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PORTUGAL – New Immigration Law Introduces EU Intra-Corporate Transfer Permit

Law no. 102/2017 of 28 August 2017 transposes into Portuguese law European Union (EU) Directive 2014/66 “on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer” by introducing a new residence permit category for intra-corporate transfer (ICT).

This new law also adopts into Portuguese law Directive 2014/36/EU on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers, as well as Directive 2016/801/EU on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing.

The new law will fully enter into force once implementation procedures have been published, which must be done by 28 November 2017.

ICT Residence Permit

  • 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.
  • A holder of intra-company transfer residence 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 intra-company transfer residence 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 intra-company transfer residence permit issued in another EU member state can apply for a residence permit for long-term mobility.
  • Further details of qualifying criteria and benefits will be available closer to the implementation date in late November 2017.

Background

Directive 2014/66/EU of 15 May 2014 “on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer” aims to create a consistent EU-wide system for non-EU nationals sent on assignment within a group of companies to EU Member States.

Please see our previous alerts on the transposition of the EU ICT Directive in Lithuania, Croatia, Germany, Czech Republic, Slovakia, Italy, Netherlands, Bulgaria and Spain.

Action Items

  • Employers intending to transfer third-country nationals to Portugal from outside the EU within the same group of companies should consult an immigration expert to confirm the latest requirements.

This news alert was prepared using information provided by Eres Relocation Services.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.