I am in Portugal as a tourist and want to study. Can I regularise my immigration status without leaving the country?

Many people enter Portugal as tourists and, during their stay, decide to enrol in a course, bachelor’s degree, master’s programme, or another type of study programme.

At this point, a very common question arises: is it necessary to return to your country of origin to apply for a student visa, or is it possible to obtain a residence permit directly in Portugal?

Yes, it may be possible to apply for a residence permit for study purposes without leaving Portugal, even if you entered the country without a residence visa.

However, this possibility depends on the type of studies, how you entered Portugal, and whether you meet the requirements established by law.

Can someone who entered Portugal as a tourist apply for a residence permit to study?

For higher education students, Law No. 23/2007 expressly provides for the possibility of granting a residence permit even when the student does not hold a residence visa, provided that they entered Portuguese territory legally and meet the other applicable requirements.

AIMA currently states that a residence permit may be granted to a higher education student who does not hold the visa provided for under Article 62, as long as they entered Portugal legally and meet the conditions established under Article 91.

Therefore, initially entering Portugal as a tourist does not, in itself, prevent you from obtaining a residence permit for study purposes.

What does it mean to have entered Portugal legally?

This is an essential point.

To benefit from this possibility, you must be able to demonstrate that you entered Portuguese territory legally.

Depending on your nationality, this may have been through a short-stay visa or under a visa exemption for short stays, as is the case for Brazilian citizens.

For applications submitted without a residence visa under Article 91, AIMA expressly includes proof of legal entry into Portuguese territory among the required documents.

Therefore, before starting the procedure, it is important to determine how you entered Portugal and which documents can be used to prove your legal entry.

Is enrolling in a course enough?

No.

Enrolment in an educational institution is one of the requirements, but it is not, on its own, sufficient to guarantee that a residence permit will be granted.

For higher education students, AIMA currently lists the following among the main documents and requirements:

• valid passport or travel document;
• proof of legal entry into Portugal, when the application is submitted without a residence visa;
• proof of enrolment at a higher education institution;
• proof of payment of tuition fees, where applicable;
• proof of sufficient means of subsistence;
• proof of accommodation/residence in Portugal;
• health insurance or proof of coverage by the Portuguese National Health Service;
• criminal record certificate, as applicable to the individual case.

In certain situations, some of these documents may be waived, particularly in relation to specific higher education institutions or scholarship holders covered by the applicable legal provisions.

Does any course allow me to regularise my immigration status?

Not necessarily.

It is important to distinguish higher education from other types of study.

Article 91 of Law No. 23/2007 specifically regulates residence permits for higher education students. Other provisions apply to secondary education students and certain qualification or vocational training programmes, particularly Article 92, which establishes its own requirements.

Therefore, before enrolling in a course solely for the purpose of obtaining residence in Portugal, it is essential to confirm whether that particular course and institution actually qualify for the intended immigration route.

This is one of the areas where problems most frequently arise in practice.

Do I need to return to Brazil or my country of residence to apply for a visa?

Where the legal requirements for granting a residence permit without a prior residence visa are met, it is not necessary to return to your country of origin solely to obtain the visa beforehand.

For higher education students, this possibility is expressly provided for under Article 91 of Law No. 23/2007 and is recognised in AIMA’s current guidance.

However, this does not mean that any tourist can simply convert their stay into residence.

The individual case must fall within the applicable legal provision, and all required documentation must be properly submitted.

What if my permitted stay as a tourist is about to expire?

This situation requires particular attention.

The fact that there is a legal route to obtain a residence permit without a prior residence visa does not mean that the permitted periods of stay can be disregarded.

The earlier your situation is assessed, the greater the opportunity to structure the procedure correctly and determine which documents are required to prove your entry and immigration status in Portugal.

For this reason, it is not advisable to wait until your stay becomes irregular before seeking a solution.

Can I work while studying?

A residence permit for study purposes may, subject to the applicable legal conditions, be compatible with carrying out professional activity.

However, it is important to remember that the basis of the residence permit remains your studies.

This means that the student must continue to meet the requirements associated with their academic programme while holding this type of residence permit.

Having an employment contract does not automatically convert a residence permit for study purposes into a residence permit for work purposes.

Can I use this residence permit to remain permanently in Portugal?

A residence permit for study purposes can form part of a longer pathway of legal residence in Portugal, but the next steps will depend on the student’s individual circumstances.

After completing their studies, for example, Portuguese law provides certain possibilities for remaining in the country or changing immigration status, provided that the relevant requirements are met.

Therefore, for those who intend not only to study but also to build a long-term future in Portugal, it is advisable to consider their immigration strategy from the outset.

How can we help?

Our team assists international students from the initial assessment of whether they can regularise their immigration status in Portugal, through the review of the course and documentation, to the residence permit application before AIMA.

If you entered Portugal as a tourist and have decided to study and remain in the country, we can assess your individual circumstances and determine whether you may apply for a residence permit without having to return to your country of origin, as well as advise you on the most appropriate legal strategy for your future in Portugal.

Rafaela Barbosa Advocacia Internacional
Specialists in immigration, Italian and Portuguese citizenship, and international mobility.

📍 Portugal | Brazil | Italy
📞 +351 913 158 360
📩 advocacia.rafaelabarbosa@gmail.com
🌐 www.rafaelabarbosaadv.com

If you have any questions, please feel free to contact us.

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