António and João are owners of a technology company based in Portugal. With the increase in demands from their clients, they are looking for qualified professionals specialized in the areas they dedicate themselves to and wish to use the hiring of foreign workers. In fact, they want to know how they can use the “Tech Visa” Program to easily hire Workers who are outside the European Union, and what procedure should be adopted.
The “Tech Visa” is a certification program for technological and innovative companies for the purpose of granting visas or residence permits to highly qualified third-country nationals who wish to develop their activity there. In other words, this Program seeks to make the granting of residence visas and the granting of respective residence permits for highly qualified immigrants faster and more efficient, as long as they are Foreigners to the European Union, recruited by Portuguese companies that develop activities in the area of technology and innovation. , or even highly qualified workers transferred within certified companies (article 90 of Law no. 23/2007, of 4 July).
The “Tech Visa” Program is regulated by Ordinance No. 328/2018, of December 19, in its current wording, with updates from Ordinance No. 59-A/2022, of January 28.
In this sense, there are several requirements that are subject to evaluation through the applications presented by Companies that intend to join the “Tech Visa” Program, and they must be duly verified so that, in this way, it is possible to obtain the appropriate certification, in accordance with Article 3 of the Ordinance No. 328/2018, of December 19, such as:
Be legally constituted;
Have headquarters or permanent establishment in Portuguese territory;
Have a positive net position evidenced in the latest Simplified Business Information available, if it is a company that was incorporated more than 3 (three) years ago;
Have no debts to social security or tax administration;
Do not have late wages;
Not be considered a company undergoing restructuring;
Have global market potential;
Produce internationalizable goods or services;
Be oriented towards external markets; and still,
Have identified the desired technical areas of qualification.
However, there are still Eligibility requirements for Highly Qualified Workers, provided for in article 5 of Ordinance No. 328/2018, of December 19, that is, there are requirements relating to the Worker that must be duly fulfilled so that he or she can join Certified Companies :
You must be a national of a third country and not permanently reside in the European Union;
Have your tax obligations up to date with the tax administration and Social Security;
Have your criminal record clean;
Be at least 18 years old;
Have adequate language skills for the functions you will perform, preferably in Portuguese, English, French and/or Spanish;
Have a Bachelor’s degree (level 6) or a professional technical course (level 5) and 5 years of experience in specialized technical functions;
Have a duly formalized employment contract or promise of an employment contract with a minimum duration of 12 months;
Hiring must be based on a monthly minimum wage of 2.5 times the social support index.
Pursuant to article 4 of Ordinance No. 328/2018, of December 19, the limit on the number of workers that can be recruited by the Company certified by the “Tech Visa” Program must be based on the total number of workers in the remuneration statement extract. of Social Security (ERSS), and must be determined taking into account the following moments:
“The calculation for the initial application is based on the most recent ERSS prior to the application date;
During the validity of the certification, the limit may be updated by updating the number of workers contained in the ERSS;
The renewal calculation is based on the most recent ERSS prior to the date of the renewal request.”
To this end, the Company that wishes to join the “Tech Visa” Program must register and carry out the respective Application on the official “Tech Visa” platform, with the Institute for Support to Small and Medium-sized Companies and Innovation, IAPMEI, being the entity responsible for applications and execution of the “Tech Visa” program, also involving various entities such as the Foreigners and Borders Service (SEF) and the General Directorate of Consular Affairs, in relation to the processes of granting residence visas to professionals hired by certified companies.
The application presented by the Company will be evaluated and selected taking into account the criteria defined by Ordinance No. 59-A/2022, of January 28, and must be presented during the period indicated in the Opening Notices that are being published electronically on the IAPMEI website
. IAPMEI has a maximum period of 20 (twenty) days to make a decision in relation to the application presented (article 7, §6 of Ordinance no. 328/2018, of December 19).
If the decision is in favor of certification of the candidate company, it will appear on the list of certified companies, which is available for consultation on the IAPMEI website.
Subsequently, certified Companies can issue Electronic Terms of Responsibility, valid for 6 months, using their own forms available on the IAPMEI online website. The Workers and/or personnel to be hired will add the Terms of Responsibility issued by the Certified Company to the documentation to be presented at the Consular Services or the Foreigners and Borders Service, to simplify and speed up obtaining the visa or Residence Permit.
The Certification of Companies participating in the “Tech Visa” Program is valid for 5 (five) years, renewable for equal periods, after verification by IAPMEI of all requirements and criteria required by Ordinance No. 328/2018, of December 19, under the terms of its article 8, item 1.
Source Legal Block – FA Accounting Partner