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Muitos podem até não saber, mas existe uma lei que prevê a obrigação dos hóspedes estrangeiros comunicarem à Unidade de Coordenação de Fronteiras e Estrangeiros (UCFE) a sua entrada em território nacional, até ao terceiro dia útil da sua entrada no país. When does this happen? Let's see it!

Entry Statement

THE Law approving the legal regime of entry, stay, departure and removal of foreigners from the national territory, provides that foreign citizens (only those not covered by Article 14 (3) (a), (b) and (c)) have to provide a & #8220;Entry Statement& #8221; upon your arrival in a new country.

The foreign citizens entering national territory border not subject to controlfrom another Member State, they are required to declare this within three working days of the date of entry.

However, this obligation does not apply to foreign citizens who, upon entry into the country, settling in hotels or other accommodation, The costly title (cf. art. 16), in particular local accommodation, where it applies to communication of stays is mandatory through Accommodation Bulletins issued by the establishment itself.

That is, this obligation becomes the responsibility of the establishment that hosts the stay.

Thus adding responsibilities to Local Accommodation explorers for compliance with this control measure.
By failing to do so, the operator of a LA is putting himself at risk because, in addition to the applicable fines, he may also have criminal liability in certain situations if the citizen is in an illegal situation. (cf. art. 183).

According to article 14 of Law No. 102/2017, of 28 August.

Mandatory Local Accommodation

All those who provide accommodation for foreign citizens in exchange for money are obliged to inform within three business days, por meio de Boletim de Alojamento à Unidade de Coordenação de Fronteiras e Estrangeiros (UCFE).

The accommodation of all foreign nationals should be reported, as understood, all those who do not have Portuguese nationality.

All foreign guests must be identified by a Accommodation Bulletin, posteriormente enviado para a UCEF, regardless of age and country of origin.

In accordance with Article 15 and 16 of Law No. 102/2017, of August 28.

Fines

A falta de comunicação do alojamento à UCEF constitui uma offense punishable by fine that can go from $ 100 to $ 2000.

The value of the fine varies depending on the number of missing records:

a) From € 100 to € 500, from 1 to 10 newsletters or citizens whose registration is missing;

b) From € 200 to € 900, from 11 to 50 bulletins or citizens whose registration is omitted;

c) From € 400 to € 2000, in case the bulletins have not been sent or the registration of more than 51 citizens is missing.

For this purpose, the number of guests is counted, not the number of stays. Since each citizen represents a lodging report.

That is, a group of 5 foreign citizens represents 5 bulletins and not 1 for the group. Even if in practice the whole group communicates together through a list of bulletins.

According to article 203 of Law No. 102/2017, of August 28.

Assistance to illegal immigration

The law also provides that anyone who facilitates or favors illegal immigration is subject to imprisonment. Article 183 clearly addresses this issue.

"Article 183

1 - Who favor or facilitate in any way, the illegal entry or transit of foreign nationals in the national territory is punished with imprisonment up to three years.

2 - Who favor or facilitate in any way, the entrance, the permanence or the illegal transit of foreign citizens in national territory, with lucrative intent, is punished with imprisonment from one to five years. »

The owner of a local accommodation may incur criminal liability if he intentionally omits the stay of a foreign citizen and is in an illegal situation.

According to article 183 of Law No. 102/2017, of August 28.

Now that you know what the law says, will you continue to risk it?

Comunique os dados dos seus hóspedes à UCEF através de Boletins de Alojamento.

This article has been reviewed and approved by SRP & E Sociedade de Advogados, attesting that its content is in accordance with the legal regime in force.

SRP & E is composed of a multidisciplinary team of lawyers who, through the specialization of the services rendered, intends to provide its clients with the best possible follow-up.