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How will a termination of contract affect our D3 visa application to relocate to Portugal?

My husband was working for a Portuguese company and they did the whole process to relocate him, but just a few weeks to our move date, they let him go. His visa has not arrived yet. He lost the job 3 days ago, but the visa has been in processing for over 2 months now. If the visa arrives, are we still able to move to Portugal or use the visa to find another job? Will the visa be denied automatically because of the termination of the contract?


Answers
  • December 26, 2022

    Yes, but at the time of the renewal you will need to present a valid work contract, otherwise it will not be renewed due to not fulfilling one of the requirements. The lack of the employment contract can jeopardize the application. If the visa is issued, you can use it to enter Portugal but at the appointment diligence you must present a new labor contract to be granted with the residence permit.

  • NEXT/Gali Macedo & Associados
    December 19, 2022

    As your husband’s visa was requested at a time when his employment contract was still in force, there is no jeopardy of it being, at this point, denied. As such, your husband will be able to come to Portugal using the visa that is to be issued. However, once in Portugal, and in order to be able to apply for a residency permit, your husband will have to find a new employer, as the employment contract is a criterion that must be legally fulfilled for that end.

  • Lamares, Capela & Associados, Sociedade de Advogados
    December 15, 2022

    There is no official communication between the employer and the Consulate, so it is very unlikely that the Consulate denies the issuance of the visa based on the contract's cancellation. In fact, even if the visa arrives in the meantime and your husband is able to come to Portugal, here your husband will always have to present an employment contract in Portugal that meets the D3 visa requirements, so he will need to find another job with another company before the appointment with SEF.