THE PORTUGUESE IMMIGRATION LEGAL FRAMEWORK - The effects on the Portuguese Immigration Legal Framework and Panorama following the approval of the Action Plan for Migrations

This Monday, July 3rd, 2024, the Ministers Cabinet approved an Action Plan for Migrations, which is targeted at correcting and solving the serious and major issues currently being faced in the legal framework concerning the entrance into Portuguese National Territory, AIMA’s operational incapacity and to ensure the efficiency and functionality of all border control systems, as well as the correct and just integration of immigrants.

According to the recently-elected Portuguese Prime Minister and the Portuguese Government, the amendment made by Law no. 59/2017, of July 31st, to the Law no. 23/2007, of July 4th, which allowed, through an expression of interest, the regularization of stays in national territory through the exercise of a subordinate or independent professional activity without a valid visa for this purpose - which had previously been of an occasional and extraordinary nature - has now, in an ill-considered way and compromising the principles assumed by Portugal and the European partners in the Schengen Area, become a general and standard regime for obtaining residence permits, with the mere registration of an expression of interest and the mere promise of a work contract being sufficient for this purpose.

The abusive and systematic use of this mechanism, coupled with the enormous demand, the vicissitudes of the lengthy process of abolishing the Foreigners and Borders Service and the inefficient distribution of the respective resources and attributions among various pre-existing and yet-to-be-created entities, has contributed to the situation in which the country finds itself in terms of legalizing and documenting foreign citizens, with hundreds of thousands of cases pending analysis and the inability of the competent services to provide timely responses.

In view of the context provided above, the Government approved and presented the Action Plan for Migrations, which being divided into four main areas of approach, aims to regulate and humanely integrate all immigrants, attract foreign talent and investment, among others, all whilst re-organizing institutional structures, in order to be more efficient and effective.

The Action Plan for Migrations counts with 41 (forty one) measures announced, which, duly summarized and capped by their importance and impact, are as follows:

Regulated Immigration

- Elimination of the so-called Expression of Interest Procedure

The Expression of Interest procedure is now cancelled, with immediate effect and for the future, by the Government Decree-Law no. 37-A/2024, of June 3rd – which is now in force, following its publication in the Portuguese Republic Official Gazette - meaning that an employment contract in effect will be required to obtain a residence visa.

Notwithstanding this decision, the Government is committed to processing all the applications already submitted, through a not yet defined grace period.

- Strengthen the response and processing capacity at Consular Offices.
- Prioritize entry channels for family reunification, young students and qualified professionals.
- Create a taskforce/mission structure to resolve the 400,00 plus pending visa applications.

With regards to the more than 400,000 pending cases, the Government is proposing an urgent resolution process, which involves the creation of a mission/taskforce structure that will include AIMA officials, inspectors from the previously extinct SEF and other “specialists recruited temporarily for this project”. The aim is to examine these requests in an expeditious manner and to speed up face-to-face assistance.

- Urgent intervention in existing border control infrastructures, IT systems and databases.

The Government’s Decree-Law also provides for the creation of the Foreigners and Borders Unit in the Police Service (PSP), which will be responsible for border control, return control and surveillance on national territory.

-Strengthen the operational framework of the CPLP Mobility Agreement.
-Create a multi-force surveillance team to combat abuses (human trafficking, illegal immigration, labour exploitation and human rights violations)

Boost Foreign Talent and Investment

- Establish of a system for attracting human capital in line with the country's needs.
- Promote the attraction and attendance of foreign students at Portuguese higher education institutions.
-Promote professional training and qualification of foreign citizens.
-Create instruments for the channeling of private capital into social investment in immigrant integration projects and affordable housing.

Whilst at first glance, no out of the ordinary consequences may result from the aforementioned, in a still very vague and imprecise wording, the Portuguese Government has introduced the possibility and the plan to create and adapt the Golden Visa program in order to introduce a new investment route.

Through this, foreign citizens who wish to apply for the Portuguese Golden Visa program will be allowed to invest in affordable housing and in reception facilities/infrastructures, integration projects and support for immigrants in vulnerable situations.

According to the Government, and although this option is still very much to be defined, in a nutshell, this will allow, for example, for foreign citizens to invest in the affordable housing market which locals can then buy or rent out, or for example, through the simple financing of projects that promote integration – via temporary reception centers, facilities, amongst others.

Humane Integration of Immigrants

- Increase in the number of places for asylum seekers and refugees in reception centers.
- Increase temporary and emergency accommodation capacity for immigrants, refugees and beneficiaries of international protection.
- Promote the professional integration of immigrants into the labour force.
- Increase the supply, coverage and frequency of Portuguese as a Non-Mother Tongue (PLNM) teaching.
- Make multilingual materials and guidelines available, including in functional Portuguese. Promote and manage immigrants' access to the National Health System.

Institutional Re-Organization

- Restructure of AIMA's competences and internal organization.
- Strengthen AIMA's human and technological resources, creating incentives for productivity and performance.
- Transfer of the responsibility of dealing with applications for renewal of residence permits from IRN to AIMA.
- Extension of the face-to-face services available to immigrant citizens for the request of their sectoral identifiers (NIF, NISS, NNU).
- Reinstate the Migration Observatory as a state body to inform and better advise on public policies.

In light of the above, and with a renewed sense of trust, the measures announced by the Government and included in the Action Plan for Migrations seem to have the potential to have immense impacts, regardless of the smaller picture or the specificities of each case (i.e., the visa being applied for, the nationality of the applicant, etc…). By enacting policies that aim to further regulate and humanely integrate all immigrants, boost foreign talent and investment, re-organize institutional structures, amongst others, the Portuguese Government is showcasing its commitment to promote a quick and efficient resolution to the constraints and issues currently being faced, whilst keeping a humane and sustainable approach to all migration policies. However, the success of these measures will ultimately depend on their effective implementation and ongoing commitment.

The information contained in this legal notice is of general interest and should not be used to make any specific decision without proper legal advice. Should you wish to obtain further guidance on the amendments implemented by the Law-Proposal aforementioned with regards to the Residence Permit for Investment Activities regime, please contact the Immigration Department of the Ana Bruno & Associados team and, in particular, the Partner, Filipe Eusébio (Cette adresse e-mail est protégée contre les robots spammeurs. Vous devez activer le JavaScript pour la visualiser.), the Associate Lawyers, João Vaz Teiga (Cette adresse e-mail est protégée contre les robots spammeurs. Vous devez activer le JavaScript pour la visualiser.) and Maria Teresa Roldão (Cette adresse e-mail est protégée contre les robots spammeurs. Vous devez activer le JavaScript pour la visualiser.), as well as Catarina Bárbara, Paralegal (Cette adresse e-mail est protégée contre les robots spammeurs. Vous devez activer le JavaScript pour la visualiser.).