Immigration law in São Tomé and Príncipe

São Tomé and Príncipe has one national immigration regime, administered mainly by the SMF under the Ministério da Administração Interna. The SMF handles entry and border control, visas, authorization to enter, residence certificates, family reunification and administrative removal. The SMF also has a regional delegation on Príncipe. Entry normally requires a passport valid for at least one year, the appropriate visa unless an exemption applies, sufficient funds, no entry ban and an International Vaccination Certificate. The eVisaST and e-Cidadão process may require a passport PDF, accommodation or a reservation, a return or onward ticket and evidence of approximately EUR 100 per day. An eVisa response is generally issued within seven working days. The published eVisa information refers to a passport valid three months beyond the intended stay, while Article 11 refers to one year of validity; this conflict should be clarified with the SMF before applying. A residence visa covers dependent or self-employed work, family reunification, study, volunteering, vocational training, research and highly qualified work. It normally allows two entries and a stay of two months for the residence application. A temporary visa can last up to 180 days, allows a maximum of three months per stay and must generally be used within 90 days; it does not authorize employment except for permitted cultural activities. A transit visa covers up to four days per transit. Embassies and consulates usually issue visas. A visa at the border is an exceptional solution when no accessible diplomatic representation exists, and a visa or authorization to enter does not itself guarantee admission. Visa exemptions may apply to holders of a valid residence certificate, people covered by bilateral or freedom-of-movement agreements, certain organized travellers and nationals covered by Lei n.º 5/2015, including typical short stays for CPLP, European Union, United States and Canadian nationals or specified passport and visa combinations. Current exemptions should be confirmed with the SMF before travel. Spouses and descendants of São-Tomé nationals may be exempt when they prove the family relationship. A temporary residence certificate, commonly called a CR, normally requires a valid residence visa, actual presence in the country, suitable accommodation, no relevant criminal conviction and no current entry ban. It is generally valid for one year and can be renewed annually. A renewal application should normally be filed at least 30 days before expiry. The applicant must continue to show sufficient means and accommodation and must not have a sentence exceeding one year. The SMF generally has 30 days to decide; in cases involving only administrative inaction, the law provides for deferimento under the applicable conditions. Permanent residence generally requires five continuous years with temporary residence, Portuguese-language knowledge and no total sentence exceeding one year during the previous five years. Permanent residence is unlimited, but the residence card must be renewed every five years. Unjustified absence can affect status: temporary residence may be affected after six consecutive months or eight months in total, while permanent residence may be affected after 24 consecutive months or 30 months within three years. Changes of status or address should be reported within 60 days. Dependent employment generally requires an employment contract and a favourable opinion from the Ministério do Trabalho. That opinion normally has a 30-day period. The law gives preference to São-Tomé nationals and lawful residents, while workers should receive equal pay for equal work. Self-employed work may require a company or registered activity with the tax authority and INSS, as well as professional registration where applicable. An employment contract may last up to three years. Tourist, visitor, business and student visas generally do not authorize employment, although a person who entered lawfully may in some cases obtain a residence certificate without a residence visa. Students and volunteers need evidence of enrolment or an agreement with a recognized organization, sufficient funds and suitable accommodation. A residence certificate for study or volunteering is generally valid for one year and renewable; a study programme lasting less than one year may receive a certificate for the programme period. Lack of academic progress can prevent renewal or lead to withdrawal. Students may work only outside study periods and only with prior authorization and an employment contract. Family reunification normally requires the sponsor to hold a residence certificate valid for at least one year, suitable accommodation and sufficient means. Eligible family members may include a spouse, minor or legally incapacitated children, recognized adoptees, dependent first-degree parents and minor siblings under guardianship. A stable, lasting and proven união de facto may also qualify. The Director of the SMF decides the application. The family member's certificate generally follows the sponsor's validity period; where the sponsor has permanent residence, the family certificate may be issued for two years. The authorities may investigate a sham marriage or union, and the person must be heard before withdrawal. A court challenge has suspensive effect in the circumstances provided by law. Lawfully present foreign nationals and stateless persons generally have the same rights and duties as citizens, except for political rights, public authority positions and other rights reserved by law. They may move and choose a residence subject to individual restrictions based on security or public order. They can access courts and, in a refusal-of-entry situation, request an interpreter, doctor, lawyer and consular or other representation. They must obey the law, report residence and status information, prove means when required and comply with lawful orders. Political activity is generally restricted, subject to reciprocity-based exceptions. São Tomé and Príncipe constitutionally recognizes asylum for foreigners persecuted or seriously threatened because of their commitment to democratic rights and is party to the 1951 Refugee Convention and 1967 Protocol. The country does not currently have a fully developed national asylum status procedure and appeal framework in the available evidence. UNHCR performs a regional protection role and may assess arrival cases. Article 71 of Lei n.º 5/2008 allows residence on grounds of national interest or humanitarian reasons without the standard requirements. The status of São Tomé and Príncipe under the OAU Refugee Convention should be verified against the treaty deposit record because available records differ. Nationality is governed mainly by Lei n.º 7/2022. Original nationality can arise through descent, birth in São Tomé and Príncipe to resident foreign parents, statelessness or unknown nationality, and descent from a São-Tomé grandparent. Marriage to a São-Tomé national for more than five years with comunhão de bens adquiridos, or a court-recognized união de facto lasting more than three years, may also qualify. Naturalization generally requires adulthood, at least five years of lawful residence, Portuguese or a national language, no final prison sentence of three years or more, no terrorism risk and secure means of support. The procedure may involve criminal-record certificates from the country of origin and São Tomé and Príncipe, proof of residence, SMF and Public Prosecution certificates, tax and service records, a residence-card copy and language evidence. A 2025 investment or donation pathway uses due-diligence and anti-money-laundering checks; its current minimum amounts and operational requirements should be confirmed with the responsible UCID or RNID information. An entry refusal must state the factual and legal grounds and provide information about available remedies and deadlines. The person may contact a consulate, trusted person, interpreter, doctor or lawyer. Administrative decisions by the SMF Director can generally be challenged before the responsible minister within 48 hours when the person is detained or within 15 days otherwise. Administrative removal applies to non-residents in cases such as unlawful entry or overstay; the Director of the SMF generally decides within 20 days, and judicial review does not automatically suspend removal. Voluntary departure may be allowed for 10 to 20 days. Court-ordered expulsion can follow threats to national or public order, political intervention or serious offences. Removal cannot send a person to a state where they face political, religious or racial persecution. An entry ban may last at least five years, and expulsion of a residence-certificate holder requires judicial action. Overstay fines under Lei n.º 5/2008 rise with the length of the overstay: Dbs 2,000,000 to 4,000,000 for up to 30 days; Dbs 5,000,000 to 8,000,000 for more than 30 to 90 days; Dbs 9,000,000 to 12,000,000 for more than 90 to 180 days; and Dbs 13,000,000 to 19,000,000 for more than 180 days. Failing to apply for a residence certificate may lead to Dbs 10,000,000 to 50,000,000, late revalidation may incur Dbs 500,000 per day, and failure to report a status or address change may incur Dbs 2,000,000. Visa and residence fees are set by current financial or SMF orders, and the available SMF tariff information does not provide a complete current immigration table. Historic figures in SMF material should not be treated as current. Expulsion costs are generally charged to the affected person.