Tech Visa (D3) extended to other high qualified activities
The D3 visa was initially designed for Tech company workers, hence its name, “Tech visa”. The “Tech Visa” Programme seeks a more efficient process of residence visas/permits for highly qualified immigrants recruited by companies active in the area of technology and innovation.
The government has now extended this residence permit for highly qualified workers of all companies, and not only tech-related. As stated in the Ordinance, applicable retroactively since January 2019: “the extension of this programme is now essential to other companies that may be in the same situation (other companies that carry out their activity in Portugal and that hire workers with activities whose exercise requires specialised technical skills, of an exceptional character or a suitable qualification for the respective exercise)”.
The main requirement remains the same: the applicant has to be a highly qualified worker, as further explained below, but the company will have to sign a contract with the worker “with a minimum duration of 12 months”, a minimum annual salary equivalent to 2.5 times the index of social support (IAS) and issue an addendum, in case a highly qualified worker is transferred within the company, authorising his/her placement in the company in Portugal.
The highly qualified worker is defined in the law as being the one whose activity requires specialised technical skills, of an exceptional nature or an adequate qualification for the respective exercise and which, for the purposes of this visa/residence permit, must comply with the following requirements:
- Being a citizen of a third State and not permanently residing in the European Union;
- Having the contributory situation regularised before the tax and social security authorities, when applicable;
- Not having a criminal record;
- Being at least 18 years of age;
- Performing a highly qualified activity demonstrated by fulfilling one of the following requirements:
- Having a minimum level 6 qualification in accordance with ISCED-2011;
- In case of workers with level 5 qualification, higher professional technical course, in accordance with ISCED-2011, they must demonstrate specialised technical skills of an exceptional nature, obtained through a minimum experience of 5 years.
- Having command of Portuguese, English, French or Spanish appropriate to the duties to be performed.
This is good news for the companies that wish to transfer their qualified workers around the globe and also for Portugal, which is creating mechanisms to attract and retain talent, whose productivity contributes to economic growth and employment.
Madalena Viana Pedreira
Lawyer
