F3lton

Hi Everyone, need a steer please not sure where to look.
Headlines.
- UK resident friend
​​​​​- Living in Portugal too long
- Employers promises for support but doesn't - Worried to go to the embassy's

Help! ​​​​​​

Red Eric

Was this person present in Portugal before 31st Dec 2020?

Is the employer PT based and does the employee have a contract?

F3lton

Hey EricIn Portugal since June 21
Working in a bar , no contact as such. Should he push for a contract?

Listen Very Carefully

So he went to Portugal in June 21 presumably on a UK passport so did he get a Visa to stay more than 90 days or did he just rock up got a stamp in his passport and has stayed beyond the 90 day limit and is making a living by working in a bar with no contract presumably paid in cash ? At first glance he appears to have violated immigration rules probably work rules and his employer could find that he has a problem as well.
I am a bit confused though when you say UK resident-I take it you mean a UK citizen who is resident in PT but who on the face of it does not have the right to work or stay in the country

F3lton

Aaahh yes you are correct excuse me. Citizen. UK passport.
Originally a 2 Week holiday and stayed.
PT = Part Time?
Yes cash.
Yes violation
Has been dangled a carrot a few times by employers to sort out residency but nothing sorted.

Rambling archer

Oh dear - not looking good for your friend. Basically if not in Portugal (PT for short) before 1st JANUARY 2021, I believe application for a visa to become resident in PT has to be made via the PT consulate in the country of residence - so your friend would have to return to UK, having arranged accommodation (rental with a contract would do) and if not of retirement age a contract of work would help!!! to make an application for the visa.

Website for friend to read through to see what path should have been taken is
https://www.gov.uk/guidance/living-in-portugal
and in particular
https://www.gov.uk/guidance/living-i...-and-residency
and go to the SEF - portuguese immigration department - here
https://imigrante.sef.pt/en/solicitar/trabalhar/

Hope this helps ...

Red Eric

OK, so no possibility of protection under the Brexit WA in that case. Just a thought.
That would certainly give him a fighting chance of regularising his situation, under legislation that was passed in 2017, provided he also fulfilled all the other conditions contained therein (See here and here)

As you will see from that, the government here has quite a benign attitude towards people who find themselves in this situation, for the simple reason that the country needs more residents, and particularly those of working age. Still quite an onerous task to get things straightened out but not impossible, assuming the employer will actually play his part (although I imagine there might be a little reluctance there, given the financial implications). However, the intention of the legislation was that at the time it was proposed, there were an estimated 40,000 workers in the country in an irregular situation immigration-wise, and it was deemed highly desirable for them, their employers and the country that their situation was addressed and that they could subsequently get on with a normal life with the same rights as other residents.

Red Eric

That would have been a possibility had he not already breached the 90 / 180 Scengen limit.

Now that he has, he only has the option to regularise the situation from here or to depart and most likely incur sanctions on the way out. At a guess, that would probably be a fine and a ban on returning to anywhere in Schengen for some time, so not a realistic path to returning to work in Portugal in the short term, in my opinion.

Also, that's assuming he could actually get a visa for bar work from outside the country anyway.

Lou71

You have already had some good advice on here but I would add that your friend should try to use a third party to regularise his status rather than try doing it himself and effectively putting himself on offer to the Portuguese authorities. With the best will in the world, your friend may screw up and jeopardise his case whereas a professional will be aware of the pitfalls. This is serious, life changing stuff and you don't want it to go wrong.

I take it your friend has checked his eligibility for an Irish or other EU passport? That would be a real life saver.

How did he get into this situation? Was it because of false promises of a contract from his employer or perhaps the inability to grasp the enormity of having his EU citizenship removed against his will?

Red Eric

Has he made any progress yet?