I just learned about the Portuguese expression of interest (manifestação de interesse) system for those who want to stay and work there. If I have a Dutch student visa and want to move to Portugal and apply for an expression of interest, what exactly would be my legal status in Portugal? Would I even have the legal right to stay in Portugal? Also, the Netherlands will withdraw my residence permit once I stop my studies and the withdrawal letter is often accompanied by a return decision and a threat of an entry ban. So when a residence visa is revoked in the Netherlands, an individual has four weeks to leave the country and the EU. If they don't, then the agency can implement an entry ban on that person. That's why I want to know if an expression of interest constitutes a legal status in Portugal? If the Netherlands implements an entry ban on me, will the Portuguese authorities still grant me a visa?
The expression of interest allows non-European citizens to enter the country legally and be regularized until the conclusion of the legalization process, which happens with the obtaining of the residence permit. Until the residence permit is obtained, travel outside the country must be limited.
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 SEF – Immigration Boarders office. From that expression of interest (manifestação de interesse) and until the moment that is accepted by SEF, 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, he or she will be able to stay and live in Portugal, but not travel to other Schengen countries until his/her application for a residency permit is approved or not.
The Expression of Interest wouldn't be the most recommended path to move forward with your relocation to Portugal, especially if you are in the Netherlands with a valid residence permit. In that case, it would be wise to apply for a residence visa at the Portuguese Consulate in the Netherlands, considering that coming with a valid residence visa would grant you a much easier appointment with SEF and wouldn't leave you in this "limbo" situation with the immigration authorities. As for the queries related to the eventual ban imposed by the Netherlands, it's not clear to us if having a pending residence permit obtainment process in another EU country (Portugal) would be considered enough for them not to apply it or, alternatively, if the Portuguese "Expression of Interest" would be considered enough for the EU authorities to keep you here. That said, again, we'd recommend the residence visa application.
The expression of interest is not a visa and should be avoided. If you are interested in coming to Portugal, you should consider applying for a specific visa according to your situation (for study, job seeker, employment, etc). The expression of interest is used for citizens who have entered legally in Portugal as tourists and have found a job or freelancing activity allowing them to stay, and by this, they may be in conditions to request their legalization. It is a very long process and then you may end up being in grey areas in what regards your residency status and protections. There are more appropriate legal options to plan the move to the country.
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