Javier Mateo | Lawyer

Portuguese immigration law provides specific mechanisms that allow certain foreign nationals to remain in Portugal after completing their studies and to enter the labour market without leaving national territory. One of the most relevant legal bases for this transition is found in Article 122, letters o) and p), of Law no. 23/2007, which is the focus of this insight.

While Article 122 covers a broader range of situations, letters o) and p) specifically address cases where lawful residence in Portugal was initially granted for educational purposes and the corresponding studies have been successfully completed. In these circumstances, the law allows a transition to a residence permit for professional activity to be carried out within Portugal, without the need for a consular visa application abroad.

Legal Rationale of Article 122, Letters o) and p)

Article 122 regulates the granting of residence permits for the exercise of professional activity in situations that do not follow the standard consular route. Letters o) and p) apply where the foreign national already holds, or has held, a lawful residence permit in Portugal for education and has complied with the purpose for which that permit was granted.

From a legal perspective, this mechanism does not constitute a new entry into Portuguese territory. Instead, it represents a change in the legal basis of stay, grounded in continuity of lawful residence and compliance with prior immigration conditions. The legislator thus recognises that educational residence may legitimately evolve into professional residence, subject to the applicable requirements.

Article 122, Letter o): Completion of Higher Education or Research

Letter o) applies to foreign nationals who have held a residence permit for higher education or for scientific research in Portugal and who have successfully completed their academic programme or research activity. This includes completion of Bachelor, Master and Doctoral degrees, as well as recognised research activities carried out at Portuguese institutions.

Following completion, the individual may apply in Portugal for a residence permit for the exercise of professional activity. Such applications are typically supported by an employment contract or a binding job offer. Certain forms of independent professional activity may also be considered, subject to prior legal assessment and verification of admissibility under immigration and professional regulations.

The application is submitted directly to AIMA and does not involve a Portuguese Consulate. Provided the legal conditions are met, the applicant remains in Portugal throughout the procedure.

Article 122, Letter p): Secondary Education and First Cycle Studies

Letter p) applies to foreign nationals who have held a residence permit for secondary education or for the first cycle of higher education and who have completed the corresponding studies in Portugal.

This provision is particularly relevant for individuals who entered Portugal at an earlier stage of their academic trajectory and who now seek lawful access to the labour market. As with letter o), the transition to a residence permit for professional activity may be requested directly in Portugal, without any requirement to return to the country of origin or to apply for a new visa at a Consulate.

The decisive legal elements remain the successful completion of studies and compliance with the conditions applicable to the intended professional activity.

Direct Application in Portugal and Absence of Consular Procedure

A defining feature of applications under Article 122, letters o) and p), is their procedural framework. These applications are processed within Portuguese territory and do not require departure from Portugal or consular intervention.

This constitutes an important exception to the general regime applicable to employment based residence permits. When correctly framed, it allows continuity of lawful residence and reduces the administrative and legal risks commonly associated with consular processing.

Technical Requirements and Legal Assessment

Despite the clarity of the legal framework, applications under Article 122 are technically demanding. AIMA will assess the applicant’s lawful residence history, proof of completion of studies or research, the existence and legal adequacy of the professional activity and compliance with tax and social security obligations where applicable.

Independent professional activity, in particular, requires careful prior legal assessment, as admissibility is not automatic and depends on the specific circumstances of each case.

Errors in legal qualification, timing or documentation may result in delays or refusals, even where the substantive conditions are met.

Who This Applies To

This framework is particularly relevant for international students who have completed higher education in Portugal, researchers concluding scientific activities, former secondary or first cycle students entering the Portuguese labour market and employers seeking to hire graduates who already reside lawfully in Portugal.