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New Term of Responsibility and Invitation Letter



The invitation letter is used by travelers who wish to visit Portugal, especially when they do not have a hotel reservation, or proven accommodation (a rented or owned property, for example). The document is drawn up by a Portuguese citizen, legal resident foreigner, or person authorized to stay regularly in national territory, who invites a foreigner to stay in their home. This document serves as a way to prove the purpose of the visit and provide information about the host and the planned stay.


Recently, when visiting Portugal, tourists who stay at the homes of friends and family by invitation, are faced with a new requirement: filling out a Term of Responsibility.


This document, launched by the Portuguese Immigration and Migration Authority (AIMA), aims to guarantee a safe and organized experience for all those passing through Portuguese, and consequently European, borders, at the time of the entry procedure before immigration control at airports in Portugal. country.


This new requirement not only reinforces the responsibility of hosts, but also emphasizes the importance of providing accurate and complete information. It is crucial that those who invite are fully aware of the implications of their statements in the document, in order to avoid possible legal complications or future inconveniences.


However, the Liability Term is not a legal obligation for those who can prove their means of subsistence and their stay.


We understand that the form created by AIMA is more comprehensive than a Letter of Invitation. The Term of Responsibility, which maintains the objectives of the Invitation Letter, when signed and the signature recognized in person through a certification, obliges the citizen who invites to declare their commitment and responsibility for the traveler during their stay in Portugal.


The Term of Responsibility is described in article 12 of Law No. 23/2007, of July 4, in the current wording. This article indicates that as an alternative to proof of means of subsistence, the foreigner may present the aforementioned Term of Responsibility to meet the requirements of article 11, which is:


Article 11 – Means of subsistence

1 — The entry into the country of foreign citizens who do not have sufficient means of subsistence , either for the period of stay or for the trip to the country in which their admission is guaranteed, or who are not in a position to acquire these means legally.

2 — For the purposes of entry and stay, foreigners must have, in means of payment, per capita, the amounts established by order of the members of the Government responsible for the areas of internal administration, employment and social security of migration, labor and of social solidarity, which can be waived to those who can prove that food and accommodation are guaranteed during their stay.

AND

Article 12 – Disclaimer

1 — For the purposes set out in the previous article, the third-country national may, alternatively, present a term of responsibility signed by a national or foreign citizen authorized to stay regularly in Portuguese territory.

2 — Acceptance of the term of responsibility referred to in the previous paragraph depends on proof of the financial capacity of the respective subscriber and necessarily includes the commitment to ensure:

a) The conditions of stay in national territory;

b) Reimbursement of removal costs, in case of illegal stay.

3 — The provisions of the previous paragraph do not exclude the liability of the entities referred to in articles 198 and 198-A, as long as the respective assumptions are verified.

4 — The term of responsibility constitutes an enforceable title for the obligation provided for in paragraph b) of paragraph 2.

5 — The model of the liability statement is approved by order of the national director of SEF and deliberation of the board of directors of AIMA, IP

6 — SEF AIMA, IP, ensures the implementation of a system for recording and archiving the terms of responsibility presented , without prejudice to applicable standards regarding the protection of personal data.


Currently, the minimum values set by the Portuguese government are based on the National Minimum Remuneration (national salary), which is €840.


As for the responsibility of the hosts, if the guest decides to stay in Portuguese territory illegally, and is subject to inspection, they will be responsible for the expenses incurred in removing the guest and returning to the territory of origin, as well as being additionally responsible in relation to the penalties imposed on employers who employ illegal workers.


In summary, the Term of Responsibility launched by AIMA represents a new approach to guarantee, firstly, that the illegal stay of people in Portuguese territory is the responsibility of those who invite, and therefore, guarantee that at the time of entry of the citizen of a Third State Through the borders of Portugal, proof of means of subsistence and place of accommodation was ensured.



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