Article 92 of the Portuguese Constitution does not specifically address issues related to Student Temporary Residence Cards (TRC) or immigration status in the context of students. However, Portugal’s immigration laws, including the Regime of Entry, Stay, Exit and Removal of Foreign Nationals (commonly referred to as the Foreigners and Borders Law), govern student residence permits and Temporary Residence Cards.
Regarding Student TRC (Temporary Residence Cards) for Foreign Nationals in Portugal:
- Temporary Stay for Studies: Students from outside the European Union (EU) can apply for a temporary residence permit to study in Portugal. This permit is usually granted for the duration of the study program.
- Rights of Students on TRC: Those holding a student residence permit have certain rights, including:
- Access to healthcare, subject to regulations.
- Right to work part-time (up to 20 hours per week during the academic term, and full-time during holidays).
- The right to bring family members under certain conditions (depending on the situation and duration of stay).
- Conditions for Granting TRC: To obtain a student TRC, applicants must meet several conditions, such as:
- Acceptance at a recognized Portuguese educational institution.
- Proof of sufficient financial means to support oneself during the stay.
- Adequate health insurance.
- Proof of accommodation in Portugal.
Portuguese Immigration Law (Lei n.º 23/2007) and Student Permits:
While Article 92 of the Portuguese Constitution ensures equality and non-discrimination for foreigners, students must follow immigration procedures as outlined in specific laws that deal with foreigners, including:
- Temporary residence permits for students.
- Specific visa and residence status requirements for students, which ensure that their stay is legal and aligned with their educational purposes.
In summary, Article 92 guarantees the equality of rights for foreigners in Portugal, but the specific legal provisions regarding student visas, temporary residence, and student TRCs are found in the Immigration Law rather than directly in the Constitution.
Yes, in Portugal, it is possible to renew your residence permit after completing your studies, but there are specific conditions and processes involved. Here’s an overview of what typically happens after your study visa or residence permit for students has expired:
1. Renewal of Student Residence Permit:
If you are a non-EU student and you wish to continue staying in Portugal after completing your studies, you may be eligible to renew your student residence permit or apply for a different type of permit, depending on your situation.
- Before the end of your student residence permit, you can apply for an extension or a renewal of your permit if you are still in the process of completing your studies or if you have other reasons (e.g., further education or a course).
- The renewal application should be submitted at least 30 days before your current permit expires.
2. Post-Graduation: Transition to a Work or Other Residency Permit:
If you have completed your studies and are seeking to stay in Portugal for work or other purposes, you might need to change the type of residence permit. Some options include:
- Residence Permit for Employment: If you find a job in Portugal after your studies, you can apply for a work residence permit (temporary or long-term). You will need to have a work contract, proof of employment, and meet specific salary criteria, among other requirements.
- Residence Permit for Highly Qualified Employment: If you have a degree or higher qualification and find a job in a field that requires a highly qualified professional (e.g., IT, engineering, etc.), you can apply for this specific permit, which is often easier to obtain compared to other employment-based permits.
- Start-up or Entrepreneurial Visas: If you want to start your own business or invest in a start-up, you can apply for a residence permit under the entrepreneur or investor program.
In these cases, you must apply for a new residence permit before your student residence permit expires, and the process will depend on your specific circumstances (e.g., having a job offer or investment).
3. Temporary Stay for Job Search (Post-Graduation):
Portugal offers a possibility for recent graduates to stay temporarily to search for a job in their field of study. The specific visa category is called the “Temporary Stay for Job Search”, and it allows students to stay for a period (usually up to 12 months) after graduation while looking for work.
Key Requirements for Renewal or Transition:
- Proof of Financial Stability: You must show that you can support yourself financially during your stay, either through a job, scholarship, or personal means.
- Health Insurance: You must have valid health insurance that covers your stay in Portugal.
- Proof of Accommodation: You may need to provide proof of accommodation in Portugal during the new permit period.
Summary:
- If you are still studying, you can renew your student residence permit.
- If you have completed your studies, you can transition to another type of residence permit (e.g., for work or job search), but you must apply before your student permit expires.
For the most up-to-date and personalized advice, it is advisable to check with the Portuguese Immigration and Borders Service (SEF) or consult a legal advisor specializing in immigration law.
