The Brazilian lawyer André Lima responds every week to a question from DN Brasil readers about immigration. This week, a reader who came without a visa and found a job in Portugal wants to know if he can regularize through work.
Lawyer André Lima responds:
This is a very common situation: the person enters as a tourist, gets a job and believes that the contract will be enough to legalize themselves in Portugal. But today reality has changed, and it is very important to understand this so as not to create false expectations.
Currently, it is not possible to obtain a residence permit with just an employment contract for those who entered Portugal without a residence visa. The old expression of interest, which allowed this type of regularization, no longer exists.
This means that anyone who enters as a tourist and stays in Portugal can no longer regularize just because they are working, even if they have a contract and Social Security discounts. But that doesn’t mean there aren’t legal paths.
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The law on foreigners provides for other forms of regularization for those already in Portugal, depending on each person’s situation. Among the main possibilities, we can highlight:
Residence permit for study
If the person enrolls in a recognized course, they can apply for a residence permit for studies while already in Portugal, as long as they meet the legal requirements.
Family reunification
If the person has a spouse, civil union, children or parents who are legal in Portugal, they can apply for a residence permit through family reunification.
Request for asylum or humanitarian protection
In specific cases, when the person comes from a situation of risk, persecution, war, violence or serious instability in the country of origin, a request for international protection may be made.
Each case must be analyzed individually, because the way you enter Portugal today makes all the difference. The ideal, whenever possible, is to enter with the correct visa.
When this does not happen, it is necessary to look for legal paths that are still permitted by law. The most important thing is not to believe in easy solutions or promises of legalization with just an employment contract, because this is no longer a reality in Portugal.
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