PORTUGAL – EU Directives Will Take Effect 1 October 2018
Decree Law no. 9/2018, published on 11 September 2018 and effective 1 October 2018, implements the latest amendments to the immigration law, which in turn were published on 28 August 2017.
As we reported here, the 2017 amendments to the immigration law transposed several European Union directives into Portuguese law:
(EU) 2014/66 (intra-corporate transfer); (EU) 2014/36 (seasonal workers); (EU) 2016/801 (students and researchers).
ICT Residence Permit
The new decree introduces several procedures to implement these directives, including a new residence permit category for intra-corporate transfer (ICT).
The new ICT residence permit is available to third-country nationals transferred to work in Portugal within the same group of companies as managers, specialists and trainees.
It is issued for up to one year initially, and is renewable for one year at a time up to a maximum total of three years for managers and specialists (total maximum of one year for trainees).
The principal applicant must have worked for their sending company continuously for at least three to twelve consecutive months (three to six consecutive months for trainees).
A holder of an ICT permit issued in Portugal will be able to work in another EU member state for a company of the same group, for stays of up to 90 days in a 180-day period, without a separate permit, although the host country may require a notification. For stays of more than 90 days, a “mobile ICT permit” for that country may be required.
A holder of an EU ICT permit issued in another EU member state can work at a company of the same group in Portugal for up to 90 days without obtaining a separate permit. For assignments of more than 90 days in Portugal, a holder of an EU ICT permit issued in another EU member state can apply for a residence permit for long-term mobility.
Employers planning to transfer non-EU nationals into the EU from outside the EU, within the same group of companies, should consult an immigration expert to confirm the latest requirements.