Seller Francisco Pereira planned to order the visa to look for work in Portugal in January 2023. After the publication of the rule that requires proof of around R$ 11 thousand for candidates to remain in the country, he had to redo the plan, as well as many Brazilians.
An alternative to proof of value provided for in the regulation is the presentation of a financial representative. Is someone who officially resides in Portugal and sign the term of economic responsibility of the candidate who does not have the required means of subsistence.
already the unprecedented visa for digital nomads aims to attract this type of remote worker to Portugal. However, it will only be valid for those who earn from R$ 14.6 thousand (€ 2.8 thousand).
The two rules for looking for work, plus the initial value of the visa for nomads, in the view of immigration experts consulted by Portugal Giro, elitize the profile of candidates and select labor.
For lawyer Vitor Couto, from J. Amaral, it is a pre-selection that creates obstacles for many Brazilians and a shield for Portugal. In theory, the new modalities could come into effect on October 30.
— It is an obvious attempt by the country to protect itself and already remove the interest of immigrants without the minimum financial condition in advance. As some of those with an interest in this particular type of visa are people who are unemployed, many will find themselves crippled by this requirement. And the possibility (of having a representative) is even more difficult, since many immigrants travel without knowing anyone in the place - said Couto.
Pereira said he was surprised by the publication of visa regulations to look for work. The text requires proof of three Portuguese minimum wages (€ 705/R$ 3.6 thousand) as a means of subsistence during the total period of up to 180 days covered by the visa.
He said he planned the trip in advance and said he had saved money to live in the country, but he did not count on having to present another R$ 11 thousand right away in the visa application.
— It was a blow, because the R$ 11 thousand are not enough to survive in Portugal with the rent price at the heights. It will pass far from that and I put there, at least, twice this value - he said.
In addition to tickets, accommodation and other basic costs, Pereira claims to invest in a language course to improve his curriculum, which increases the expense:
“I don't want to arrive and have to do heavy lifting.
While he does not gather the amount he believes to be necessary, the solution was to postpone the search for a job in Portugal for six months.
— I would go as soon as the visa came out, at the latest in January. But I postponed it a little longer, probably to June or July - said Pereira.
Candidate for a visa to look for work, Felipe Marins from Rio de Janeiro is a laboratory technician in the field of biology. He says he agrees with the financial requirement and with the point of view of lawyer Vitor Couto.
— I think the required amount is actually a sieve to avoid a general stampede. Tickets, accommodation and other expenses in euros will represent a good amount - said Marins.
Federal civil servant, his plan is to apply for the visa and board in 2023. He states that the requirement did not change the schedule:
— This need does not change my plans and I think it is very reasonable that the person proves conditions to remain in the country at least until he finds a job. I'm weighing several scenarios, but I plan to go next year, because it represents leaving something certain to start over.
For Renato Martins, master in law and researcher in the field of immigration, the requirements are limited, but bring more security for the foreigner to enter and reside temporarily in Portugal.
— He will not be susceptible to accepting any job proposal or even joining the illegal work situation to maintain himself while looking for a formal vacancy — said Martins, who recalls other rules of the visa:
— Submit your place of residence, travel insurance or a document issued by Social Security in Brazil, the PB4, which guarantees care in the Portuguese public health system and a valid passport. Persons with a conviction in court will not be accepted.
Master in Private International Law, Thiago Huver recalls that the term of responsibility for those who cannot prove the R$ 11 thousand extends to the legal representative all the costs of stay and possible repatriation. Which should make it even more difficult for candidates looking for work without money or contacts in Portugal.
— It must be signed by a Portuguese citizen or a foreigner authorized to stay regularly in Portugal, provided that he or she assumes responsibility for food and accommodation. And also the replacement of removal costs in case of illegal stay - said Huver.
Fábio Pimentel, from the Pimentel e Aniceto Advogados law firm, admits that the requirements to look for a job include a pre-selection stage in line with European Union rules.
— Select the workforce and the type of professional that Portugal wants. It is in line with the European Union, which is very aware and strict when it comes to illegal immigration. Portugal could never put a visa on the street without presumption of responsibility - said Pimentel.
When commenting on the visa for nomads, Pimentel regrets the imposition of the limit of almost R$ 15 thousand of salary and the choice of the name of the new modality:
— It ends up selecting professionals from certain markets, such as technology. Or more senior professionals from other sectors. Hardly a recent graduate who works in an area outside of technology will have such a salary. Which is counterintuitive, because young graduates could be digital nomads. Not only because of their age, but also because, in most cases, they are not yet married or have children. The choice of name, perhaps, was not the most appropriate.
Despite acknowledging that the value of R$ 11,000 will be missed by many Brazilians who dream of emigrating with a visa to look for work, immigration lawyer Raphael Rocha, from Lisbonlaw, does not believe that the rule will exclude most candidates.
— This value is, to a certain extent, reasonable, considering that the term can reach a total of 180 days. Therefore, I do not believe that this condition can alienate those interested - explained Rocha.
Many candidates, and even lawyers, were in doubt as to whether the new visa exempted citizens from presenting means to the under the Community of Portuguese Speaking Countries (CPLP). Sought to clarify the issue, the Ministry of Foreign Affairs did not respond. But after consulting the decree, the experts were unanimous in understanding that the rules are for everyone, as they pointed out in the article:
“Article 12 A, which defines the rules for means of subsistence, made it clear that applicants for a visa from a State in which the CPLP Agreement is in force are exempt from proof of means of subsistence. (…) as long as it presents a disclaimer (…) signed by a Portuguese citizen or a foreigner with a residence document in Portugal”.