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How can I remain in Portugal if my employment based residency permit got canceled in another EU country?

I had a temporary residency permit based on employment in Latvia, but got it canceled last week and the document said I should leave the Republic of Latvia. I have decided to apply for Portugal Expression of Interest but I am wondering if it's a right choice since it does not give me a residency permit immediately. Can I still apply for a visa while remaining in Europe, since I don't have an active residency status? How does that work?


Answers
  • Lamares, Capela & Associados, Sociedade de Advogados
    January 05, 2024

    The answer to this question depends on the grounds on which your residence permit was canceled, so we can only give you a clear answer if we know why your residence permit was canceled and what is the country of your nationality. However, since your residence permit has been canceled, and you have been asked to leave Latvia, if there are no illegal or illicit reasons for the cancellation, but merely formal issues, it is advisable to return to your country and start a job-seeker's visa process or another more appropriate to your situation at the Portuguese embassy or consulate. Not knowing the full scope of your situation, this is the possible answer, but if you are interested, you can ask for a consultation with our company to understand the contours of your situation and understand the best way forward.

  • NEXT/Gali Macedo & Associados
    January 04, 2024

    The expression of interest (manifestação de interesse) is an exception to the general rule foreseen in the law to apply for a residency permit to work or self-employment. Under the general terms of the law, for a foreign citizen to apply for residency permit to work in Portugal, he needs to apply for a residency visa at the Portuguese embassy of his country of origin or residency. However, if a foreign citizen travels and enters Portugal under a tourist visa or residency permit status and finds a job during his visit to the country, he may apply for a residency permit to work or self-employment through the application and deposit of expression of interest (manifestação de interesse) online to AIMA – Immigration Boarders office. From that expression of interest (manifestação de interesse) and until the moment that is accepted by AIMA, the applicant will not be in a complete legal situation/status, but under a “regular” situation/status, because it will be waiting for a decision from the immigration authority. In this case, the applicant will be able to stay and live in Portugal, but not travel to other Schengen countries until the application for a residency permit is approved.