Chapter II · Entry into and exit from national territory · Section VII · Refusal of entry and stay · Subsection III · Border return procedure

Article 40-F Competence

Artigo 40.º-F · Competência

Lei n.º 23/2007, de 4 de julho (Lei de Estrangeiros) · consolidated text, as amended by Law No. 62/2026, checked 26 October 2026

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The PSP shall have competence to issue, prepare and enforce the border return decision after the person concerned has been notified of the decision not to accept the application for international protection made at the border.

Compete à PSP proferir, preparar e executar a decisão de regresso na fronteira após a notificação ao interessado da decisão de não aceitação do pedido de proteção internacional apresentado na fronteira.

What we checked in this article

Check that the PSP is the competent authority and that its competence arises only after notification of the decision not to accept the application made at the border.

Moving to Portugal, or bringing a team or family? Article 40-F may decide what you can apply for.

We map the visa and residence route that fits your activity, prepare the company side (contracts, payroll, registrations) and coordinate with immigration lawyers for the application itself. A written answer and a fixed quote within one working day.

Unofficial English translation prepared by BCA Portugal for reference. Only the Portuguese text published in the Diário da República has legal force. Editorial notes are ours and are not part of the statute.

Applying the law

Visas and residence in Portugal, planned together with the company

The permit depends on what you will do here: employment, your own company, remote work for a foreign employer or investment. Tell us the plan, and we will set out which route the Act gives you and what the company needs to have in place.

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