There are new rules for family reunification, foreigners looking for work, CPLP citizens and deadlines for AIMA’s response.
After months of discussion – and a Constitutional Court lead – . O The President of the Republic was satisfied with the changes to the diploma, and this time he gave the green light to the law that approves the legal regime for the entry, stay, exit and removal of foreigners from national territory. What changed?
The diploma, revised and – with favorable votes from PSD, Chega, CDS-PP, IL and JPP and votes against from PS, Livre, PCP, BE and PAN – limits visas for job search to “qualified work”, changes the conditions for granting residence permits to citizens of the Community of Portuguese Speaking Countries (CPLP) and changes the rules for family reunification.
Which foreigners can bring their family to Portugal?
Family reunification was one of the biggest points of contention. With the new diploma, the principle remains that This right can only be exercised by foreign citizens who have a valid residence permit in Portugal “for at least two years”.
O The two-year period does not apply in the case of “minor or incapacitated” children nor to “spouse or equivalent, with the holder of a residence permit, parent or adopter of a dependent minor or incapacitated”.
For couples without children in common, a period of “15 months” of legal residence in Portugal is established for reunification with the “spouse or equivalent who has cohabited with the holder for at least 18 months in the period immediately prior to the holder’s entry into national territory”. Furthermore it is necessary that the union complies with the legal parameters recognized in Portugal, therefore excluding forced, polygamous or minor marriages
Keep the two years as a condition for requesting reunification with the other family memberschildren of legal age and ascendants (who are not incapable).
Are there exceptions?
O period of two years may still “be waived in duly substantiated exceptional casesby order of the member of the Government responsible for the area of migration, taking into account the nature and solidity of the person’s family ties and the effectiveness of their integration in Portugal, in light of the principles of human dignity and proportionality”.
Furthermore, they are exempt from minimum residence time gold visas, highly qualified professionals and those with the European Union blue card (for highly qualified professionals outside the EU).
Is having a house in Portugal a mandatory requirement?
To be able to bring the family to Portugal, the citizen foreigner must have adequate accommodation and means of sufficient subsistence (excluding social support such as family allowance or unemployment benefit).
Do foreign families have to know Portuguese?
After the residence permit has been granted, family members of emigrants who live in Portugal they must have training in the Portuguese language and constitutional values and, in the case of minors, attend school.
Renewal of the authorization then depends on proof of compliance with the measures or knowledge acquired, “except for reasons not attributable to the family member” or in exceptional cases motivated by humanitarian reasons.
How long does AIMA have to respond to requests?
The current law defines that the Agency for Migration and Asylum Integration (AIMA) has nine months to respond to requests. A Extension is only a possibility in exceptional cases and is not permitted, for example, in the case of reunion with minors.
In case of non-compliance, recourse to the courts is possible, with the complainant having to demonstrate that the lack of response from AIMA “compromises, in a demonstrably serious and direct manner, the timely exercise of rights, freedoms and personal guarantees, the protection of which cannot be effectively ensured through the available precautionary means”.
And for those looking for work?
Work search visas that allowed foreigners to come to Portugal in search of work are now restricted to “highly qualified” professionals.
What professions are in question? is not yet known. According to the text of the law, a joint ordinance will also be published between several ministries to define which professions fall into this category.
In the case of work visas for essential sectors (such as agriculture, construction civil, trade), the State may sign bilateral agreements with other countries to facilitate the issuance of visas and authorizations residence.
What changes for CPLP citizens?
The Government retreated from the possibility of introducing exceptions. Citizens from the Community of Portuguese Speaking Countries must have a residence visathat is, they are obliged to ask residence permit in Portugal in Portuguese consulates in the countries of origin, as well as all other foreign citizens.
They will also be subject to a security check by the Internal Security System (SSI).
What raised doubts for Marcelo Rebelo de Sousa about his first diploma?
The President of the Republic consider that “the diploma now revised and approved by 70% of the deputies, minimally corresponds to the essential of the doubts of unconstitutionality raised by the President of the Republic and confirmed by the Constitutional Court”.
Constitutional Court ruled him right. On August 8th on right to family reunification and conditions for its exercise and right to appeal, due to violation of Constitutional norms on the right to found a family and coexistence between parents and children, among others, and the principle of reservation of law in matters of rights, freedoms and guarantees.
