The Brazilian lawyer André Lima responds every week to a question from DN Brasil readers about immigration.
As DN Brasil recently explained, a new directive from the European Union (EU) will not give easier rights to apply for a visa to another country in the bloc. But if the person lives in Portugal and wants to work in another country in the bloc? Lawyer André Lima responds:
“This is one of the most frequent doubts among Brazilians and other immigrants who are already regularized in Portugal, but receive a job offer in another European Union country.
The answer is straightforward: it is not possible to work freely in another Member State just with a Portuguese residence permit.
Let’s go in parts.
Migration regularity is the starting point.
1. First requirement: be legal in Portugal
The first point, often ignored, is essential. To apply for a visa to another European Union country from Portugal, a third-country citizen must be legally in Portuguese territory. This means having a valid visa or current residence permit, in accordance with the Foreigners Law.
If the situation is irregular, the request submitted to the consulate or authorities of the other Member State will simply not be assessed. No country in the European Union accepts processing visa applications made by anyone who is not legally installed in the country where they are submitting the application.
2. Portuguese authorization does not give automatic right to work in another country
The residence permit issued by Portugal allows you to live and work in Portugal. It does not, in itself, grant the right to carry out professional activity in France, Germany, Spain or any other country in the European Union.
Each State maintains its own competence to grant residence and work permits, even though there is coordination within the European space.
Therefore, if a resident of Portugal wants to work in Belgium, for example, they will have to comply with Belgian rules and request the respective residence permit to work in that country. There is no “automatic transfer” of status.
3. The new European Directive that comes into force in 2026
Directive 1233/24 was approved, which must be applied by Member States until 2026, with the aim of facilitating the mobility of foreign workers within the European Union and promoting greater harmonization of rights.
The intention is to make the transition simpler and less bureaucratic, especially for workers already integrated into the European market.
However, it is important to make it clear: this directive does not eliminate the need to apply for a residence permit in the new country.
It tends to simplify procedures and promote greater coordination between States, but does not create a “single European visa” for third-country nationals.
In other words, even with the new directive, it will still be necessary to obtain your own authorization in the destination country.
4. Are there any exceptions?
Yes. There is a specific situation that deserves to be highlighted: the posting of workers.
When a Portuguese company sends a worker to provide temporary services in another Member State, we are dealing with a posting within the scope of the freedom to provide services.
In this case, it is not a change of residence or integration into the job market of the destination country, but a one-off payment linked to the contract with the Portuguese company.
Even so, even in these cases, there may be mandatory communications to the authorities of the country where the service will be performed.
5. Be aware of the risks of hasty decisions
It is common for workers to receive an attractive proposal in another country and believe that, as they are already regular in Portugal, the process will be simple. Without planning, the risk is high.
Accepting work in another country without proper authorization can generate:
• irregular situation in the destination country
• future difficulties in residency applications
• problems with renewals or long-term residence processes
• negative impacts on future nationality applications
Each mobility project within the European Union requires strategic analysis.
Being legally in Portugal is an essential condition for applying for a visa to another European Union country from here. But the Portuguese residence permit does not authorize the exercise of professional activity in another Member State.
With the entry into force of the new directive in 2026, procedures tend to become more coordinated, but the requirement for authorization in the destination country will not disappear. International mobility requires legal planning. And, in the European space, each step needs to be taken with strategy.”
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