António Paula Varela, representing ABV ADVOGADOS, participated in the 1st Iberian-Moroccan
Meeting of the Alliott Global Alliance, which took place in Tanager on the 12th and 13th of
October. At this event, which was attended by law, accounting and auditing firms from
Portugal, Spain and Morocco, forms and potential for investment in the various countries were
Law 18/2022 of August 25 introduced important changes to the legislation
in force. We highlight the creation of a visa for seeking work in portugal,
“Digital Nomad” visa, short-term visa, and temporary stay visa for
seasonal work. We also underline a new flexibility regime for citizens from
ABVADVOGADOS, at the invitation of the British publisher LexisNexis, executed the Portuguese
chapter of the international guide “Employment Tax Analysis”. The text, written by Ana Prates
and Susanna Vickers, both lawyers of the firm, focused on taxation, social security,
immigration and labour law matters related to international mobility.
We are pleased to announce that ABV ADVOGADOS has won an award from “2021 Leading Adviser Awards” in the category of “Leading Private Client (Visa and Tax) Law Firm of the Year, Portugal”, awarded by Acquisition International magazine. (More Info)
On January 28, 2022, Ordinance No. 59-A/2022 of January 28, which revised the Tech Visa regime, was published in the Diário da República.
The changes affect several areas, namely, certification criteria for the company, such as a change which makes it necessary for the company to identify a person, residing in Portugal, who is responsible for the certification process; the obligations of certified companies, such as, for example, a new obligation for the company to keep the monitorization area of the terms of responsibility updated according to the stage of each candidates' process; and also in terms of the renewal process of the company's certification, which will be necessary after 5 years and not after 2 years, as previously was the case.
In addition to the other changes, this Ordinance creates a new regime to allow the movement of highly qualified workers who are transferred within the same company, for the exercise of a professional activity of manager, specialist or training. In relation to this type of worker, the company will have to ensure that workers fulfil several criteria that previously did not exist in the law.
Law No. 8/2022, of January 10, which reviews the commonhold property regime, was published on the 10th of January 2022. This diploma introduced several changes, of which the following should be highlighted: i) a statement regarding any charges and debts of the owner of the apartment to the condominium is required when selling an apartment integrated in a commonhold; ii) certain amendments relating to commonholders meetings; iii) changes relating to the duties and functions of the administrator of the commonhold; iv) the commonholder’s responsibilities for the expenses of the property have been clarified; v) a deadline for legal action for debt collection is established.
On the 30th of December 2021 the Law Decree establishing the legal regime applicable to performing acts of certification via videoconference, such as the authentication of private documents and recognition of signatures, as well as certain acts such as the qualification of heirs and separation or divorce by mutual consent was published. This is an innovative regime that foresees the creation of a platform that can be accessed by using one’s Citizen Card or Digital Certificate, in order to carry out several acts whilst still complying with the legally imposed formalities relating to said acts and offering identical guarantees of security and authenticity. The creation of the aforementioned platform is awaited.
Law Decree No. 109-D/2021 of the 9th of December created an online registration system for permanent representations of companies that are headquatered abroad.
In short, this legislation aims to provide more digital solutions in order for companies established abroad to more easily expand their economic activities across borders, by facilitating the registration of company branches, as well as reducing costs, time and the administrative processes associated with these procedures, in particular for micro, small and medium-sized enterprises.
To pursue these objectives, and allow companies headquartered abroad to register their branches in Portugal through a fully digital process, this law decree will create an online registration regime, via a website yet to be defined.
As of May 2022, the EU will launch a new system for controlling data related to entry and exit of the EU, as well as data relating to refusal of entry of non-EU citizens crossing EU borders. Thus, non-EU passport holders will no longer have their passports stamped, as the new system will be fully automated, which will allow for more reliable data on border crossings and a systematic detection of overstayers. As of the end of 2022, the EU will also issue a new form of travel authorisation for entry into the Schengen Area, named ETIAS, which will be available online. ETIAS will be necessary for citizens of non-Schengen Area countries that currently benefit from a visa exemption in order to enter the Schengen Area (such as for tourism purposes). Both of these systems will apply to UK citizens as non-EU and non-Schengen Area citizens.
ABV Advogados' legal team is participating in the 2021 European Regional Conference, which occurs from the 4th to the 6th of November in Malta. This conference aims to bring together professionals from all of Europe, and ABV Advogados will be represented by Mr. Antonio Paula Varela.
Under the "a more accessible ePortugal" measure of the Simplex20-21 programme, remote support via a scheduled videocall, which already existed for several services such as the renewal or change of address of the Citizen's Card, has now been extended to other services, such as, for example, revalidation of a driving license, or the request for a certificate of no criminal record.
This service allows citizens who wish to carry out any of these online operations to access the help of an operator, via a scheduled video call which can be accessed by choosing the option "schedule a video call" found on the sidebar menu of the site.
Law no. 50/2021, which extends the moratorium on bank loans until the 31st of December of 2021, has been published. This extension of the moratorium relates exclusively to the suspension of the reimbursement of capital, provided that the entities in question are counterparties to certain credit operations, as best defined in the law. This law extends the deadline until the 31st of December 2021, not only for entities that were only covered by the moratorium after the 1st of October 2020 and until the 31st of March 2021, but also for entities covered before the 1st of October 2020.
The Council of Ministers has approved a Law Decree establishing the legal regime applicable to performing acts of certification via videoconference, such as the authentication of private documents and recognition of signatures, as well as certain acts such as the qualification of heirs and separation or divorce by mutual consent. This is an innovative regime that foresees the creation of a platform that can be accessed by using one’s Citizen Card or Digital Certificate, in order to carry out several acts whilst still complying with the legally imposed formalities relating to said acts and offering identical guarantees of security and authenticity. The publication of the relevant legislation is awaited.
Order no. 4473-A/2021 of the 30th of April establishes that all foreign citizens with processes pending in the Foreigners and Borders Service (“SEF”), whose application was submitted between the 18th of March of 2020 and the 30th of April of 2021, are temporarily considered regularized in national territory, being able to access all public services, namely to obtain a user number, to access the National Health Service or other health care rights, to access social support services, to sign leases, to sign job contracts, to open bank accounts and to sign contracts for the provision of essential public services.
Law Decree 14/2021 of 12 February has been published. This legislation changes the regime of the Residence Permit for Investment Activity, known as “Golden Visa”. The modification will enter into force on January 1, 2022.
Law 75/2020 of 27 November was published today. This legislation creates the Extraordinary Company Viability Process (PEVE). The objective is to devise a speedy mechanism that allows the recovery of viable companies seriously affected by the pandemic caused by COVID-19.
On the 11th of November 2020, Organic Law No. 2/2020 was published, which makes several alterations to the Nationality Law (Law No. 37/81), including alterations to the requirements for the attribution and acquisition of nationality. In general the new Nationality Law allows new possibilities for obtaining Portuguese nationality, and greater flexibility as to the options that already exist, simplifying some concepts, such as that of “effective ties to the national community”, and allowing children of immigrants, born in Portuguese territory, access to nationality, regardless of whether the parents have had a residence permit or not for at least one year.
António Paula Varela, lawyer and partner at ABV ADVOGADOS wrote an article about Brexit in the magazine CITIVANI GLOBAL CITIZENSHIP. Access the article through the link
In the context of the COVID-19 Pandemic, Law no. 1-A/2020 has been published, which
establishes the measures in force during the State of Emergency, enacted on 18th of March 2020 through Presidential Decree no. 14-A/2020. Taking into account the exceptional nature of the current state of affairs and to facilitate the adaptation of our clients to this new reality, ABV ADVOGADOS has created a team especially dedicated to this purpose, which can be contacted through the following email: firstname.lastname@example.org
In the November online edition of the “Acquisition International” magazine, an article about our Law Firm was published (page 16). To consult the magazine: https://www.acq-intl.com/issue-11-2019/
António Paula Varela, Ana Prates and Susanna Vickers, from ABV Advogados, will participate in the “Forum for Expatriate Management” which will take place in London on the 20th and 21st November, at the O2 InterContinental Hotel. This two-day conference will bring together over 400 global mobility and HR professionals from some 100 international companies that have expatriate populations. Attendees will be drawn from across Europe and from a variety of industries including Retail, Energy, Shipping, Manufacturing, Logistics, IT, Management Consultancy, Auditing, Pharmaceuticals and more. Companies represented include IKEA, Booking.com, Nike, Heineken, Unilever and Samsung. You can visit us at stand no. 30!
For the second year in a row, our law firm has been awarded internationally for its work in the Private Clients area. We were delighted to receive the prize of “Leading Private Client and Taxation Law Firm of the Year, Portugal”, this time awarded by the “Acquisition International” magazine. This award results from the Private Clients team’s work in providing legal and tax advice to foreign citizens and their families, who choose Portugal as a place to live or invest. Congratulations to the Private Clients team!
ABV Advogados will be present at the Alliott Group conference for Europe, Africa and Middle East regions, which will take place in Dubai from April 29 until May, 1. It will be a new opportunity to deepen the co-operation ties with our Alliott Group partners and to keep updated on the new international tendencies in the law area/international advocacy trends.
ABV ADVOGADOS was awarded by ACQS Global Awards 2018 as “Portuguese Private Client Law Firm of the Year” and “Portuguese Global Mobility Law Firm of the Year”. We are very pleased with the acknowledge of the work done by our team of Private Clients and Global Mobility, especially in the legal and tax advice to foreign individuals who choose Portugal as a place to live, invest or work. Thank you to all who have trusted us!
Among the speakers and sponsors at the Amsterdam Global Mobility Conference will be members of Alliott Group, a leading international alliance of independent accounting, tax and law firms. ABV ADVOGADOS is the Alliott Group member firm in Portugal. The conference provides a forum for HR and global mobility managers facing the challenges presented by expatriate management in today’s international business world. (More Info)
Once again, ABV ADVOGADOS will be present at the "Salon de L`Immobilier et du Tourisme Portugais à Paris", 6th edition, which will take place from 12th to 14th May at the Expositions Park of Porte de Versailles in Paris. In representation of ABV ADVOGADOS, at stand nr 56, will be, for the second year in a row, Miriam Diaz and Ana Prates.
This will be a new opportunity to meet our clients and to enlighten all those who wish to invest and/or develop their projects in Portugal.
We announce that ABV ADVOGADOS has been successful in the “2017 Corporate Intl Global Award” in the category “Boutique Commercial Law Firm of the Year in Portugal – 2017”. This award is the recognition of the quality of our services in commercial and corporate complex legal matters, as well as the acknowledgement of our international practice which is an essential feature of our firm. It also highlights our option to work always focused on the client, based on a close relationship and thorough understanding of our partners and clients interests.
ABV ADVOGADOS was awarded as the Portuguese “Independent Law Firm of the Year” in 2016 by ACQ5 - Acquisition Finance Magazine. We dedicate this prize to all of our clients and partners who have trusted on our work over the years, as well as our team, whose professionalism and dedication turned 2016 a very special year for us. Thank you all!
Miriam Diaz, ABV ADVOGADOS Legal Consultant and main responsible for the Firm’s French Desk, participated in a radio program about French expats living in Portugal, broadcasted by RFI – Radio France International on the 27th of May, 2016. In her intervention, Miriam spoke about practical and legal aspects of the Portuguese Non-habitual Tax Regime.
ABV ADVOGADOS is present at the exhibition “Salon De L`Immobilier et du Tourisme Portugais à Paris” that is going to take place in Paris on 20-22 May. Miriam Diaz, ABV legal consultant and the responsible for French Desk, together with Ana Prates, ABV lawyer, will analyse real estate legal and tax framework and the Portuguese Tax Regime for Non-Habitual Residents.
ABV ADVOGADOS is pleased to support the Luso-Bolivian Chamber of Commerce and Industry. António Paula Varela, ABV Partner, and Chairman of the Board of the LBCCI, is part of the entourage that will be present in Bolivia between the 26th April and 2nd May to promote further development of the economic and cultural relations between both countries.
ABV ADVOGADOS will participate at the Alliot Group’s annual conference for Europe, the Middle East and Africa (EMEA), to take place in Lisbon between the 5th and 7th May. Alliot Group is an international network of law, accounting and consulting firms present in more than 70 countries.
ABV ADVOGADOS will be present at “2016 Beijing International Property & Investment Expo”, to take place in Beijing between the 14th and 17th April. In this event, the opportunities for Chinese investment in Portugal will be explored, especially in real estate.