Immigration update: Portugal | Partial lockdown following new state of emergency from 15th of January

Partial lockdown following new state of emergency from 15th of January

Following the renewal of the State of Emergency decreed by the President of the Republic, which will be in effect between 00:00 on January 15 and 23:59 on January 30, the Council of Ministers approved the decree that regulates the measures to be adopted for all the continental national territory. Considering the evolution of the epidemiological situation in the country, the Government determined a set of extraordinary measures that aim to limit the spread of the pandemic and protect public health, ensuring the supply chains of essential goods and services.

Staying home is mandatory, except for a set of authorised trips, namely:

+ purchase of essential goods and services;
+ performance of professional activities when there is no teleworking;
+ frequency of school/educational establishments;
+ fulfilment of parental responsibility;
+ mandatory confinement is foreseen for people with COVID-19 or under active surveillance;
+ mandatory adoption of the teleworking regime is determined, whenever the functions in question permit, without the need for agreement by the parties (teleworking for essential service workers is not mandatory).

Closure of a wide range of facilities and establishments is determined, including cultural and leisure activities, sports activities and spas; retail and service provision activities are suspended in establishments open to the public, with the exception of authorized establishments; catering establishments and the like are expected to operate exclusively for home delivery or take-away; it is established that public services provide face-to-face service by appointment, with the provision of services through digital media and contact centers being maintained and strengthened; fairs and markets are allowed to operate only for the sale of food products; celebrations and other events are prohibited, with the exception of religious ceremonies; events are allowed within the scope of the electoral campaign and the election of the President of the Republic.

In addition to these measures, the Council of Ministers decided to review the administrative regime in the context of the calamity, contingency and alert situation and aggravates the administrative disorder.

Non-compliance with teleworking is now considered a very serious violation and fines are doubled during the State of Emergency.
Regarding Air Borders rules remain the same from August 2020.

Authorization for air traffic to and from Portugal for:

+ Flights to and from EU countries, Liechtenstein, Norway, Iceland and Switzerland and the United Kingdom;
+ Flights with direct connections to Portugal from Australia, Canada, China, Georgia, Japan, Morocco, New Zealand, Rwanda, South Korea, Thailand, Tunisia and Uruguay;
+ Flights to and from Portugal for all flights and to countries that are not part of the European Union or that are not countries associated with the Schengen Area, exclusively for essential journeys (Visa holders or relatives of Visa Holders);
+ Flights planned to allow the return to Portugal of nationals or foreign citizens holding a residence permit in Portugal; Flights to support the return of national citizens and holders of residence permits in Portugal, as well as humanitarian flights, which have been previously recognized by the government services of foreign affairs and civil aviation authorities;
+ Flights planned to allow foreign citizens who are in Portugal to return to their countries, if they are promoted by the competent authorities of such countries, subject to prior request and agreement, with respect for reciprocity.

Under the terms of the Order, and for the purposes of applying for authorizations for flights from third countries (other than those listed in the Order), are considered essential journeys the following:

+Those carried out to allow the transit, entry or departure from Portugal of nationals of the EU, of states associated with the Schengen Area (Liechtenstein, Norway, Iceland and Switzerland), and members of their families, under the terms of Directive 2004/38 / EC of the Parliament and the Council, and third-country nationals legally resident in an EU Member State;
+Those intended to allow the transit, entry or departure from Portugal, of third-country nationals traveling for professional reasons, for study, for family reunions (all must hold a National Visa), for health or humanitarian reasons, and on a reciprocal basis.

Regarding processing of all national visas, it depends on pandemic situation of each country*, but suspension of the processing of Schengen visas/Short Stay Visas applications remain at least until Jan 30th, except for situations permitted by law.

*NOTE: Local circumstances resulting from the pandemic may prevent certain Consular Posts from being able to immediately resume the regular processing of all national visas.

Passengers of third countries and Portuguese nationals and residents in Portugal must present, at the time of departure, a proof of Covid-19 test (only PCR test are accepted), with a negative result, obtained up to 72 hours prior to departure.

Should you have any questions, please contact the following for assistance:

Luciana Zettel
Immigration Specialist
Santa Fe Relocation
Email: luciana.zettel@santaferelo.com

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