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Португалия.
MINISTRY OF FOREIGN AFFAIRS
AND INTERNAL AFFAIRS
Cabinet of Ministers of State and Business
Foreign and Internal Affairs
Order no. º 11820-A/2012
The Law n. º 29/2012 of 9 August, amends the Law n. º 23/2007 of
July 4, approving the legal entry, stay, departure
and expulsion of foreigners from the country.
Article 90. º of Law n. No. 23/2007, of July 4, as amended
by Law n. º 29/2012, of August 9, provides for the granting of an authorization
residence of third-country nationals for the purposes
the exercise of an activity investment, once verified the
fulfillment of certain requirements.
The n. 3 of Article 90. º-A states that the conditions for the application of
special procedure laid down in this standard are defined by order of
members of the Government responsible for Foreign Affairs
and internal administration.
In this context, this order is intended to define the conditions for
application of the special residence permit for activity
investment in the country.
Thus, under paragraph. 3 of Article 90. º of Law
no. No. 23/2007, of July 4, as amended by Law n. º 29/2012,
August 9, Minister of State for Foreign Affairs and
Minister of Home Affairs, determine:
Article 1. º
Object
This order regulates the conditions for the application of
special regime for granting and renewal of residence permit
with residence visa waiver for investment activity in
territory (ARI), particularly the quantitative requirements
and temporal minimum, the minimum periods of stay and means
evidence.
Article 2. º
Subjective scope of application
1 - This order applies to all nationals of
Applicants for third States engaged in an IRA activities
investment envisaged in paragraph d) of Article 3., Law no. No. 23/2007,
July 4, as amended by Law n. º 29/2012 of 9 August.
2 - They may still require ARI pursuant to the preceding paragraph,
nationals of third countries holders of capital stock of
a company established in Portugal, or in another member state
European Union, and establishment in Portugal.
Article 3. º
Minimum quantitative requirements for
the investment activity
1 - For the IRA, are considered minimum quantitative requirements
checking at least one of the following situations where
nationwide:
a) The transfer of capital in the amount of not less than 1 million
euros;
b) The creation of at least 30 jobs, or
c) The acquisition of property with a value equal to or greater than 500 000
euros.
2 - In the case provided for in point a) above, it is considered
filled the requirement if the applicant provides evidence of having made
investment in the minimum amount required, except for investment
in shares of companies not listed on a stock exchange.
3 - In the case of subparagraph b) of paragraph. 1, it is considered completed
the requirement if the applicant provides evidence of having created 30 posts
work and proceeded to enroll workers in social security.
4 - In case of subparagraph c) above. 1, it is considered completed
the requirement if the applicant provides evidence of having full ownership
real estate and free of any liens or encumbrances.
5 - When a minimum quantitative requirements is done
through society, it is attributable to the applicant for ARI
only the proportion of the investment corresponding to its participation
in the capital.
6 - The minimum quantitative requirements required by this Article shall
be filled at the time of submission of the application
residence.
Article 4. º
Temporal requirement of minimum investment activity
The temporal requirement of at least five years for the maintenance of
investment activities is counted from the date of grant of
residence permit.
Article 5. º
Minimum periods of stay
1 - For the purpose of renewal of residence permit, citizens
Applicants under Article 2. º must demonstrate having completed
the following minimum periods of stay in the country:
a) 30 days in 1. grade;
b) 60 days in the next and subsequent periods of two years.
2 - If the periods provided in the preceding
are not met, the request may be refused renewal
residence permit.
3 - The provisions of subparagraph b) of paragraph. Paragraph 1 shall not preclude the possibility
ARI applicant's request to grant a residence permit
Portuguese nationality or permanent.
Article 6. º
Means of proof for granting residence permits
1 - To test the requirement laid down in paragraph a) of n. 1 of Article 3. Thereof,
the applicant must submit:
a) Declaration of a financial institution authorized to exercise
its activity in the country stating that it is the only or first
holder of capital, or
b) A certificate of business registration date attesting to arrest
social participation in society.
2 - To test the requirement in subparagraph b) of paragraph. 1 of Article 3. Thereof,
the applicant must submit updated certificate of social security.
3 - To test the requirement in paragraph c) of no. 1 of article 3. Thereof,
the applicant shall submit the updated certificate of conservatory
Land Register.
4 - Proof of contributory situation regularized effected by means
presentation by the applicant of the negative statement of current debt
issued by the Tax Authority and Customs and security
social.
5 - Proof of residence in the country is effected by means
the presentation of a valid passport.
6 - The application for a residence permit must be accompanied by
statement, under oath, by which the applicant certifies that
meet the requirements of minimum quantitative and temporal activity
investment in the country.
7 - The evidence and the statement referred to in the preceding
are presented at the time of application for authorization
residence, to be held in person at the Office for Foreigners
Borders and the area of residence of the applicant.
8 - The decision to grant a residence permit is the responsibility
national director of the Aliens and Borders.
9 - The Aliens and Frontiers may at any time
require proof of the quantitative requirements and minimum time.
Article 7. º
Evidence for renewal of residence permit
1 - To test the requirement laid down in paragraph a) of n. 1 of Article 3. Thereof,
the applicant must submit:
a) Declaration of a financial institution authorized to exercise
its activity in the country attesting to the existence of a balance
annual average less than 1 million euros, or
b) Certificate updated business registration stating detention
social participation in society.
2 - To test the requirement in subparagraph b) of paragraph. 1 of Article 3. Thereof,
the applicant must submit updated certificate of social security
confirm the maintenance of 30 jobs initially created.
3 - To test the requirement in paragraph c) of no. 1 of article 3. Thereof,
the applicant shall submit the updated certificate of conservatory
with land registry records, endorsements and registrations in force
demonstrating that it has full ownership of property, free of charge
or charges.
4 - Proof of contributory situation regularized effected by means
presentation by the applicant of negative statement updated
debt issued by the Tax Authority and Customs and security
social.
5 - Proof of residence in the country is effected by means
the presentation of a valid passport.
6 - The application for renewal of residence permits should be
accompanied by a statement under oath, in which the
applicant certifies that it will comply with the requirements and quantitative temporal
minimum investment activity in the country.
7 - The evidence and the statement referred to in the preceding
are presented at the time of application for renewal of authorization
residence, to be held in person at the Office for Foreigners
Borders and the area of residence of the applicant.
8 - The decision to renew the residence permit is the responsibility
national director of the Aliens and Borders.
9 - The Aliens and Frontiers may at any time
require proof of the quantitative requirements and minimum time.
Article 8. º
Monitoring Group
1 - For purposes of applying the provisions of this
order is created a monitoring group consisting of the director
General for Consular Affairs and Portuguese Communities, by
National Director of the Aliens and Borders and President
Agency for Investment and Foreign Trade of Portugal, which
shall be convened by any of its members.
2 - The steering group meets once
per month, any member may call special meetings.
3 - The members listed in n. 1 may designate representatives
to replace them in case of absence or impediment.
Article 9. º
Transitional provision
For the purposes of Article 3. Thereof, are relevant
investment activities that occurred after the start of production
purposes of this order.
Article 10. º
Entry into force
This order takes effect from the 8th of October 2012.
September 3, 2012. - The Minister of State Affairs
Foreign Affairs, Paulo Portas Sacadura Cabral. - The Minister of
Internal Miguel Bento Martins Costa Macedo e Silva.
206363071
