The D1 visa, also known as Working Visa Portugal to subordinate professional activity, is a type of visa for those who wish to work in Portugal as an employee of a Portuguese company and is intended for those who already have a job contract or a job offer.
In general, for legally entering in Portugal, any foreign citizens need:
- A valid travel document (passport) with a validity of at least 3 months beyond the planned stay;
- A valid and appropriate entry visa for the purpose of travel or stay;
- Proof of sufficient means of subsistence for the period of stay and for the return trip to the country of origin.
D1 Visa, What is it?
The D1 visa enables its holder, once the legal conditions are met, to apply for a residence permit to work in the Portuguese territory.
This visa must be applied for at an embassy or consulate of the applicant’s habitual residence.
The grant of a D1 visa depends on the existence of job opportunities not filled by Portuguese citizens or national workers of European Union member states, the European Economic Area, or third countries with which the European Community has signed a free movement of persons agreement.
This means that the hiring company must make an advertisement with the Institute of Employment and Professional Training (IEFP) with the job offer’s details.
Only after 30 days, if the offer is not filled by a Portuguese or a foreigner with legal residence, the position may be open to others foreigners.
At this point, it is possible to request from the IEFP a statement that informs the global absence of the job opportunity.
The Institute of Employment and Professional Training (IEFP) maintains an updated information system, accessible to the public through the Internet, of the available job offers and disseminates them to the Portuguese embassies and consular posts.
The embassies and consular posts access the information available on the IEFP website on the Internet, advertise the job offers in their own location and disseminate them, via diplomacy, to the competent services of the third countries.
Citizens of third countries who wish to take up an employment offer must then submit their application to the employer.
The employer will then send the foreign citizen selected the employment contract (or a promise of employment contract) and a statement issued by the Institute of Employment and Professional Training (IEFP) proving that the job offer is covered by the quota and that it has not been filled by a worker with preference.
Exceptionally, if the candidate meets the general conditions for obtaining a residence visa for a subordinate professional activity and already has an employment contract, the visa may be granted regardless of the global quota, provided that it is proven, by means of a statement issued by the IEFP at the request of the employer that the offer has not been filled by workers with preference.
Proof of Means of Subsistence
In addition, you must prove that you have enough financial means to live in Portugal.
The Decree No. 1563/2007, of December 11, sets the means of subsistence that foreign citizens must have for entry and stay in national territory.
Also read Decree No. 760/2009, of July 16, which adopts exceptional measures regarding the establishment of these means of subsistence.
Documents Working Visa in Portugal
To apply for the D1 visa, you must present a series of documents, including your passport, a valid employment contract, a letter from the employer, proof of academic qualifications or appropriate professional experience for the job, and sufficient financial means to live in Portugal:
- Visa application form (filled out in full and signed by the applicant);
- 2 identical photographs 3×4 size, updated and in good condition for identifying the applicant
- Passport, valid for more than three months after the expected date of return
- Copy of passport (biographical data and pages with stamp)
- Proof of regular status if of another nationality other than the country where the visa is applied for (National Register of Foreigners – RNE) valid for 3 months after the expected date of return
- Valid travel insurance that covers necessary expenses for medical reasons, including emergency medical care and possible repatriation in case of death
- Certificate of criminal record issued by the competent authority of the country of nationality of the applicant or the country in which they have resided for more than one year (not applicable to minors under 16 years old), properly apostilled
- Authorization to request the Portuguese criminal record by the Service of Foreigners and Borders (not applicable to minors under 16 years old)
- Employment contract or promise of employment contract
- Declaration issued by the Institute of Employment and Professional Training
Proof of being qualified to practice the profession when it is regulated in Portugal (if applicable)
Work Visa in Portugal is mandatory?
Exceptionally, a residence visa may be waived, provided that, in addition to meeting all the general conditions required to apply for a residence permit, the foreign citizen:
- Has an employment contract or has a labor relationship verified by a union, an association with a seat on the Immigration Advisory Council or by the Authority for Working Conditions;
- Has legally entered the national territory and here legally resides;
- Is registered and has a regularized status with the Social Security.
In this case, to initiate the exceptional procedure for granting a residence permit without a visa, the foreign citizen who meets these requirements must present himself personally to the SEF to obtain the residence permit directly.
According to article 4 of the Labor Code, approved by Law 7/2009, of February 12, the foreign worker authorized to perform a subordinated professional activity in Portugal enjoys the same rights and is subject to the same duties of the worker with Portuguese nationality, which means that his employment relationship is fully subject to all the provisions contained in the Labor Code and respective regulatory decrees, as well as the norms of the applicable collective regulation instruments.
Employments for Immigrants Without Visa
It is also important for you to know what happens to those who employ a foreign citizen who does not have a valid residence permit in Portugal.
The employer who hires a foreign citizen who is not authorized to perform a professional activity is subject to the application of the legally established fines and is responsible for paying the salary credits due for the work actually performed, for noncompliance with labor legislation, for non declaration of income subject to deductions for social security and for the tax administration, and for paying the expenses necessary for the stay and departure of these workers.
The employer, the user under a contract for services or temporary work, the general contractor and the owner of the work are jointly liable, who have not obtained from the other party a statement of compliance with legal obligations regarding any foreign citizens hired.
And what happens in cases of abuse by companies with workers who are irregular in Portugal?
The foreign citizen must report to the competent authorities all situations in which they consider themselves to be victims of exploitation in terms of wages, hours or in a situation of particular social vulnerability.
The situations must be evaluated and weighed to determine if criminal or administrative offenses have been committed, particularly regarding the employment relationship.
If it is concluded positively, these situations must be reported to the Authority for Working Conditions and the foreign citizen victim of exploitation must cooperate in the investigation.
If the not regular worker in the country reports the situation, cooperates with the Authority for Working Conditions and it is proven that there are serious labor offenses, the foreign citizen may apply for a residence authorization without a visa and legalize in this way.
Subordinate Work Visa
When researching a subordinate work visa in Portugal, we always recommend that you seek out immigration specialist companies that can assist you with the bureaucratic procedures.
These companies will analyze your case and recommend the most appropriate type of visa, as well as verify that your documents are in accordance with the requirements of the Portuguese authorities.
After submitting the documents, an interview is scheduled at the consulate for the visa to be stamped to your passport.
Subsequently, it is necessary to provide the documents required by the SEF interview for obtaining your residence permit card and possible reunifications for your relatives.
Hiring a specialized company guarantees quality assistance from the start of the process, including checking the necessary documents, assembling the visa application process and finalizing the procedure with the respective residence permit card in Portugal.
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