José Coelho / Lusa
The President of the Republic, Marcelo Rebelo de Sousa, has the power of political veto in his hands.
All CPLP citizens will need a visa to enter Portugal if law goes on. Marcelo will be divided. Brazil is attentive and resembles “special status” of Portuguese in Brazil.
A Foreign Lawproposal for joint law of the Democratic Alliance (AD) and the arrival approved on Wednesday in the Assembly of the Republic, alters the entry in Portugal of Lusophone citizens, which now have to ask for a work visa or residence to obtain residence authorization.
Currently, in the case of Timorese and Brazilians, they can enter Portugal as tourists without visa and then require the permission of residence. Regarding the remaining citizens of the community, they must present tourism visas at the entrance of the country and then request the residence authorizations.
But if this law is promulgated by the President of the Republic, all CPLP citizens will need a visa to enter Portugal, even for tourism (with the exception of Timorese and Brazilians).
Marcelo is awake (and can veto)
The diploma has already been sent to promulgation by the President of the Republic, who It will still stand back. This is because Marcelo Rebelo de Sousa has enacted two other diplomas – the creation of the National Unit of Foreigners and Borders (UNEF) and changes to the IRS – the day the law of foreigners law has arrived at hand, which chose not to promulgate immediately.
The advance that the president may send the law for preventive inspection in the Constitutional Court or even veto it politically.
A opposition to the left PSD is also mobilized against this legislation. The PS, which cannot request preventive inspection in this case, admits to resort to successive inspection if Marcelo does not intervene.
“Great concern” in Brazil
The Secretary of State of the Portuguese Community said this Thursday that the Brazilian government transmitted him “Great concern” regarding the new law.
“This was clearly the great concern that was transmitted to me by the assistant minister. There is currently a great concern and seizure in the Brazilian with this change to foreign laws and borders,” Emídio Sousa told Lusa.
Emídio Sousa will have sought to transmit to the General Secretariat of Foreign Affairs of Brazil, the ambassador Maria Laura da Rocha, which This law is not against the Brazilian immigrant.
“What I tried to convey to the Minister is that Portugal felt the need to look at the situation of immigration very urgently, because we received in the last six years, five, six years, an excess of people and that this completely deregulated process that was happening, was not good even for those looking for Portugal, nor for those who are there,” he said, emphasizing that “it was being, from the humanist, bad point of view.”
“We as a country, a rule of law we are, a humanist country, a country of immigrants we are, and we have been and we will be” and where “social issues are taken very seriously,” they cannot “accept that people reach Portugal and have no living conditions,” said Emídio Sousa.
“We want and we will continue to receive immigrants in Portugal,” said the Secretary of State, because there are several sectors of economic activities that need the immigrant workforce.
“We have this full conscience and we want to continue to receive immigrants, but it cannot be absolutely uncontrolled, which caused phenomena that we had eradicated for years,” the official insisted, adding that “the country manifestly had no immediate conditions to respond to this avalanche of people.”
Emídio Sousa, therefore, said that he sought to convey that “it is nothing closely or far against the Brazilian immigrant” because the Brazilian community “always well seen and welcome to Portugal”.
“It is much more for the defense of the dignity of the immigrant,” he said.
Will Brazil retaliate? Has already left the “tip” to Portugal: “Portuguese have“ special status ”in Brazil
As for possible reciprocity measures by Brazil already admitted in an interview with Lusa in early July by the Brazilian Justice Minister, Emídio Sousa demonstrated concern.
This Thursday, the ambassador Carlos Sérgio Sobral Duarte, secretary of Africa and the Middle East of the Ministry of Foreign Affairs, which heads the Brazilian delegation in the summit, said that the Brazilian government “follows carefully” the changes to the law of foreigners and did not fail to remind “” privileged status “of the Portuguese immigrated in Brazil.
“Any measures that can impact the mobility or migratory regularization of Brazilian nationals in that country are accompanied by special attention”The official said.
Even by “’Status’ privileged that Portuguese citizens enjoy in Brazil”which is why Brazilian diplomacy will hold a new meeting of the bilateral subcommittee on consular matters and circulation of people with Portugal in Brasilia, he said.
“[Nesta ocasião] The implementation of initiatives for the welfare of our expats will be debated, ”said the ambassador, recalling that, under the agreement on CPLP mobility,” Brazil has sought to implement the agreement. “
“Brazil thus reinforces its commitment to the deepening of the ties that unite the people of Portuguese language,” he concluded.
Even so, Emídio Sousa believes in the “conscience” and “reasonableness” of Brazilian governance.
“Although I think that here is the awareness of the rulers of Brazil that Portugal does not depend exclusively on their will” because Portugal is inserted in the Schengen space and therefore subject “to rules that are not only from Portugal, they are from the European Union.”
“I think that Brazilian rulers also have this conscience and I I hope there is a whole consciencea reasonableness, in any measure, that realizes this conditioning that Portugal has, ”he said.
Family, work, courts. What changes?
Family release
One of the most impactful changes focus on the Family releasewhich is limited to residents with valid authorization for at least two years.
In addition, it will be necessary to prove that family members have previously lived with the resident in another country or that they depend financially from it.
The new legislation also requires that the applicant has proper housing and sufficient means of subsistence, without resorting to social support. The integration of members of the household also depends on the fulfillment of obligations such as the learning of the Portuguese language and the constitutional values.
The deadline for analysis of family regrouping requests increases in Three to nine monthsbeing eliminated the figure of tacit granting. Applications may consider public health, safety and health factors, including criteria defined by the World Health Organization.
Restriction of work visas
Another relevant change is the restriction of work search visas, which are attributed only for “qualified work”. These visas are intended for foreigners with specialized technical skills, whose framing will later be regulated by the government.
Did you get illegal? 5 to 7 years of penalty
The new law also introduces a re -entrying reentry in Portugal, during five yearsfor those who have entered or remained illegally. This period can be extended until seven years in cases considered as a serious threat to public order or safety.
Limited access to courts
Immigrant access to courts will also suffer if the law is passed.
The appeal to administrative justice will only be possible when a serious and irreversible violation of fundamental rights is at stake, which cannot be safeguarded by precautionary means.
