I have finally received a Biometrics appointment and require a visa to go to Portugal, what visa should I be applying for?
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I was told to apply for a tourist visa…
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The law rather specifically says Schengen.
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Hi
The Portuguese Embassy in India advised me to apply under Business visa
Regards
Sanjay
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I applied for a Schengen Visa and purpose of the trip was indicated as business, and attached invitation letter from my Lawyers as well as printout of the SEF email with biometric appointment details. I applied along with my wife and my 1 year old daughter, and all three were under this catagory. The visa was granted.
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Hi
Did the same.
Cheers
Sanjay
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I was talking to someone the other day who seemed to know what he was talking about, and he explained to me that using a Schengen visa to apply for residence is a misuse of the Schengen visa, and if that reason is suspected when applying, the visa should be denied. Nevertheless it is what the Portuguese government seems to require. There are some absurdities, however, since a Schengen visa requires a return ticket, and why should you buy one if you intend to reside? In addition, the Schengen visa requires you to submit biometrics when applying, so what then is the point of going to Portugal to submit them again? I had similar problems with my wife. I was convinced that the appropriate visa to apply for was a national, D visa. Research on the web supported my view. However, since the Portuguese authorities said a Schengen visa, I applied for one on her behalf. We had to make a trip to New York (very expensive, and delayed because of Covid) but when she got into the interview the VFS Global rep (it is they who actually do the interviews) changed her application to one for a D visa. Aha! I said to myself. Of course, with the D visa the biometrics are done on arrival in Portugal, and so none were taken. We get back to Nassau, Bahamas, and wait for a month. Then I get an email from the Embassy saying we should have applied for a Schengen visa: we must go back to New York to do the biometrics. Well, of course, I balked at that, and fired off numerous emails protesting. Lo and behold, about another month later, we get an email saying send in your passport for the visa, and after I did, it duly comes back stamped with a National, D6, visa, which is, I believe, appropriate for family reunification. Since I had already secured residence in Portugal, that was appropriate in our case. We made it to Portugal and my wife had her biometric interview here in February. We have been residing here together ever since.
Whatever the Portuguese authorities say, the correct visa really has to be a D visa. For those who wish to take up residence and to whom family reunification doesn’t apply, surely it should be the D7 visa. Of course, however correct this may be, it is useless advice if the Portuguese authorities are insisting on a Schengen visa.
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Yes, article 77(1a) of 23/2007 does specify requiring various forms of D visa as a prereq for residence permits.
However, article 90-A defining GV then turns right around, voids article 77(1a), and specifically requires a Schengen visa:
<<>>
A residence permit for purposes of performing investment activities shall be granted to the third-country citizens who, cumulatively:
a) Meet the general requirements laid down by Article 77, with the exception of paragraph 1 (a);
b) Hold a valid Schengen visa;
<<>>
Yes this is completely contrary to everything else in the act, but it does make a certain amount of sense. D visas are about residency and people moving there. Many GV applicants aren’t planning to move there immediately. So why would you issue a residence visa to someone not moving there right away?
Using a Schengen visa to apply for residence doesn’t seem like an invalid reason. There doesn’t seem to be any specific conjunction against it. Overstaying a Schengen visa and using it as a way to get there to stay is of course a violation but that’s not what we’re talking about here.
In any case, the answer in your case really depends on your specific situation.
What I find interesting is that those of us under visa waiver don’t hold valid Schengen visas. One could argue we violate both 77(1a) and 90-A - we may not need a visa to enter the country, but that doesn’t mean we have one. (It hasn’t been an issue for anyone yet, and I even get the underlying subtext - I’m just pointing at it.)
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Lets say one goes for Schengen visa and doesn’t plan on staying for long, would a business Schengen visa or tourist Schengen visa be more appropriate?
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Wow! Very informative answer. I get the impression that some governments in the EU interpret things one way, and other governments the other way. Clearly the situation needs clarifying.
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Je veux me participer a votre pays quesque je veux faire
Facing the same situation here, family reunification with my mother over 65 (3rd country). Collected all necessary documents mentioned [https://imigrante.sef.pt/solicitar/residir/art98-1/](https://on SEF site) Had an appointment at SEF in !FEBRUARY! 2022 and submitted all the documents for granting of national visa for my mother. Was waiting until August, when SEF sent me a letter stating that they cancel the process because I should have applied for Schengen Visa (against their own description of the process). I sent them the protest e-mail pointing on the very same law ART.º 98º, N.º 1 – REAGRUPAMENTO FAMILIAR, COM FAMILIAR FORA DE TERRITÓRIO NACIONAL. SEF answered the visas are not their !competence! and pointed me to the embassy of my mothers country of origin for … Schengen visa. The Portuguese embassy also states it should be Schengen visa on E-visa online resource, but the web site does not work properly – throwing out “There was a problem” each time I am trying to submit my mothers application. I am quite tired and thinking to involve the attorney to guard the whole process. Anybody can recommend a good lawyer for this type of things, please?
What about citizens from countries that don’t need a schengen to enter the EU. Does that mean they still need to go to the embassy or the visa on arrival that’s granted is basically the equivalent of a Schengen visa?
By “don’t need a schengen to enter the EU” I presume you mean visa-waiver-eligible countries. Yes, the visa you are given on arrival (namely, the stamp in your passport - this literally IS your visa) is being considered functionally equivalent to a schengen visa. I don’t see what the legal basis for doing so is - is a visa waiver equivalent to an actual visa? - but I also haven’t dug that far into the SBC to find it. In practice it is working this way and has been proved many times over so it’s not worth digging into.
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Perfect, thanks for taking the time!