Obligation of the Notice of Accommodation of foreign citizens
Companies exploring hotel establishments, complementary means of tourist accommodation or tourist complexes, as well as all those who provide, for consideration, accommodation to foreign nationals, are obliged to communicate it, within three working days, by means of Accommodation Bulletin à Unidade de Coordenação de Fronteiras e Estrangeiros (UCFE) or, in places where it does not exist, to the Republican National Guard or the Public Security Police.
After the alien has left the said accommodation, the fact must be communicated, within the same period, to the mentioned entities. However, you can choose to place the expected date of check-out on the first shipment. If there is no change, it will not be necessary to send a new Accommodation Bulletin.
The accommodation of all foreign nationals must be communicated, as long as it is understood all those who do not have Portuguese nationality. This results from Article 45 (1) (a) of the Convention implementing the Schengen Agreement (CAAS).
In the European Union (EU), and in general, in any country in the world, the State is recognized as having the right to know who are the foreigners who enter, remain and leave their territory.
This information is important for reasons relating in particular to internal security and the national economy (tourism, trade relations, imports and exports, scientific research, etc.).
Accommodation Bulletin
It is not compulsory to fill in and sign personal notes for both spouses and accompanying minors, as well as for all members of a travel group, and this obligation may be fulfilled by one of the spouses or by a member of that group.
However, it is mandatory to fill out an accommodation bulletin for each member of the household, including minor children, or for each member of a travel group.
In these cases, the completion and signature of the accommodation bulletins does not have to be done in person, and such obligation may be fulfilled by one of the spouses or by one of the members of the travel group, respectively.
That is, todos os hóspedes estrangeiros terão que ser identificados através de um boletim de alojamento, posteriormente enviado para a UCEF, independentemente da idade e do pais de origem. However, just the accommodation bulletins are signed by one of the members of the travel group.
Completing the Accommodation Bulletin does not constitute a common register of guests, but rather a form of control of the entry and stay of foreigners in national territory.
In accordance with article 16 of Law no. 23/2007 of July 4, updated by Law no. 102/2017 of August 28, entities exploring tourist developments, local accommodation establishments or any other accommodation providers in exchange for a payment, are obliged to fill in the so-called Accommodation Bulletins.
See here at FAQ relative to Local accommodation.
LEGISLATION
• Law no. 102/2017 of August 28, proceeds to the fifth amendment to Law no. 23/2007, of July 4, which approves the legal regime of entry, stay, exit and removal of foreigners from the national territory.
• Law no. 23/2007, of July 4, which approves the legal regime of entry, stay, departure and removal of foreigners from the national territory.
• Convention implementing the Schengen Agreement of 14 June 1985.
Convention implementing the Schengen Agreement (CISA)
'Article 45
1. The Contracting Parties undertake to take the necessary measures to ensure that:
(a) the person in charge of an accommodation establishment or his / her supervisor ensures that foreigners staying in accommodation, including nationals of other Contracting Parties, and other Member States of the European Communities, excluding spouses or accompanying minors or members of travel groups, fill out and personally sign the accommodation bulletins, and that they prove their identity by presenting a valid identity document;
(b) Accommodation bulletins completed in this way shall be kept by the competent authorities or sent to them where they deem it necessary for the prevention of threats for the purposes of criminal proceedings or for clarification of the whereabouts of persons who have disappeared or victims of accidents, unless otherwise provided by national law. '
Law no. 23/2007 of July 4, updated by Law no. 102/2017 of August 28
'Article 15
Accommodation Bulletin
1 - The accommodation bulletin is intended to allow the control of foreign citizens in national territory.
2 - For each foreign citizen, including nationals of the other Member States of the European Union, an accommodation bulletin is completed and signed in person, the model of which is approved by order of the member of the Government responsible for the area of internal administration.
3 - The filling and personal signature of the bulletins by both spouses and accompanying minors, as well as by all members of a travel group, shall not be compulsory and may be fulfilled by one of the spouses or by a member of that group. group.
4 — Com vista a simplificar o envio dos boletins de alojamento, os estabelecimentos hoteleiros e similares devem proceder ao seu registo junto da UCEF como utilizadores do Sistema de Informação de Boletins de Alojamento, por forma a poderem proceder à respectiva comunicação electrónica em condições de segurança.
5 - The bulletins and their duplicates, as well as the substitute supports referred to in the previous number, shall be kept for a period of one year from the day after the communication of the output.
Article 16
Communication of accommodation
1 — As empresas exploradoras de estabelecimentos hoteleiros, meios complementares de alojamento turístico ou conjuntos turísticos, bem como todos aqueles que facultem, a título oneroso, alojamento a cidadãos estrangeiros, ficam obrigadas a comunicá-lo, no prazo de três dias úteis, por meio de boletim de alojamento, à UCEF ou, nas localidades onde este não exista, à Guarda Nacional Republicana ou à Polícia de Segurança Pública.
2 - Upon the departure of the foreign citizen from said accommodation, the fact must be communicated, within the same period, to the entities mentioned in the previous number.
3 - The accommodation bulletins produced under the terms of number 4 of the previous article are transmitted in a safe manner, in the terms to be defined by ordinance of the member of the Government responsible for the area of the internal administration.
Article 203
Lack of communication of accommodation
1. Failure to register foreign nationals in electronic form in accordance with Article 15 (4), or failure to submit the accommodation bulletin in accordance with Article 15 (1) or Article 16, constitutes a misdemeanor punishable by the following fines:
a) From € 100 to € 500, from 1 to 10 bulletins or citizens whose registration is omitted;
b) From € 200 to € 900, from 11 to 50 bulletins or citizens whose registration is omitted;
c) From € 400 to € 2000, if the bulletins have not been sent or the registration for more than 51 citizens is missing.
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 comprised of a multidisciplinary team of lawyers who, through the specialization of the services rendered, intends to provide its clients with the best and closest possible follow-up.