I entered Portugal as a tourist and received a job opportunity. What can I do?

Entering Portugal as a tourist and receiving a job offer during your stay is a fairly common situation.

The question usually arises immediately:

“If I already have a company willing to hire me, can I regularise my immigration status and remain in Portugal?”

Today, the answer requires some caution.

For several years, Portuguese law allowed, under certain circumstances, foreign nationals who were already in Portugal to apply for a residence permit for work through the procedure known as the Expression of Interest (Manifestação de Interesse).

However, this procedure was revoked in June 2024. Today, as a general rule, simply having an employment contract or a promise of employment does not allow a tourist stay to be converted into a residence permit for work from within Portugal. AIMA itself identifies the former visa waiver procedure under Article 88(2) as revoked.

I have an employment contract. Can I apply for residence directly in Portugal?

As a general rule, not solely on the basis of that contract.

Article 88 of Law No. 23/2007 continues to provide for residence permits for employed professional activity. However, the standard route is also subject to the general requirements under Article 77, including holding the appropriate visa.

This means that receiving a job opportunity while visiting Portugal does not, by itself, create a right to regularise your immigration status from within Portuguese territory.

This is precisely where an important distinction must be made between having a job opportunity and having the appropriate immigration status to remain and work in Portugal.

What about the former Expression of Interest procedure?

This is probably the main source of confusion.

Until June 2024, Articles 88(2) and 89(2) allowed, under certain conditions, applications for residence permits for employed or self-employed professional activity without a prior residence visa.

Through this mechanism, many foreign nationals entered Portugal legally, began working and subsequently submitted an Expression of Interest (Manifestação de Interesse).

This procedure was revoked by Decree-Law No. 37-A/2024, with effect from 4 June 2024, subject to the transitional arrangements applicable to certain pending cases. AIMA currently expressly identifies the former procedures under Articles 88(2) and 89(2) as revoked.

Therefore, it is not advisable to make decisions today based on the experiences of people who regularised their status through this route in the past, because the legal framework has changed.

So, do I need to leave Portugal?

In many cases, the appropriate route will be to apply from outside Portugal for the visa corresponding to the professional activity to be carried out.

If a company is already interested in hiring you, it is necessary to analyse the proposed employment relationship and determine which immigration route is appropriate for your circumstances.

Depending on the situation, it may be necessary to prepare an employment contract or promise of employment and submit the appropriate visa application to the competent Portuguese consular post.

After entering Portugal with the relevant visa, it will then be possible to proceed with the residence permit application before AIMA.

What about the Job Seeker Visa?

It is important not to confuse the two situations.

The Job Seeker Visa is a specific visa category that allows a foreign national to enter Portugal specifically for the purpose of looking for employment.

The visa holder may look for work and, once an employment relationship has been established and formalised within the legally permitted period, apply for the corresponding residence permit.

AIMA confirms that holders of this visa may carry out employed professional activity during its validity and, once the employment relationship has been formalised, apply for a residence permit under Article 88(7).

However, someone who entered Portugal as a tourist does not automatically become the holder of a Job Seeker Visa simply because they receive a job offer.

Are there situations where I can regularise my status without leaving Portugal?

Yes. This is an important exception.

Portuguese law still provides for specific circumstances in which the requirement to hold a residence visa may be waived, depending on certain personal, family, academic or immigration circumstances.

Therefore, before concluding that leaving Portugal is the only option, the person’s full immigration history should be analysed.

For example, specific rules exist for certain former students and individuals who have completed their studies in Portugal. AIMA continues to provide residence permit procedures without a prior visa for situations covered by Article 122 of Law No. 23/2007.

The key point is that these exceptions have their own specific requirements. Simply being in Portugal and having an employment contract is not enough.

Can I start working while I am in Portugal as a tourist?

This is another point that requires particular attention.

Entering Portugal as a tourist or under a short-stay arrangement does not amount to authorisation to freely carry out professional activity in Portugal.

The possibility expressly indicated by AIMA to work while awaiting a residence permit applies, for example, to holders of certain residence visas or Job Seeker Visas.

Therefore, before actually starting work, it is necessary to confirm whether the person’s current immigration status allows them to carry out that professional activity.

Does having a NIF, NISS or employment contract regularise my immigration status?

No.

A NIF, NISS, employment contract, Social Security registration or registration as self-employed may be relevant for different procedures, but none of these elements, on their own, replace the visa or residence permit required under Portuguese immigration law.

This distinction has become even more important since the end of the Expression of Interest procedure.

The biggest mistake is allowing your permitted stay to expire because you believe the employment contract will solve the situation

Anyone who entered Portugal legally as a tourist has an authorised period of stay.

Receiving a job offer does not automatically make that period irrelevant.

For this reason, it is not advisable to simply remain in Portugal beyond the authorised period in the expectation that an employment contract will later allow you to regularise your status.

Ideally, your situation should be assessed before your period of legal stay expires.

What should I do if I receive a job offer?

Before accepting the offer and making any immigration-related decision, it is important to assess both the worker’s situation and the company’s circumstances.

Nationality, the basis on which the person entered Portugal, the period of stay already used, the professional activity, the worker’s qualifications, the terms of the employment contract and any applicable exemptions from the residence visa requirement can completely change the appropriate strategy.

In some cases, the person will need to return to a country where they are eligible to submit the relevant consular application. In others, there may be a specific immigration route that allows for a different solution.

Therefore, there is no single answer based solely on the existence of an employment contract.

Conclusion

Receiving a job opportunity while you are in Portugal as a tourist is excellent news, but it is important to distinguish between obtaining employment and regularising your immigration status.

Since the revocation of the Expression of Interest procedure, an employment contract does not, as a general rule, allow a tourist to simply apply for a residence permit for work from within Portugal.

However, this does not mean that everyone must follow exactly the same route. Portuguese law provides for specific situations in which the residence visa requirement may be waived, and each case must be assessed individually.

Our team can analyse your current immigration status, the job offer or employment contract, and your professional profile to determine whether there is a possibility of regularising your status from within Portugal or, where a visa is required, which strategy is most appropriate for structuring the process.

If you entered Portugal as a tourist and received a job offer, it is advisable to carry out this assessment before your period of legal stay expires, preventing a promising professional opportunity from becoming an immigration problem.

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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