Zottis, Rezende Advogados

‘Remote workers’ and the digital nomad visa: a new post-Brexit path to residency in Portugal.

Since Brexit, British citizens are required to apply for visas to stay in the Schengen Area for more than 90 days. Specifically, they must apply for a residence visa to live in Portugal or any other European Union country.

Portugal offers various types of residence visas, but the most popular choice among British immigrants in recent times has been the Digital Nomad visa – D8, officially known as a “Residence visa for the exercise of professional activity carried out remotely outside the national territory,” as outlined in Article 61-B of Law 23/2007.

Implemented in August 2022, this visa allows foreigners from all countries to live in Portugal while working remotely, provided they meet specific criteria. The primary requirements are as follows:

1. Demonstrating the ability to work remotely.

2. Providing documentary evidence that your income is derived from employment or the provision of services.

3. Proving an average monthly income equivalent to four times the Portuguese minimum wage over the last three months.

A common mistake in visa applications is confusing passive income (appropriate for a D7 visa) with active income (suitable for a D8 visa). Such confusion can lead to application rejection. Additionally, when proving income earned through your own company, it’s crucial to consider the payment method, as it may determine whether it falls under passive or active income. In such cases, it’s advisable to have your application reviewed in advance by a lawyer experienced in this field to avoid any unpleasant surprises.

For British citizens, visa applications are always submitted in the United Kingdom, specifically to the authorities in Edinburgh, Manchester, or London. It’s essential to note that you cannot apply directly in Portugal.

Once you’ve submitted the required documents, the responsible authority will analyze your application, a process that may take up to 60 days. If your application is approved, you will have 120 days to relocate to Portugal and visit the Immigration and Border Service. In a future post, we will delve into the second step of applying for a residence permit and obtaining the corresponding card.

And, of course, don’t forget to apply for the NHR tax benefits, a status we already explain on our webpage.

This application procedure is applicable to citizens of third countries. We have provided legal assistance for citizens from various countries, including the UK, USA, Israel, China, South Africa, Brazil, Nicaragua, among others. However, always remember that you must apply from your home country or your legal country of residence.

Do you have any questions or need legal assistance? Please contact our team or a lawyer licensed in Portugal.

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