Portugal has invested heavily in developing and diversifying its technology sector. For this purpose, it has created a mechanism that facilitates and encourages the arrival of highly qualified professionals, the TECH VISA Certification.
This mechanism, TECH VISA Certification, allows more and more technological and innovative companies to actively seek highly qualified employees from outside the European Union.
Although TECH VISA Certification is not compulsory, if companies have this certification they are able to issue terms of responsibility. These terms speed up the process of obtaining a visa and residence permit in Portugal for their future employees.
How certification TECH VISA Certification works
Companies wishing to be certified to hire foreign nationals will have to submit an application, which will be assessed and selected on the basis of criteria defined in an ordinance.
Criteria for company certification
Without prejudice to compliance with other applicable legal requirements, company applications under TECH VISA Certification are assessed and selected based on the following criteria:
a) They must be legally constituted;
b) No social security or tax debts;
c) No unpaid wages ;
d) Companies undergoing restructuring should not be considered;
e) Identify in the application the technical areas of qualification preferably sought within the scope of the “Tech Visa” program, in accordance with the National Qualifications Catalogue (Catálogo Nacional de Qualificações);
f) In the case of companies incorporated more than three years ago, have a positive net worth, as evidenced by the latest Simplified Business Information (IES- Informação Empresarial Simplificada) available;
g) Have a permanent establishment in national territory and carry out an activity whose exercise requires specialized technical skills of an exceptional nature, or an appropriate qualification for the respective exercise;
h) They are engaged in the production of goods and services that can be internationalized, namely goods and services produced in sectors exposed to international competition and which can be exchanged internationally, or, in the case of recognized technological interface centers or collaborative laboratories, they have an economic activity of providing services to companies engaged in the production of goods and services that can be internationalized;
i) Have a minimum number of internal employees, compatible with the feasibility of issuing terms of responsibility, in compliance with the defined limits;
j) Identify a company officer responsible for the certification process who is resident in Portugal;
k) Obtain a positive evaluation of the application in the following evaluation criteria:
k.1) Market potential;
k.2) Orientation towards external markets.
Certified Company
The program is aimed at companies operating in the global market, with their head office or permanent establishment in Portugal, who wish to attract qualified and specialized technical staff from third countries and residents outside the European Union to Portugal.
Eligibility requirements for highly qualified workers
1 – When issuing the term of responsibility required to submit an application for a residence visa or residence permit, the certified company must ensure that the highly qualified workers meet the following requirements:
a) Be a citizen of a third country and not permanently resident in the European Union;
b) Their tax and social security obligations are up to date, where applicable;
c) Not have a criminal record;
d) Be at least 18 years old.
2 – Highly qualified workers must also
a) Have a minimum annual salary equivalent to 2.5 times the Social Support Index;
b) Have a command of Portuguese or English appropriate to the duties to be performed.
c) Exercise highly qualified activity demonstrated by fulfilling one of the following requirements:
c.1)Have a minimum qualification level of level V;
c.2)In the case of workers with a level IV qualification, a higher professional technical course, they must demonstrate exceptional specialized technical skills, obtained through at least 5 years of experience;
c.3) Employment contract or promise of employment contract for at least 12 months.
The entity responsible for certification
O IAPMEI, I.P. is the entity responsible for the process of certifying companies and for the evolution of the program.
Duration
Company certification is valid for two years and renewable for equal periods after IAPMEI has verified that the certified companies meet the requirements and criteria demanded by this ordinance.
