PORTUGAL – EU Directives Took Effect on 1 October 2018

Decree Law no. 9/2018, published on 11 September 2018 and effective 1 October 2018, implemented the latest amendments to the immigration law, which in turn were published on 28 August 2017.

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); and
• (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). It is available to third-country nationals transferred to work in Portugal within the same group of companies as managers, specialists and trainees. The ICT permit 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). In order to qualify, 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).

Mobility Benefits

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.

Action Items

Employers planning to transfer non-EU nationals into the EU from outside the European Union, within the same group of companies, should consult their immigration advisor at McCown & Evans LLP to confirm the latest requirements.