paid for more than 12 months, there’s no need to prove one’s
  • regular entry.
  • Proof of means of subsistence for the entire waiting period is required. We recommend inquiring beforehand about the necessary and advisable documents to bring, such as:
  • The contribution statements downloadable from the Portuguese social security website with attached pay slips.
  • Employment contract.
  • Declaration of business opening and copies of the invoices issued during the period (in the case of self-employment).
  • Statement from a third party declaring responsibility for the applicant’s maintenance.
  • Eventual other declarations and evidences.
  • Proof of accomodation.
  • Criminal record from the country of origin and any other countries where the applicant has resided for more than a year.
  • Proof of correct fiscal and social security status (obtainable from the social security portal and the Tax
    Authority’s portal).
  • Payment of a fee for issuing the residency permit and payment of a fine if entry into the country was
    illegal.

During the interview, an official will review all the submitted documentation. The response is not immediate but will be notified by mail within 90 business days. Subsequently, in the case of a positive response, the residency permit will be sent by mail to the address indicated in the Manifestação de Interesse

5. How does the procedure continue after obtaining the first residence permit?

The first issued residence permit has a limited validity and must be renewed before its expiration through a new interview at the immigration office, which should be scheduled in advance. During the Covid pandemic period, this interview was canceled and replaced with an online request. The second residence permit (renewal of the first permit) also has limited validity, and upon its expiration, another appointment with the immigration office must be scheduled to obtain, as a choice, either the unlimited residence permit or Portuguese citizenship. As of November 2023, the first residence permit is valid for 2 years, and the renewal for 3 years. It’s important to note that Portugal is part of the Schengen Area, allowing those with a residence permit in Portugal to freely move to any other European Union or Schengen Area country for a period of 90 days within every 180-day period. During this period, the law still mandates earning at least the minimum wage, not being convicted of crimes in Portugal, and, at the time of renewal, having an employment contract.

VERY IMPORTANT: Regulations and information can change, so it’s always essential to verify the
most recent procedures and any changes.

Reference links:

SEF https://www.sef.pt
AIMA https://aima.gov.pt/pt
ASSOCIATION Casa do Brasil https://casadobrasildelisboa.pt/
ASSOCIATION Solidariedade Imigrante https://www.facebook.com/solidariedade.imigrante
REVENUE AUTHORITY https://www.portaldasfinancas.gov.pt/at/html/index.html
SOCIAL SECURITY https://www.seg-social.pt/inicio
LEGAL REFERENCES https://sites.google.com/site/leximigratoria/legisp%C3%A9dia-sef