Self-employed worker in Portugal

Temporary stay visa

You must apply for a temporary stay visa at the embassy or consulate in the country of origin or residence.

General documentation:

• na official form;
• a passport or other travel document, valid for an additional 3 months following the duration of the intended stay;
• two identical passport photographs, up-to-date and in good condition, allowing proper identification;
• transport document(s) (return ticket);
• a document certifying the third-country national is in a regular situation when the applicant is from a different nationality than that of the country where the visa is being requested;
• a valid travel insurance covering necessary medical expenses, including emergency assistance and repatriation;
• a form authorising access to Portuguese criminal record by the Immigration and Border Services (SEF);
• criminal record from the country of origin or country of residence for over one year (minors under 16 years of age are exempt from producing any criminal record related document);
• proof of means of subsistence, as stipulated by law. Proof of subsistence means can be made through a statement of responsibility, signed by a Portuguese national or by a third-country national legally resident in Portugal.

Specific documentation:

• a work contract or service agreement in the framework of an independent and temporary work activity;
• when applicable, a statement issued by the competent institution verifying compliance with necessary professional requisites, when the referred profession is subject to special qualification in Portugal.

The temporary visa is valid for the period of the professional activities, limited to one year.

If the stay in Portugal with this visa exceeds one year you can apply for a residence permit.

If the initial stay exceeds one year you must not apply for a temporary visa stay, but for a residence visa.

Residence visa for exercising a professional activity as a self-employed worker

For long-term activities, you must obtain a residence visa at the embassy or consulate in your country of origin or residence. A residence visa does not automatically grant a right of residence but allows you to enter Portugal for the purpose of applying for a residence permit, if the requirements are met.

The visa request will be evaluated taking into account the economic, social, scientific, technological and/or cultural importance of the investment.

If you are already in Portugal you may be exempted from the obligation to hold a valid residence visa.

You must hold a partnership agreement or a contract for services or a written proposal for such a contract and must hold a declaration from the relevant authority that certifies compliance with any special criteria required for practice of that activity (where applicable).

If you want to make an investment in Portugal you must make a declaration that you have conducted or intend to conduct investment activities in Portugal specifying the nature, value and duration of those activities. You must prove that you have conducted investment activities in the past or that you have the necessary financial means, including the necessary funds obtained from a Portuguese financial institution. You must also sufficiently identify and describe those activities.

You must prove sufficient means of subsistence, travel insurance and a return ticket.

Temporary residence permit

A temporary residence permit is an official document issued by the SEF which allows you to live in Portugal for a specific period of time. You must submit the application to the SEF.

You must:

• have sufficient means of subsistence;
• have formed a company according to Portuguese law or have formally declared to the finances authorities and the social security office that you are working as a self-employed person or that you have a contract for services to carry out a professional activity;
• be registered with the social security office;
• present, when required, a declaration from the relevant professional association confirming that you satisfy the necessary requirements for affiliation.

There must be no fact in existence that would have prevented the grant of the visa, if it had been known by the authorities before the visa was issued.

Granting of the residence permit to non-EU citizens for the purpose of conducting investment activities

The granting takes place on the basis of compliance with certain requirements according to Order no. 1661-A/2013, January 28 (Article 90-A of Act no. 23/2007 of July 4, as amended by Act no. 29/2012 of August 9, Act n.º 56/2015, June 23, Act n.º 63/2015, June 30, Act n.º 59/2017, July 31, Act n.º 102/2017 August 28, Act 26/2018 July 5, Act n.º 28/2019, March 29).

This Order sets out the requirements for applying the specific legal mechanism of granting and renewing residence permit, with exemption of a residence visa, for the purpose of performing investment activities in National Territory (ARI), specifically with regards minimum quantitative requirements, minimum periods of permanence, and means of evidence.

Also entitled to apply for ARI, are all the non-EU citizens who hold share capital of a company with head office in Portugal, or in another Member-State of the European Union with firm establishment in Portugal.

According to Article no. 3 of this Order, for the purposes of obtaining ARI, the minimum quantitative requirements imply, at least, one of the following investments in national territories:

• Capital transfer with a value equal to or above € 1 million (First Request – Renewal);
• The creation of, at least, 10 job positions (First request – Renewal);
• The purchase of real estate property with value equal to or above € 500 000 (First request);
• Acquisition of real estate, the construction of which has been built for at least 30 years, or located in an area of urban rehabilitation and rehabilitation of real estate acquired, in a total of 350,000 € or more (First request – Renewal);
• Transfer of capital of 350,000 euros or more, which is applied in research activities carried out by public or private scientific research institutions, integrated in the national scientific and technological system (First request – Renewal);
• Transfer of capital in the amount of 250,000 euros or more, to be  applied to investment or to support for artistic production, recovery or maintenance of the national cultural heritage, through direct central and peripheral administration services, public institutes, public foundations, private foundations with public utility status, inter municipal bodies, entities which are part of the local business sector, municipal associative entities and public cultural associations, that continue their attributions in the area of artistic production, recovery or maintenance of the national cultural heritage (First request – Renewal);
• Transfer of capital in the amount of 350,000 euros or more, for the acquisition of units of investment funds or venture capital funds for the capitalization of companies set up under Portuguese law, whose maturity at the time of the investment, is at least 5 years and at least 60% of the value of the investments is made in NT-based commercial companies (First request – awaits regulation);
• Transfer of capital amounting to € 350,000 or more, for the creation of a TN-based trading company, combined with the creation of 5 permanent jobs, or for the reinforcement of the share capital of a commercial company with headquarters in TN, already constituted, with the creation or maintenance of jobs, common minimum of 5 permanent, and for a minimum period of 3 years (First request – awaits regulation).

The applicant should also:

• fulfil the general requirements for the authorisation and residence (article no. 77 of the Aliens Act) except ownership visa for residence purposes;
• be the bearer of valid Schengen visas; and
• have his/her stay in Portugal regularised within 90 days from the date of the first entry into national territory.

The residence permit will be refused if you have been the subject of an order to leave and you are applying while the prohibition period is still running or if you are listed in the Schengen Information System or in the SEF's Integrated Information System. It may also be refused for reasons related to public order, public safety or public health.

The residence visa is cancelled if the application for a residence permit is refused.

More on working in Portugal

More on residence visas

More on temporary stay visas

More on types of investments

More on printed

Two types of permanent status can be obtained in Portugal - a national permanent residence permit or an EC long-term residence permit:

Permanent residence permit

The national permanent residence status can be obtained at the SEF of your area of residence after at least five years of legal temporary residence, if during this period you have not been convicted of a prison sentence exceeding one year.

You must prove that you have basic knowledge of Portuguese, sufficient means of subsistence and accommodation.

The national permanent residence permit must be renewed every five years. The status is valid for an unlimited period of time.

Long-term residence permit

The EC long-term residence status can be granted by the SEF after five years of continuous and legal residence.

In order to obtain this status you must prove that you have:

• sufficient and stable financial resources to support yourself and your family members, without recourse to the social assistance system;
• adequate accommodation;
• health insurance coverage; and
• fluent knowledge of Portuguese.

The long-term resident status gives the same rights as Portuguese nationals in terms of:

• access to professional work;
• access to the employment and work conditions established by law;
• access to education and vocational training;
• recognition of diplomas, certificates and qualifications;
• access to social security, social welfare and social protection services;
• tax exemptions or reductions;
• access to health care;
• free access to all Portuguese territory.

The EC long-term residence permit is valid for five years and is automatically renewed upon application.

An application may be refused on grounds of public order, public security and the risk that may result from that person remaining on the Portuguese territory.

All decisions may be appealed before the administrative courts.

More on long-term residence

As a self-employed worker, you may work as an employee provided that:

• you have an employment contract or an employment relationship certified by a labour union or by an association recognised by the Advisory Council for Immigration Affairs (COCAI).
• you have registered with the social security office as an employee and have complied with all your obligations.