Many may not know, but there is a law that requires foreign guests to notify SEF of their entry into the national territory by the third working day of their entry into the country. When does this happen? Let's see it!
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).
Mandatory Local Accommodation
All those who provide accommodation for foreign citizens in exchange for money are obliged to inform within three business days, through Accommodation Bulletin to the SEF - Aliens and Borders Service.
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, subsequently sent to SEF, regardless of age and country of origin.
The lack of communication of the accommodation to the SEF is a 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.
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.
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.
Now that you know what the law says, will you continue to risk it?
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.