immigration in portugal
Transcription
immigration in portugal
IMMIGRATION IN PORTUGAL Useful Information 2 IMMIGRATION IN PORTUGAL INDEX IMMIGRATION IN PORTUGAL – Useful Information 07 Legal Framework 59 Family Reunification 71 Access to Health Care 99 Acess to Education 113 Recognition of Qualifications and Skills 157 Social Security 203 Portuguese Nationality 243 Voluntary Return 255 Legal Measures to Combat Racism and Xenophobia 273 ACIDI, I.P. - Services 3 4 IMMIGRATION IN PORTUGAL USEFUL INFORMATION 5 This guide is a compilation of information relating to the rights and duties of immigrants who choose Portugal as a receiving country. It is organised into chapters, each referring to a specific area: legal framework, family reunification, access to healthcare, access to education, recognition of qualifications and skills, social security, Portuguese nationality, voluntary return and legal measures for combating racism. In order to facilitate consultation, each information section has a colour to differentiate it, followed by a number of useful contacts. The last chapter contains all information about ACIDI and the services provided to clients, as well as its national information network and useful contacts. 6 IMMIGRATION IN PORTUGAL LEGAL FRAMEWORK 7 LAW NO. 23/2007, OF 4 JULY The immigration law governs the conditions and procedures for the entry, residence, exit and removal of foreign nationals in Portuguese territory, as well as the status of long-term residents. This first chapter aims to explain how to be granted entry into Portugal, what types of visa are available, what residence permits are, how the deportation system works, and also what documents are needed and where to lodge them. This document is an information summary only and does not address all the issues that may arise in specific cases. If you have any questions, please contact the Office of the High Commissioner for Immigration and Intercultural Dialogue (ACIDI, I.P.) or the SOS Immigrant Line (808257257). 8 IMMIGRATION IN PORTUGAL WHAT ARE THE REQUIREMENTS FOR ENTRY INTO PORTUGAL? To enter Portugal foreign nationals must: 1. Be holders of a valid and recognised travel document (passport). This document must be valid for a period that is at least three months more than the intended duration of stay, except in the case of a foreign national returning to his country of residence; 2. Be holders of an entry visa that is valid and appropriate to the intended purpose of the visit (the visa only gives the holder the right to present himself at a border checkpoint and request entry into the country, and does not confer an automatic right to enter Portugal); 3. Have sufficient means of subsistence during the period of stay and for travel back to the country where they are guaranteed entry. The “means of subsistence” requirement may be dispensed with on presentation of a statement on accommodation/bearing of costs, which is signed by a Portuguese national or a foreign national with permanent residence authorisation and which guarantees the means of subsistence during the stay in Portuguese territory and the reimbursement of removal expenses, in the case of illegal stay. The acceptance of the statement on accommodation/ bearing of costs by the Foreign Nationals and Border Control Service (SEF) will depend on proof of the financial capacity of the person making the statement. Under this law, the statement on accommodation/ bearing of costs may by itself form the basis of a claim against that person for payment of the removal expenses in case of illegal stay of the foreign national. LEGAL FRAMEWORK 9 CAN I ENTER PORTUGAL WITHOUT A VISA? Foreign nationals may enter Portugal without a visa when they are: 1. Nationals who have a valid residence permit, an extension of stay permit or, in the case of the staff of accredited embassies and consulates, that have a valid identity card issued by the Ministry of Foreign Affairs; 2. Nationals who benefit from a visa exemption under the terms of international conventions to which Portugal is a party. CAN I BE REFUSED ENTRY INTO PORTUGAL? Yes, your entry into Portugal may be refused if: 1. You are not the holder of a valid and recognised travel document (passport); 2. You are not the holder of a visa that is valid and appropriate to the intended purpose of the visit; 3. You have presented a travel document that is false, has been falsified, belongs to another or was illegally obtained; 4. You do not have sufficient means of subsistence; 5. You represent a danger or serious threat to public order, national safety, public health or international relations; 6. You are included in the list of persons banned from entering the country. The decision to refuse entry into Portugal rests with the Director General of SEF. WHAT CAN I DO ABOUT THE REFUSAL TO ALLOW ENTRY? The decision to refuse entry may be appealed against before the Administrative Courts. 10 IMMIGRATION IN PORTUGAL IF I APPEAL AGAINST THE DECISION, AM I ALLOWED TO ENTER THE COUNTRY? Appealing against the decision has a devolutive effect (transfers the power to make the decision to another person or body) but does not suspend the decision to refuse entry. WHAT RIGHTS DO I HAVE AS A FOREIGN NATIONAL WHO HAS BEEN REFUSED ENTRY? During his stay in the international area of an airport or at a temporary reception centre, the foreign national who has been refused entry into Portugal can: - Communicate with the diplomatic or consular representative of his country or with any person of his choice; - Use the services of an interpreter; - Have access to health care, including the services of a medical practitioner, where necessary; - Be provided with the necessary support to meet his basic needs; - Have access to the timely services of a lawyer (paid for by himself). IN WHAT CASES MAY I NOT BE DENIED ENTRY INTO PORTUGAL? Entry into Portugal cannot be denied to foreign nationals who: a) Were born in Portuguese territory and who have their normal residence in Portugal; b) Have dependent children who are minors and Portuguese nationals, and in respect of which they exercise parental authority, and for whom they provide maintenance and education; c) Have dependent children who are minors, nationals of a third country and legal residents in Portugal, and in respect of which they exercise parental authority and for whom they provide maintenance and education. LEGAL FRAMEWORK 11 WHAT TYPES OF VISA ARE THERE? Visas are either issued abroad or at border checkpoints. WHAT TYPES OF VISA ARE ISSUED ABROAD? Portuguese embassies and consular posts can issue several types of visa. Each visa has a different purpose, a period of validity and grants temporary stay in the country only for the purpose for which it was granted. The following types of visa are available: 1. Airport transit visa (ATV); 2. Transit visa; 3. Short-stay visa; 4. Temporary stay visa; 5. Residence visa. WHAT IS AN AIRPORT TRANSIT VISA (ATV)? The ATV is issued for international travel connections, and allows the holder to pass through an airport or port, but only gives access to the international area of the airport or sea port. The visa application shall be accompanied by the following: - A copy of the ticket to the country of final destination; - Proof that the passenger holds a valid entry visa for that country, where such a visa is required. WHAT IS A TRANSIT VISA? This visa allows entry into Portugal to a citizen of a third country en route to another country which has granted him entry. This visa may be granted for one or more entries, but the period of each transit may not exceed five days. 12 IMMIGRATION IN PORTUGAL The visa application shall be accompanied by the following: - A copy of the ticket to the country of final destination; - Proof that the passenger holds a valid entry visa for that country, where such a visa is required; - Proof that the passenger has sufficient means of subsistence, both for the period of stay and for travel back to the country where he is guaranteed entry. WHAT IS A SHORT STAY VISA? This visa allows the holder to enter Portugal for reasons that are acceptable to the relevant authorities but which do not justify the grant of another type of visa. This visa may be valid for a period of up to one year (period of use of the visa) but only allows short stays in Portugal for periods not exceeding 3 months in any half-year. WHAT ARE THE REQUIREMENTS FOR A SHORT STAY VISA? Short stay visas are granted only to third-country nationals who meet the following conditions: 1. Have not been subjected to an order to leave the country and where the period of prohibition of entry into Portuguese territory is still running; 2. Are not persons in respect of whom an alert has been issued by any of the Contracting Parties in the Schengen Information System for the purpose of refusing entry; 3. Are not persons in respect of whom an alert has been issued in SEF’s Integrated Information System for the purpose of refusing entry; 4. Have sufficient means of subsistence; LEGAL FRAMEWORK 13 5. Are holders of a valid travel document; 6. Have travel insurance; 7. Have a ticket that ensures their return travel. The visa application shall be accompanied by the following: - Proof as to the purpose of the stay; - Proof as to the means of subsistence during the stay. WHAT IS A TEMPORARY STAY VISA? This visa allows entry into Portugal for the purposes of: 1. Medical treatment at official or officially recognised health care institutions; 2. Allowing nationals of member states of the World Trade Organisation to carry out service provision or vocational training actions in other states; 3. Carrying out a professional activity as an employee or as a self-employed person, on a temporary basis; 4. Conducting scientific research, teaching at a higher education institution or carrying out highly-skilled work; 5. Practice of an amateur sport activity, if certified by the relevant federation; 6. Stays longer than three months, in special cases and where duly substantiated; 7. Accompanying family members who enter the country to receive medical treatment at official or officially recognised health care institutions. This visa is valid for 3 months except in cases of temporary professional activities where it is valid for the period of the work contract. 14 IMMIGRATION IN PORTUGAL WHAT ARE THE REQUIREMENTS FOR A TEMPORARY STAY VISA? In addition to the special requirements that apply to each type of visa, temporary stay visas are granted only to third-country nationals who meet the following conditions: 1. Have not been subjected to an order to leave the country and where the period of prohibition of entry into Portuguese territory is still running; 2. Are not persons in respect of whom an alert has been issued by any of the Contracting Parties in the Schengen Information System for the purpose of refusing entry; 3. Are not persons in respect of which an alert has been issued in SEF’s Integrated Information System for the purpose of refusing entry; 4. Have sufficient means of subsistence; 5. Are holders of a valid travel document; 6. Have travel insurance; 7. Have a ticket that ensures their return travel. IN ADDITION TO THE GENERAL REQUIREMENTS, WHAT OTHER REQUIREMENTS MUST I MEET? Depending on the purpose of the temporary stay visa, you must satisfy the following specific conditions: Temporary stay visa for medical treatment at official or officially recognised health care institutions The application must be accompanied by a medical report and by a supporting document that establishes the applicant’s admission to or out-patient treatment at an official or officially recognised health care institution. Temporary stay visas for transfers of nationals of member States of the World Trade Organisation (WTO) Temporary stay visas are granted to nationals of WTO member States to allow them to carry out service pro- LEGAL FRAMEWORK 15 vision or vocational training actions in Portuguese territory, provided that they meet the following requirements: 1. As regards companies: The foreign national must be transferred to a branch of the same company or group of companies, and the branch located in Portuguese territory must provide services equivalent to those provided by the branch in the country from which the national is transferred. 2. As regards workers: The transfer must concern partners or employees who have been working for the company for at least one year at the branch located in the other member State of the World Trade Organisation, and these workers must satisfy the following conditions: - They are senior executives of the company and branch or department managers, working under the Management Board; - They have specific technical knowledge that is essential to the development or management of the activity, the research equipment, and the processes involved; - They are due to receive vocational training at the branch located in Portuguese territory. Temporary stay visas for the purposes of carrying out a professional activity, as an employee or as a self-employed person, on a temporary basis Temporary stay visas may be granted to third-country nationals who want to carry out a professional activity in Portugal, as employees or as self-employed persons, on a temporary basis, provided that: a) They hold or have been promised an employment contract to carry out a professional ac- 16 IMMIGRATION IN PORTUGAL tivity as an employee, on a temporary basis; or b) They hold a partnership agreement or a contract for services to carry out a professional activity as a self-employed person, on a temporary basis; c) Where applicable, they have a statement from the relevant authority that certifies the existence of the special skills necessary for the practice of that professional activity in Portugal; d) They have a statement issued by the IEFP to the effect that the actual or promised contract is for a job offer available to third-country nationals. HOW DOES THIS PROCEDURE WORK? - The IEFP evaluates the offers for temporary appointments submitted by employers; - That entity publicises the offers on a specific page of its Internet site, 30 days after the offers were submitted; - The embassies and consular posts access the information on the IEFP Internet site and publicise the job offers in specific sites and via the diplomatic channels, on the appropriate services of the third country; - The third-country nationals who want to apply for the temporary job send the application to the employer at their address; - After making their selection, the employers notify the successful candidate directly and send him the necessary documentation; - The worker may then apply for a visa at the consular post. Temporary stay visas for researchers, teachers and highly-skilled workers Temporary stay visas may be granted to third-country nationals who are researchers, higher education teach- LEGAL FRAMEWORK 17 ers or highly-skilled workers, and who want to work in Portugal for a period of less than twelve months, provided that: 1- As regards researchers: They have been selected to work in a research centre recognised by the Ministry of Science, Technology and Higher Education, namely through: a) An actual or promised employment contract; or b) A contract for services, actual or proposed; or c) A scientific research scholarship. 2 – As regards higher education teachers or highlyskilled workers: a) An actual or promised employment contract; or b) An actual contract for services or a written proposal to that effect. Temporary stay visa for practice of amateur sport activities Temporary stay visas may be granted to third-country nationals who want to practice an amateur sport in Portugal, provided the activity has been certified by the relevant federation and provided the club or sports association bears the costs of accommodation and health care. The application shall be accompanied by the following: - A document issued by the relevant Federation that confirms the practice of the sport; - A statement by the sports association or club, which declares itself responsible for payment of accommodation, health care and repatriation expenses. 18 IMMIGRATION IN PORTUGAL Temporary stay visas – exceptional cases Temporary stay visas may be granted to third-country nationals who need to stay in Portugal for periods of more than 3 months, in exceptional cases and where duly substantiated. The application shall be accompanied by evidence of the exceptional circumstances. Temporary stay visa for accompanying family members who enter to receive medical treatment The application shall be accompanied by a document that proves the family relationship. For the purposes of this type of visa, the following persons are considered to be family members: the spouse, legal or de facto, relatives in the ascending line, children or persons with a blood relationship; and where the person seeking the visa is a minor or disabled and there are no family members, the person who has custody or relatives of this person. WHAT IS A RESIDENCE VISA? This visa allows the holder to enter Portugal for the purposes of applying for a residence permit. This visa allows the holder to stay in Portugal for 4 months so that he may lodge an application for a residence permit at the SEF. As a general rule, the time for making the decision on the visa application is 60 days. IF I HAVE A RESIDENCE VISA, AM I CONSIDERED A RESIDENT? No, you are not. The holder of a residence visa is not a resident, he is only authorised to apply for a residence permit. LEGAL FRAMEWORK 19 I AM THE HOLDER OF A RESIDENCE VISA. CAN I BE REFUSED PERMISSION TO RESIDE IN PORTUGAL? Yes. The fact that you have a residence visa does not make it mandatory for SEF to grant you a residence permit. You have to meet other requirements. HOW MANY TYPES OF RESIDENCE VISAS ARE THERE? There are 6 types of residence visa, depending on the purpose of the request: 1. Residence visa for carrying out a professional activity as an employee; 2. Residence visa for carrying out a professional activity as a self-employed person or for immigrant entrepreneurs; 3. Residence visa for researchers or highly-skilled workers; 4. Residence visa for study, student exchange, traineeship or voluntary service; 5. Residence visa to facilitate the mobility of tertiary students; 6. Residence visa for the purposes of family reunification. WHAT ARE THE GENERAL REQUIREMENTS FOR A RESIDENCE VISA? In addition to the special requirements that apply to each type of visa, residence visas are granted only to third-country nationals who satisfy the following conditions: 1. Have not been subjected to an order to leave the country and where the period of prohibition of entry into Portuguese territory is still running; 20 IMMIGRATION IN PORTUGAL 2. Are not persons in respect of whom an alert has been issued by any of the Contracting Parties in the Schengen Information System for the purpose of refusing entry; 3. Are not persons in respect of whom an alert has been issued in SEF’s Integrated Information System for the purpose of refusing entry; 4. Have sufficient means of subsistence; 5. Are holders of a valid travel document; 6. Have travel insurance; 7. Have a ticket that ensures their return travel. WHAT ARE THE SPECIFIC REQUIREMENTS THAT APPLY TO A RESIDENCE VISA FOR CARRYING OUT A PROFESSIONAL ACTIVITY AS AN EMPLOYEE? In addition to the abovementioned general requirements, you must also satisfy the following: a) To be the holder of an actual or promised employment contract; or b) To have qualifications, competencies and skills that are recognised and appropriate to the practice of the activity, and to have received a specific expression of interest from the employer. I WOULD LIKE TO WORK IN PORTUGAL. WHAT SHOULD I DO TO OBTAIN A RESIDENCE VISA FOR EXERCISING A PROFESSIONAL ACTIVITY AS AN EMPLOYEE? This type of visa is granted in circumstances where job opportunities exist but have not been taken up by: Portuguese nationals, or nationals of European Union Member States or of the European Economic Area, or nationals of third countries with whom the European Community has an agreement on the free movement of persons, as well as workers who are third-country nationals and legal residents in Portugal. LEGAL FRAMEWORK 21 For this purpose, the Government sets an annual overall quota of job opportunities, from which it may exclude those sectors or activities where labour is not needed. The Institute for Employment and Vocational Training (IEFP) maintains an up-to-date information system accessible via the Internet that advertises the available job offers; these are also passed on to the Portuguese embassies and consular posts. The embassies and consular posts access the information on the IEFP Internet site and publicise the job offers in specific sites and via the diplomatic channels, on the appropriate services of the third country. The third-country nationals who want to apply for a job send the application to the employer at their address. The employer then sends the successful candidate the actual employment contract or a promise to contract, as well as a statement issued by the IEFP to the effect that the job offer is included in the quota and was not taken by a worker who benefits from preferential status. WHAT ARE THE REQUIREMENTS FOR A RESIDENCE VISA FOR EXERCISING A PROFESSIONAL ACTIVITY AS A SELF-EMPLOYED PERSON, AND FOR IMMIGRANT ENTREPRENEURS? 1. Visas for obtaining residence permits may be granted to third-country nationals who want to carry out professional activities as self-employed workers, provided they meet the following requirements: a) They hold a partnership agreement or a contract for services, or a written proposal for such a contract; c) They hold a statement from the relevant authority that certifies compliance with 22 IMMIGRATION IN PORTUGAL any special criteria required for practice of a professional activity (where applicable); 2. Immigrant entrepreneurs who want to make investments in Portugal may be granted a residence visa, provided that: a) They make a statement to the effect that they have conducted or intend to conduct investment activities in Portugal, specifying the nature, value and duration of those activities; and b) They have evidence that they have conducted investment activities; or c) Evidence that they have the necessary financial means, including funds obtained from a Portuguese financial institution, and that they intend to conduct investment activities in Portugal, which activities have been sufficiently identified and described. The visa request will be evaluated taking into account the economic, social, scientific, technological and/or cultural importance of the investment. WHAT ARE THE REQUIREMENTS FOR A RESIDENCE VISA FOR RESEARCH OR HIGHLY-SKILLED WORK OR FOR TEACHING AT A HIGHER EDUCATION INSTITUTION? A residence visa for research will be granted to thirdcountry nationals, provided that: They are selected to work at a research centre recognised by the Ministry of Science, Technology and Higher Education, as demonstrated by: a) An actual or promised employment contract; or LEGAL FRAMEWORK 23 b) A contract for services, or a written proposal for such a contract; or c) A scientific research scholarship. Residence visas are granted to third-country nationals for teaching at a tertiary institution or carrying out highly-skilled work, provided that they have: a) An actual or promised employment contract; or b) An actual contract for services or a written proposal to that effect. The granting of visas to highly-skilled workers must be previously approved by the MCTES in cases where questions arise in relation to the classification of the activity requiring highly-skilled work. The time period for making a decision on the visa application is 20 days, after which the lack of a decision shall be read as an approval. WHAT ARE THE REQUIREMENTS FOR A RESIDENCE VISA FOR STUDY, STUDENT EXCHANGE, TRAINEESHIP OR VOLUNTARY SERVICE? Visas for obtaining residence permits for the abovementioned purposes are granted to third-country nationals, provided that: Higher education a) They hold a travel document that is valid for the intended duration of the stay or longer; b) They have the consent of the person who has parental authority over them, in the case of minors; c) They satisfy the admission requirements for entry into a higher education institution. Secondary Education a) They hold a travel document that is valid for 24 IMMIGRATION IN PORTUGAL the intended duration of the stay or longer; b) They have the consent of the person who has parental authority over them, in the case of minors; c) They meet the minimum and maximum age requirements as set by regulation; d) They have been admitted to a secondary education institution; e) For the duration of the stay, they are to be hosted by a family that satisfies the conditions established by the exchange programme, or they have otherwise ensured their accommodation. Unpaid Placement a) They hold a travel document that is valid for the intended duration of the stay or longer; b) They have the consent of the person who has parental authority over them, in the case of minors; c) They have been accepted into an enterprise as unpaid trainees or into an approved vocational training organisation. Participation in a Voluntary Service Scheme a) They meet the minimum age requirement (established by regulation); b) They have a placement with a voluntary service organisation in Portugal, being an officially recognised organisation. WHAT ARE THE REQUIREMENTS FOR A RESIDENCE VISA TO FACILITATE THE MOBILITY OF STUDENTS? You must be a third-country national, have residence as a tertiary student in a European Union Member State, and apply to continue a course of study commenced in another country or to undertake a related course of study, in Portugal. LEGAL FRAMEWORK 25 The application must be accompanied by the following documents: – A travel document valid for the intended period of stay; – The written consent of the person(s) who has parental authority over them (in the case of minors); – Evidence that they satisfy the admission requirements for entry into a higher education institution; – Evidence of participation in a Community or bilateral exchange programme, or of acceptance as a student in a European Union Member State for a period of not less than 2 years. The time limit for granting this visa cannot exceed 60 days. WHAT ARE THE REQUIREMENTS FOR A RESIDENCE VISA FOR THE PURPOSES OF FAMILY REUNIFICATION? The grant of this residence visa follows from the approval of the family reunification request submitted by the applicant to the SEF services in his area of residence (the request must be accompanied by the documentation required by law). On this subject, please consult the Family reunification chapter. I ARRIVED IN PORTUGAL WITHOUT A VISA. WHAT SHOULD I DO? The Director-General of SEF can issue the following types of visa at border checkpoints: 1. Transit visa; 2. Short stay visa; 3. Special visa. 26 IMMIGRATION IN PORTUGAL WHAT IS A SPECIAL VISA? The Minister for Home Affairs may, by administrative order, issue a visa allowing entry and temporary stay in the country to foreign nationals who do not meet all the legal requirements, on humanitarian grounds or public interest grounds. I AM A RELATIVE OF A PORTUGUESE NATIONAL. DO I HAVE TO MEET ALL THE ABOVE REQUIREMENTS TO ENTER PORTUGAL? Foreign nationals who are relatives of Portuguese nationals have the same rights as relatives of other European Union nationals as provided for by Law no. 37/2006, of 9 August (you can find this law at www.acidi.gov.pt). CAN MY ENTRY VISA TO PORTUGAL BE CANCELLED? Yes. The visa can be cancelled by the issuing entity abroad or by the SEF in Portugal. ON WHAT GROUNDS CAN MY ENTRY VISA BE DECLARED VOID? The visa can be declared void when an alert is issued in the Schengen Information System or in SEF’s Integrated Information System for refusing entry to the holder, or where the holder makes false declarations in the application for the visa. CAN I BE REFUSED ENTRY INTO PORTUGAL? Your entry into Portugal may be refused on the following grounds: 1. You are not the holder of a valid and recognised travel document (passport); 2. You are not the holder of a visa that is both valid and appropriate to the intended purpose of the visit; 3. You do not have sufficient means of subsistence; LEGAL FRAMEWORK 27 4. You represent a danger or serious threat to public order, national safety, public health or international relations; 5. You are a person in respect of whom an alert has been issued in the Schengen Information System or in SEF’s Integrated Information System for the purpose of refusing entry. The decision to refuse entry into Portugal rests with the Director General of SEF. UNDER WHAT CIRCUMSTANCES IS AN ALERT ISSUED FOR THE PURPOSE OF REFUSING ENTRY TO A FOREIGN NATIONAL? Alerts are issued in SEF’s Integrated Information System for the purpose of refusing entry to foreign nationals: a) Who have been deported from Portugal; b) Who have been returned to another country under a readmission agreement; c) When there are strong grounds for suspecting that they have committed serious criminal offences; d) When there are strong grounds for suspecting that they intend to commit serious criminal offences, or that they represent a threat to public order, national safety or international relations; e) Who have been taken back to the border. Alerts are also issued, during a period of 3 years after the person has left the country, in relation to persons who have received assistance for voluntary return; the alerts may be removed if the persons repay the amounts received together with interest at the rate set by law. For the purpose of refusing entry, alerts may be issued in relation to foreign nationals who have been definitively sentenced to at least one year’s imprisonment, irrespective of whether the sentence was served, or there were other sen- 28 IMMIGRATION IN PORTUGAL tences for the same penalty, even if the sentence was suspended. The Director-general of SEF is responsible for issuing alerts for foreign nationals on the Schengen Information System or on SEF’s Integrated Information System for the purpose of refusing their entry. CAN MY ENTRY VISA TO PORTUGAL BE CANCELLED? The visa may be cancelled where one of the following applies: 1. When the holder does not meet or has ceased to meet the conditions under which the visa was granted; 2. When the visa has been issued as a result of false declarations by the applicant, or the use of fraudulent means, or false statements about the reasons for entering the country; 3. When the holder has been notified of a deportation order. Residence visas and temporary stay visas may be cancelled where the holders leave the country for more than 60 days, during the period of validity of the visas, without a valid reason. The residence visa will be cancelled when the application for a residence permit is dismissed. The decision to cancel a visa, after entry into Portugal, is the responsibility of the Minister for Home Affairs, who may delegate this responsibility to the Director-general of SEF. THE PERIOD OF VALIDITY OF MY VISA HAS EXPIRED. WHAT SHOULD I DO TO REMAIN IN PORTUGAL? If you want to remain in Portugal beyond the period of validity of your visa, you can ask the Director General of LEGAL FRAMEWORK 29 SEF for an extension of your stay; the extension will be granted only if the conditions under which you entered Portugal remain the same (except in duly substantiated cases). Please note: Without prejudice to the sanctions provided by law and except for exceptional circumstances, applications for extension of the stay will not be considered when they are submitted 30 days or more after the expiry date of the authorised stay. ARE THERE LIMITS TO THE EXTENSION OF MY STAY? An extension of stay will only be granted for a limited period of time, which varies according to the type of visa. An extension of stay may be granted for: 1. A period of up to 5 days, in the case of a transit visa; 2. A period of up to 60 days, in the case of a special visa; 3. A period of up to 90 days, if the applicant holds a residence visa; 4. A period of up to 90 days, renewable for a further 90 days, in the case of a short stay visa or where a visa is not required; 5. A period of up to 12 months, renewable for a further 12 months, if the applicant holds a temporary stay visa, except where such visa was granted for carrying out a professional activity, on a temporary basis, in which case the renewal will be for a maximum period of 90 days. AND WHAT ABOUT MY RELATIVES? An extension of stay for the relatives of a holder of a temporary stay visa will only be considered under exceptional circumstances, which arose following the legal entry into Portugal; however, the validity and period of 30 IMMIGRATION IN PORTUGAL the extension may not exceed the validity and period of the original visa granted to the relatives. WHO IS CONSIDERED A LEGAL RESIDENT UNDER THE CURRENT IMMIGRATION LAW? Under the current law, a legal resident is a foreign national who holds a residence permit that is valid for one year or more. A residence permit is a document issued in accordance with the rules and uniform format of the European Union; it is an authorisation to reside granted to third-country nationals. WHAT IS A RESIDENCE PERMIT? A residence permit is an official document issued by the Portuguese authorities which allows foreign nationals to reside in Portugal for a defined or an indefinite period of time, as the case may be. There are two types of residence permit: temporary and permanent. For all legal purposes, the residence permit is regarded as the identity document of the foreign national. The residence permit is the only identity document that constitutes proof of the status of legal resident in Portugal. WHAT IS A TEMPORARY RESIDENCE PERMIT? The temporary residence permit is the official document which allows foreign nationals to reside in Portugal for a defined period of time, and has the following characteristics: 1. As a general rule, it is valid for one year from the date of issue of the permit; 2. It may be renewed for successive periods of two years; 3. The residence permit must be reissued if there is any change in the personal data recorded on it. LEGAL FRAMEWORK 31 WHAT IS A PERMANENT RESIDENCE PERMIT? The permanent residence permit is the official document which allows foreign nationals to reside in Portugal for an indefinite period of time, and has the following characteristics: 1. It has no expiry date; 2. The residence permit must be reissued every five years or whenever necessary, that is, whenever any alteration to the personal data is required. WHAT TYPES OF RESIDENCE PERMITS ARE THERE? • For carrying out a professional activity as an employee; • For carrying out a professional activity as a selfemployed person; • For conducting research activities or carrying out highly-skilled work; • For study at a secondary education institution; • For study at a higher education institution; • For unpaid traineeships; • For participation in a voluntary service scheme; • For the purposes of family reunification. There are also other types of residence permit: 1 – Residence permits for persons who are victims of trafficking in persons or have been the subject of an action to facilitate illegal immigration; 2 – Residence permits for persons who have long-term resident status in another European Union Member State. 32 IMMIGRATION IN PORTUGAL WHAT ARE THE REQUIREMENTS FOR A TEMPORARY RESIDENCE PERMIT? To be granted a temporary residence permit, the applicant must satisfy the following general conditions, as well as other special conditions that depend on the purpose of the permit: 1. He must hold a valid residence visa; 2. He must be on Portuguese territory; 3. Absence of any fact which, had it been known to the authorities before the visa was issued, would have prevented the grant of the visa; 4. He must have sufficient means of subsistence; 5. He has accommodation; 6. He is registered with the social security office; 7. Absence of any conviction for a criminal offence which in Portugal is punishable by a sentence of imprisonment of more than one year; 8. He is not prohibited from entering the country, as a result of a deportation order; 9. He is not a person in respect of whom an alert has been issued in the Schengen Information System; 10. He is not a person in respect of whom an alert has been issued in SEF’s Integrated Information System for the purpose of refusing entry; The residence permit may be refused for reasons related to public order, public safety or public health. WHO CAN APPLY FOR A RESIDENCE PERMIT? The application for a residence permit may be submitted by the applicant himself or by his legal representative, and may be extended to minors over whom the applicant has custody. LEGAL FRAMEWORK 33 WHERE DO I LODGE THE APPLICATION? As a general rule, the application should be submitted to the SEF in the area of residence of the applicant. WHAT ARE THE REQUIREMENTS FOR A RESIDENCE PERMIT FOR CARRYING OUT A PROFESSIONAL ACTIVITY AS AN EMPLOYEE? To be granted a temporary residence permit, and in addition to the abovementioned general conditions, the applicant must satisfy the following special conditions: 1 – He is the holder of an employment contract concluded in accordance with the law; 2 – He is registered with the social security office. In exceptional cases, and upon proposal of the Director General of SEF or the Minister for Home Affairs, the requirement to hold a valid residence visa may be dispensed with, provided that, in addition to the general conditions for the grant of a temporary residence permit, the foreign national satisfies the following conditions: 1 – He is the holder of an employment contract or has an employment relationship certified by a trade union, by an association recognised by the Advisory Council for Immigration, or by the Authority for Labour Conditions; 2 – He entered Portugal legally and he has remained in the country, also legally; 3 – He is registered with the social security office and has complied with all his obligations; 4 – He is registered with the tax authority. WHAT ARE THE REQUIREMENTS FOR A RESIDENCE PERMIT FOR CARRYING OUT A PROFESSIONAL ACTIVITY AS A SELF-EMPLOYED PERSON? To be granted a temporary residence permit, and in addition to the abovementioned general conditions, the 34 IMMIGRATION IN PORTUGAL applicant must satisfy the following special conditions: 1 – He has formed a company incorporated under Portuguese law, or he has formally declared to the tax authority and the social security office that he is working as a self-employed person, or he has concluded a contract for services to carry out a professional activity; 2 – He is qualified to carry out a professional activity as a self-employed person; 3 – He has sufficient means of subsistence; 4 – He is registered with the social security office. 5 – Where required, he presents a statement by the relevant professional association that he satisfies the requirements for affiliation. In exceptional cases, and upon proposal of the Director General of SEF or the Minister for Home Affairs, the requirement to hold a valid residence visa may be dispensed with, provided that the applicant entered Portugal legally and has remained in the country, also legally. I HAVE A RESIDENCE PERMIT FOR CARRYING OUT A PROFESSIONAL ACTIVITY AS A SELF-EMPLOYED PERSON. CAN I WORK AS AN EMPLOYEE? You may, provided that: - You have an employment contract; or - You have an employment relationship certified by a trade union, or by an association recognised by the Advisory Council for Immigration (COCAI); and - You are registered with the social security office and have complied with all your obligations. In this case, the residence permit will be altered accordingly. LEGAL FRAMEWORK 35 WHAT ARE THE REQUIREMENTS FOR A RESIDENCE PERMIT FOR RESEARCH OR HIGHLYSKILLED WORK OR FOR TEACHING AT A HIGHER EDUCATION INSTITUTION? To be granted a temporary residence permit, and in addition to the abovementioned general conditions, the applicant must satisfy the following special conditions: 1 – To have been selected to work at an officially recognised research centre, under an employment contract or a contract for services, or a research scholarship; or 2 – To have an employment contract or a contract for services that involves either teaching at a higher education institution or carrying out a highly-skilled activity; and 3 – To be registered with the social security office. The requirement to hold a valid visa may be dispensed with where the applicant has entered Portugal legally and has remained in the country, also legally. Under the law, the holder of a residence permit who has been selected to work at an officially recognised research centre may also work as a teacher. I AM A HIGHER EDUCATION STUDENT. WHAT ARE THE REQUIREMENTS FOR A RESIDENCE PERMIT? To be granted a temporary residence permit, and in addition to the abovementioned general conditions, the applicant must satisfy the following special conditions: 1 – He must provide evidence of the confirmation of enrolment and payment of fees at the relevant institution; 2 – He must have sufficient means of subsistence; 3 – He must be covered by the National Health Service or have health insurance. 36 IMMIGRATION IN PORTUGAL The residence permit is valid for one year and may be renewed for further periods of one year. However, if the duration of the course of studies is less than one year, the residence permit shall be valid only for the period of the duration of those studies. I AM A SECONDARY SCHOOL STUDENT. WHAT ARE THE REQUIREMENTS FOR A RESIDENCE PERMIT? To be granted a temporary residence permit, and in addition to the abovementioned general conditions, the applicant must satisfy the following special conditions: 1 – You must be enrolled at a secondary school; 2 – You must be covered by the National Health Service or have health insurance. The period of validity of the residence permit may not exceed one year but it may be renewed for a further period of one year, provided that the conditions of the grant remain. I AM THE HOLDER OF A RESIDENCE PERMIT FOR STUDY. AM I ALLOWED TO WORK AS AN EMPLOYEE? Yes, you are, but only outside school hours and with prior authorisation of SEF, and provided that you have an employment contract concluded in accordance with the law and that you are registered with the social security office. When the application is approved, you will be issued with a new residence permit of the same type and with the same period of validity as the original, and with the added mention of the work permit. LEGAL FRAMEWORK 37 I CAME TO SPEND MY HOLIDAYS WITH RELATIVES IN PORTUGAL. I WOULD LIKE TO STAY WITH THEM AND GO TO UNIVERSITY HERE. CAN I DO THAT, WITH MY TOURIST VISA? In exceptional cases, a residence permit may be granted for study at a higher education institution, provided that you meet the following conditions: 1 – You have entered Portugal legally and have remained here legally; 2 – You can provide evidence of the confirmation of enrolment and payment of fees at the relevant institution; 3 – You have sufficient means of subsistence; 4 – You are covered by the National Health Service or have health insurance. I AM AN UNPAID TRAINEE. WHAT ARE THE REQUIREMENTS FOR A RESIDENCE PERMIT? To be granted a temporary residence permit, and in addition to the abovementioned general conditions, the applicant must satisfy the following special conditions: 1 – You have a residence visa for an unpaid traineeship; 2 – You are covered by the National Health Service or have health insurance. 3 – You submit a traineeship agreement with a company or with an approved vocational training institution, duly certified by the Institute for Employment and Vocational Training (IEFP). The period of validity of the residence permit shall be the period of duration of the traineeship or a maximum of one year. In exceptional cases, the residence permit may be renewed only once, and strictly for the period of time necessary to obtain an officially recognised professional qualification. 38 IMMIGRATION IN PORTUGAL I HOLD A RESIDENCE PERMIT FOR AN UNPAID TRAINEESHIP. CAN I WORK? No, you can’t. The holder of a residence permit for an unpaid traineeship is not allowed to work as an employee. I AM A VOLUNTEER. WHAT ARE THE REQUIREMENTS FOR A RESIDENCE PERMIT? To be granted a temporary residence permit, and in addition to the abovementioned general conditions, the applicant must satisfy the following special conditions: 1 – You have a residence visa for participation in a voluntary service scheme; 2 – You are covered by the National Health Service or have health insurance. 3 – You present the contract with the organisation that is responsible for the voluntary service scheme in Portugal, including the following details: a) Description of work duties and conditions; b) Working hours; c) Training details, if applicable. Except for exceptional cases, the validity of the residence permit may not exceed one year. The residence permit is not renewable. I HOLD A RESIDENCE PERMIT FOR PARTICIPATION IN A VOLUNTARY SERVICE SCHEME. CAN I WORK? No, you cannot. The holders of residence permits for participation in a voluntary service scheme are not allowed to work as employees. LEGAL FRAMEWORK 39 I HAVE LONG-TERM RESIDENT STATUS IN ANOTHER EUROPEAN UNION MEMBER STATE. WHAT ARE THE REQUIREMENTS FOR OBTAINING A RESIDENCE PERMIT FOR PORTUGAL? If you remain in Portuguese territory for a period longer than 3 months, you are entitled to a residence permit provided that you are not employed by a supplier of crossborder services or are not a supplier of crossborder services, and provided that: a) You work as an employee; or a) You work as a self-employed person; or c) You attend a course of studies or a vocational training course; or d) You present a credible reason for wanting to reside in Portuguese territory; and e) You have sufficient means of subsistence; f) You have accommodation. The application for the residence permit must be submitted to SEF no later than 3 months after the date of entry into Portuguese territory and must be accompanied by the documents which prove that the applicant meets the abovementioned conditions, as well as a document that proves the long-term resident status and a valid travel document (or certified copies of those documents). The decision on the application for the residence permit shall be made within 3 months; this time limit may be extended for a further period not exceeding 3 months if the application did not include the aforementioned documents or if the case is unusually complex; the applicant shall be notified of the extension of time. If a decision is not made within six months, the application for the residence permit shall be taken as approved. 40 IMMIGRATION IN PORTUGAL WHAT IS THE TIME LIMIT FOR MAKING A DECISION ON AN APPLICATION FOR A RESIDENCE PERMIT? The decision on an application for a residence permit shall be made within 60 days. CAN I WORK WHILE I WAIT FOR THE DECISION ON MY APPLICATION FOR A RESIDENCE PERMIT? While the decision on the application for a residence permit is pending (for reasons non-attributable to the applicant), the holder of a residence visa may, in so far as the law allows, carry out a professional activity connected with the specific type of residence permit. WHAT MUST I DO TO RENEW A TEMPORARY RESIDENCE PERMIT? Article 63 of the implementing decree requires that you submit a valid passport or other valid travel document and the request for a Portuguese criminal record check by SEF. The temporary residence permit of third-country nationals will only be renewed if the nationals: a) Have sufficient means of subsistence; b) Have accommodation available; c) Have complied with all their obligations as regards the Tax Authority and the Social Security Office; d) Have not been sentenced to a term or terms of imprisonment that, separately or jointly, exceed one year. The residence permit may not be renewed for reasons related to public order or public safety. WHEN SHOULD I APPLY FOR RENEWAL OF MY RESIDENCE PERMIT? An application for renewal of a temporary residence permit must be submitted no later than 30 days before the expiry date of the permit. LEGAL FRAMEWORK WHAT IS THE TIME LIMIT FOR MAKING A DECISION ON RENEWAL OF A RESIDENCE PERMIT? The decision must be made within 30 days. The lack of a decision within that time limit, for reasons not-attributable to the applicant, shall be taken as an approval of the application. I AM IN PRISON. HOW CAN I RENEW MY RESIDENCE PERMIT? The residence permit of a foreign national who is serving a sentence of imprisonment can only be renewed if he is not the subject of a deportation order. An application for renewal of an expired residence permit will not give rise to an infringement proceeding if the application is submitted no later than 30 days after the applicant has been released. WILL I BE GIVEN ANY PROOF THAT I HAVE LODGED AN APPLICATION FOR RENEWAL OF MY RESIDENCE PERMIT? Yes, you will be given a receipt that proves that you have applied for renewal of your residence permit; this receipt constitutes proof of residency, is valid for a period of 60 days and may be renewed. WHAT CAN I DO IF MY APPLICATION FOR A RESIDENCE PERMIT OR FOR RENEWAL OF MY RESIDENCE PERMIT IS REFUSED? You may appeal against the decision to the court. You will be notified of the refusal decision as well as the reasons for the decision, your right to appeal the decision and the deadline for making an appeal. The appeal shall be made to an administrative court. The fact of an appeal does not suspend the operation of the original decision. Please note: The residence visa will be cancelled if the application for a residence permit is refused. 41 42 IMMIGRATION IN PORTUGAL WHO CAN APPLY FOR A PERMANENT RESIDENCE PERMIT? Permanent residence permits may be granted to foreign nationals who meet all of the following conditions: 1. They have been holders of temporary residence permits for at least five years. 2. During the last 5 years of residence in Portugal, they have not been sentenced to a term or terms of imprisonment that, separately or jointly, exceed one year. 3. They have sufficient means of subsistence. 4. They have accommodation available. 5. They can show that they have basic knowledge of the Portuguese language. DO I HAVE TO PAY FOR A RESIDENCE PERMIT? The application for a residence permit involves the payment of a fee. UNDER WHAT CONDITIONS MAY THE RESIDENCE VISA REQUIREMENT BE DISPENSED WITH WHEN APPLYING FOR A RESIDENCE PERMIT? The temporary residence permit requirement may be dispensed with in the case of foreign nationals in the following cases: a) Minors who are children of foreign nationals, born in Portuguese territory; b) Minors, born in Portuguese territory, who have been residing in Portugal and attending pre-school, primary or secondary school, or a higher education institution, as well as their parents provided that the latter have parental authority over them - in this case, the applications may be submitted simultaneously; c) Children of the holders of residence permits, who have reached adult age and have habitually resided in Portuguese territory from the age of 10; LEGAL FRAMEWORK 43 d) Adults, born in Portuguese territory, who have not left Portugal and who have remained in the country since the age of less than 10 years; e) Minors, subject to guardianship; f) Persons whose right to asylum in Portugal has ceased because the reasons for grant of the asylum no longer apply; g) Persons who suffer from a disease that requires prolonged medical care and where return to the home country is unadvisable because of the risk to the person’s health; h) Persons who have served with the Portuguese armed forces; i) Persons who have lost Portuguese nationality but who have resided in Portuguese territory during the last 15 years; j) Persons who have not left Portuguese territory but whose right to reside has expired; k) Parents of children who are minors and reside in Portugal or who have Portuguese nationality, and in respect of which they exercise parental authority, and in respect of whom they provide maintenance and education; l) Members of embassies and consulates and their respective spouses, and relatives in the ascending and descending lines for whom they are responsible, and who have been accredited in Portugal for a period of not less than 3 years; m) Persons who are or have been victims of a criminal offence or a serious or very serious infringement of an employment relationship, such that the person finds himself in a situation involving social deprivation, or exploitation in relation to wages and working hours, and in respect of which there is evidence which has been certified by the Authority for Labour Conditions, provided that those persons have reported those offences or infringements to 44 IMMIGRATION IN PORTUGAL the relevant authorities and are willing to cooperate with them; n) Holders of residence permits issued to them as victims of trafficking in persons or as the subjects of an action to facilitate illegal immigration o) Holders of residence permits granted to them for study at higher or secondary education institutions, who intend to work in Portuguese territory as employees or self-employed persons after the completion of the course of studies; p) Holders of temporary stay visas for research or highly-skilled work, who intend to work in Portuguese territory as researchers, higher education teachers or highly—skilled workers, whether as employees or self-employed persons; q) Persons who have lost their long-term resident status but are not subject to a deportation order. I DO NOT MEET THE REQUIRED CONDITIONS FOR A RESIDENCE PERMIT. IS THERE ANY OTHER WAY OF OBTAINING SUCH A PERMIT? Temporary residence permits may be issued to foreign nationals who do not meet the required conditions notwithstanding that the requirements under which the residence visa may be dispensed with do not apply but only in exceptional cases and for national or public interest reasons, or humanitarian reasons or public interest reasons related to the carrying out of significant activities in the areas of research, culture, sports, the economy or the social area; or for humanitarian reasons and as governed by the right of asylum law. This decision shall be made by the Minister for Home Affairs on his own initiative or upon proposal by the Director General of SEF. LEGAL FRAMEWORK 45 UNDER WHAT CIRCUMSTANCES MAY I LOSE MY RESIDENCE PERMIT? In situations where your application for renewal is refused by SEF, or where your residence permit is cancelled. The decision to cancel shall be made by the Minister for Home Affairs, who may delegate this power to the Director General of SEF. The cancellation shall be notified to the foreign national along with the reasons for the decision, and involves the seizure of the relevant document. ON WHAT GROUNDS MAY MY RESIDENCE PERMIT BE CANCELLED? The residence permit will be cancelled in the following situations: 1. The foreign resident is the subject of a deportation order; or 2. The permit was issued as a result of false or misleading declarations, forged or falsified documents, or fraud; or 3. There are strong reasons to believe that the holder of the permit was engaged in serious criminal offences or there are reasonable grounds for suspecting that he intends to engage in such offences; or 4. For reasons of public order or public safety. In addition, a residence permit may be cancelled if the holder of the permit leaves the country for long periods without a valid reason, being: 1. A period of 6 consecutive months or 8 months in total over the period of validity of the permit, in the case of holders of temporary residence permits; or 2. A period of 24 consecutive months or 30 months in total over a period of 3 years, in 46 IMMIGRATION IN PORTUGAL the case of holders of permanent residence permits. An absence beyond the aforementioned limits must be justified under a request to SEF, before the departure from Portuguese territory, or, in exceptional cases, after the departure. Residence permits will not be cancelled when the holders are absent for periods longer than the prescribed limits provided that they can prove that they were in their home countries and carrying out a professional or entrepreneurial activity in the cultural or social area. WHAT CAN I DO WHEN MY RESIDENCE PERMIT IS CANCELLED? You may appeal against the decision to an administrative court; however, the appeal does not suspend the operation of the original decision. UNDER WHAT CIRCUMSTANCES ARE THE RESIDENCE PERMITS FOR STUDY, UNPAID TRAINEESHIPS OR PARTICIPATION IN A VOLUNTARY SERVICE SCHEME CANCELLED OR NOT RENEWED? In addition to the abovementioned circumstances, residence permits may be cancelled or not renewed when the holder: 1 – Does not satisfy or ceases to satisfy the specific conditions under which the visa or residence permit was issued; or 2 – Carries out a professional activity as an employee when he is not allowed to work or he breaches the conditions under which he is allowed to work; or 3 – Does not progress in his studies. LEGAL FRAMEWORK 47 WHAT BASIC PRECAUTIONS SHOULD I TAKE FROM THE MOMENT I BECOME A RESIDENT IN PORTUGAL? 1. Always carry your passport, residence document, identity card or other identity document; 2. Always carry your consular card and the telephone and fax numbers of your Embassy or Consulate, as well as their address; 3. Always carry the telephone numbers of relatives or friends who can be contacted in the event of an emergency; 4. Do not allow the period of validity of your passport, visa, Identity Card, residence permit, or any other document to expire; 5. Strictly observe Portuguese law, in particular the laws that govern matters related to foreign nationals; 6. As a resident foreign national, you must inform the Foreign Nationals and Border Control Service of any changes to your nationality, marital status, occupation and place of residence as well as of any absences from the country. ON WHAT GROUNDS CAN A FOREIGN NATIONAL BE DEPORTED FROM PORTUGAL? Foreign nationals will be deported from Portugal when: 1. They enter or remain illegally in Portuguese territory; 2. They act against national security or public order; 3. Their presence or activities in the country constitute a threat to the interests or dignity of the Portuguese State or its nationals; 4. They seriously interfere with the exercise of the rights of Portuguese nationals to political participation; 48 IMMIGRATION IN PORTUGAL 5. They have undertaken actions which had they been known to the Portuguese authorities, would have barred their entry into the country. 6. There are strong reasons to believe that they have engaged in serious criminal offences or that they intend to engage in such offences. WHO HAS THE POWER TO ISSUE A DEPORTATION ORDER? Only judicial or administrative authorities have the power to deport a foreign national. In administrative deportation cases, the power rests with the Director General of SEF. In judicial deportations cases, the power rests with judicial authorities (magistrate’s courts and district courts); the order may be issued under a separate court proceeding or as a secondary sentence in a criminal proceeding. WHO MAY NOT BE DEPORTED? The following foreign nationals may not be deported: a) Persons born in Portuguese territory who have their habitual residence in Portugal; b) Persons who have dependent children who are minors and Portuguese nationals and residents in Portugal; c) Parents of children who are minors, who are nationals of a third country and legal residents in Portugal, and in respect of which they exercise parental authority and provide maintenance and education; d) Persons who have habitually resided in Portugal from before the age of 10. WHAT CAN I DO IF I BELIEVE THAT THE DEPORTATION ORDER WAS UNFAIR? You may appeal against the deportation decision to an administrative court. LEGAL FRAMEWORK 49 IF I APPEAL AGAINST THE DEPORTATION ORDER AM I ALLOWED TO STAY IN THE COUNTRY? No, you are not. The appeal does not suspend the operation of the deportation order. TO WHICH COUNTRY WILL THE FOREIGN NATIONAL BE DEPORTED? In general, foreign nationals can only be deported to their home country or to a third country that accepts them. However, a foreign national may not be deported to any country where he may be persecuted for reasons that, under the law, would confer upon him the right of asylum. CAN I RETURN TO PORTUGAL AFTER I HAVE BEEN DEPORTED? In administrative deportation cases, the foreign national is prohibited from entering national territory for a period of not less than 5 years. In judicial deportation cases, the time period of the prohibition is determined by the court. WHAT IS THE SITUATION FOR HOLDERS OF DOCUMENTS ISSUED UNDER THE PREVIOUS LAW? The holders of work visas, authorisations to stay, temporary stay visas and extensions of stay for carrying out a professional activity as an employee, and study visas granted under the previous law are under the new law, considered as holders of residence permits. The holders of these documents must apply to have them replaced by residence documents (residence permits), when the period of validity expires. This action shall be regarded as an application for renewal of the temporary residence permit or as an application for a permanent residence permit (where the foreign national has remained legally in Portugal for at least 5 years, 50 IMMIGRATION IN PORTUGAL as a holder of one of the abovementioned documents). However, this does not mean that foreign nationals are not required to satisfy the requirements established by law; they must satisfy the necessary conditions for renewal of their residence permit or permanent residence permit, as the case may be. BEFORE THE ENTRY INTO FORCE OF THE NEW LAW, I APPLIED FOR AN EXTENSION OF STAY TO ALLOW ME TO CARRY OUT A PROFESSIONAL ACTIVITY, UNDER ARTICLE 71 OF THE IMPLEMENTING DECREE No. 6/2004 OF 26 APRIL. WHAT IS MY POSITION IN RELATION TO THE NEW LAW? These applications are converted into applications for residence permits for carrying out a professional activity as an employee or a self-employed person under the new law and the visa requirement is dispensed with. I HAVE APPLIED FOR REGULARISATION OF MY STATUS UNDER ARTICLE 71. WHAT IS MY POSITION AFTER THE ENTRY INTO FORCE OF THE NEW LAW? After the entry into force of the new law, foreign nationals eligible for regularization under article 71 of the Implementing Decree no. 6/2004 of 26 April, are granted an extension of stay of 3 months, to enable them to obtain an employment contract or evidence of a work relationship, which are required for the grant of a residence permit for working as an employee (without the visa requirement); the latter document may be provided by a trade union, an association certified by the Advisory Council for Immigration (COCAI) or the Authority for Labour Conditions. I APPLIED FOR A WORK VISA UNDER THE “LULA AGREEMENT”. WHAT IS MY POSITION IN RELATION TO THE NEW LAW? Applications for work visas under article 6(2) of the Agreement between the Portuguese Republic and the Federal Republic of Brazil of 11 July 2003, concerning the LEGAL FRAMEWORK 51 Reciprocal Recruitment of Nationals, are converted into applications for residence permits in which the visa requirement may be dispensed with. This Agreement is valid until July 2008 (5 years after entering into force). LONG-TERM RESIDENT STATUS IN PORTUGAL HOW CAN I BE GRANTED LONG-TERM RESIDENT STATUS? Third-country nationals who reside legally in Portuguese territory may be granted the status of long-term residents provided that they meet the necessary conditions. WHAT REQUIREMENTS MUST I MEET? a) You must be a legal resident who has been living continuously in Portuguese territory during the five years prior to the submission of the application; b) You must have stable and regular resources which are sufficient to maintain yourself and the members of your family, without recourse to the social assistance system; c) You must have health insurance; d) You must have accommodation; e) You must demonstrate fluency in the Portuguese language. WHERE DO I LODGE THE APPLICATION? The application should be lodged with the SEF regional office in your area of residence. WHAT DOCUMENTS SHOULD I LODGE? The application must be accompanied by the documents that prove satisfaction of the abovementioned conditions as well as a valid travel document or a certified copy of such document. 52 IMMIGRATION IN PORTUGAL ARE ALL LEGAL RESIDENTS ELIGIBLE FOR LONGTERM RESIDENT STATUS? No. Some foreign nationals are not eligible for this status, namely: - The holders of residence permits for study, unpaid traineeship or voluntary service; - Persons authorised to reside under temporary protection or who have applied for a residence permit on that basis and are waiting for a decision on their status; - - Persons authorised to reside under a form of subsidiary protection or who have applied for a residence permit for humanitarian reasons and are waiting for a decision on their status; - Refugees or persons who have applied for asylum and are awaiting a final decision; - Persons interested in being in Portugal for temporary periods only. UNDER WHAT CIRCUMSTANCES MAY THE STATUS BE REFUSED? This status may be refused for reasons of public order or public safety, taking into consideration the seriousness and nature of the offence against public order or public safety, and the harm that may result from that person remaining on Portuguese territory. WHO HAS THE POWER TO GRANT OR REFUSE THE LONG-TERM RESIDENT STATUS? The decision to refuse or grant the status of long-term resident rests with the Director General of SEF. WHAT IS THE TIME LIMIT FOR MAKING A DECISION? The decision shall be made as soon as possible and at the maximum within six months, and the applicant shall be notified in writing. LEGAL FRAMEWORK 53 CAN THIS TIME LIMIT BE EXTENDED? Yes. This time limit may be extended for a further period of 3 months if the case is unusually complex. The applicant shall be notified of the extension of time. WHAT HAPPENS IF SEF DOES MAKE A DECISION ON MY APPLICATION WITHIN 9 MONTHS? The lack of a decision within the time limit of 9 months shall be taken as an approval of the request. If the conditions have been satisfied and the applicant does not represent a serious threat to public order or public safety, the long-term resident status will be granted. WHAT TYPE OF DOCUMENT WILL BE ISSUED? Long-term residents will be issued with an EC long-term residence document. WHAT IS THE PERIOD OF VALIDITY OF THE EC DOCUMENT? The EC long-term residence document has a minimum period of validity of five years, and is automatically renewed upon request at the end of the period of validity. WHAT RIGHTS ARISE FROM THE LONG-TERM RESIDENT STATUS? Persons with that status have the same rights as Portuguese nationals, namely as regards: - Access to professional work as a self-employed person or employee; - Access to the employment and work conditions established by law, including dismissal and payment conditions; - Access to education and vocational training; - Recognition of professional diplomas, certificates and other evidence of formal qualifications; - Access to social security, social welfare and social protection services; 54 IMMIGRATION IN PORTUGAL - Tax exemptions or reductions; - Access to health care; - Freedom to move freely within the whole of Portuguese territory. ON WHAT GROUNDS MAY I LOSE THE LONG-TERM RESIDENT STATUS? Long-term residents shall lose the long-term resident status in the following cases: a) Fraudulent acquisition of the long-term resident status; b) Adoption of a judicial deportation measure; c) In the event of absence from the European Union territory for a period of 12 consecutive months; d) Acquisition of the long-term resident status in another Member State; e) In the event of absence from Portuguese territory for a period of 6 consecutive years. When justified by specific or exceptional reasons, the absences from European Union territory or from Portuguese territory do not give rise to loss of the long-term resident status. WHO HAS THE POWER TO CANCEL MY RESIDENCE PERMIT? The power to cancel the residence permit of a long-term resident rests with the Minister for Home Affairs, who may delegate this power to Director General of SEF. WHAT CAN I DO IF MY APPLICATION IS DENIED OR IF I LOSE MY STATUS? You can appeal the decision to an administrative court, and the operation of the decision will be suspended. LEGAL FRAMEWORK RESIDENCE PERMITS FOR VICTIMS OF TRAFFICKING IN PERSONS OR THE SUBJECTS OF AN ACTION TO FACILITATE ILLEGAL IMMIGRATION ARE THE VICTIMS OF TRAFFICKING IN PERSONS OR THE SUBJECTS OF AN ACTION TO FACILITATE ILLEGAL IMMIGRATION ENTITLED TO A RESIDENCE PERMIT? Yes, residence permits are issued to foreign nationals who are or have been victims of criminal offences related to trafficking in persons or actions to facilitate illegal immigration, even if they have entered the country illegally or if they do not meet the conditions for a residence permit. UNDER WHAT CIRCUMSTANCES IS A RESIDENCE PERMIT GRANTED TO A PERSON WHO IS, OR HAS BEEN A VICTIM OF CRIMINAL OFFENCES RELATED TO TRAFFICKING IN PERSONS OR ACTIONS TO FACILITATE ILLEGAL IMMIGRATION? A residence permit may be granted under the following circumstances: 1 – It is necessary to extend the stay of the applicant in Portugal for reasons related to the conduct of investigations and legal proceedings; 2 – The applicant is clearly willing to cooperate with the authorities in their investigation and suppression of this type of criminal offence; 3 – The applicant has severed any relationship he may have had with the alleged offenders. A residence permit may be issued notwithstanding the absence of the first two circumstances if justified by the personal circumstances of the victim. HOW DOES THE PROCESS BEGIN? If any public authority or organisation working in the area of protection of the victims of crime considers that a foreign national may benefit from this type of resi- 55 56 IMMIGRATION IN PORTUGAL dence permit, they shall notify the national of this entitlement and pass the information on to SEF. Where there reasonable grounds for suspecting that the person is a victim of the offences being investigated, SEF shall grant the applicant some time for reflection to allow him to recover and escape the influence of the offenders. During this period of reflection, the authority in charge of the investigation shall issue an opinion regarding the satisfaction of the abovementioned conditions, so as to enable SEF to initiate the procedure for grant of a residence permit or for an extension of the reflection period. Please note: The reflection period does not give rise to the right to reside. WHAT IS THE PERIOD OF VALIDITY OF THIS TYPE OF RESIDENCE PERMIT? The period of validity of this type of residence permit is 1 year, renewable for further periods of one year provided that the conditions that justified the grant remain. LEGAL FRAMEWORK USEFUL CONTACTS SEF FOREIGN NATIONALS AND BORDER CONTROL SERVICE Headquarters Rua Conselheiro José Silvestre de Ribeiro, n.o4 1649-007 Lisboa Tel.: 21 711 50 00 Regional Office, North Rua D. João IV, 536 4000-299 Porto Tel.: 22 510 43 08 Fax: 22 510 43 85 e-mail: [email protected] Regional Office, Centre Rua Venâncio Rodrigues, 25-31 3000-409 Coimbra Tel.: 239 82 40 45, 239 82 37 67 Fax: 239 82 37 86 e-mail: [email protected] Regional Office, Lisboa, Vale do Tejo and Alentejo Av. António Augusto de Aguiar, 20 1069-118 Lisboa Tel. : 21 358 55 00 Fax: 21 314 40 53 e-mail: [email protected] Regional Office, Algarve Rua Luís de Camões, no5 8000-388 Faro Tel.: 289 80 58 22/289 88 83 00 Fax: 289 80 15 66 e-mail: [email protected] 57 58 58 IMMIGRATION IN IN PORTUGAL PORTUGAL IMMIGRATION FAMILY REUNIFICATION 59 INTRODUCTION This chapter is directed at immigrants who are legally residing in Portugal and who wish to bring one or more family members into the country. Family reunification may also apply to family members already residing in national territory, provided they have entered the country legally. This information is only a summary and does not answer every question that may arise in a specific case. Therefore, if you have any questions please contact the Family Reunification Support Office at CNAI (National Immigrant Support Centre) – see the contacts listed at the end of this chapter – or call the SOS Immigrant Line on 808 257 257 or 21 810 61 91. 60 IMMIGRATION IN PORTUGAL I AM IN PORTUGAL. I HAVE A RESIDENCE PERMIT AND I WOULD LIKE MY FAMILY, WHO IS LIVING ABROAD, TO COME AND LIVE WITH ME. IS THAT POSSIBLE? Yes. Portuguese law recognises that any national who holds a valid residence permit is entitled to family reunification with family members living abroad, provided that they have lived with him in another country, or that they are his dependants, or that they are living with him, whether the bonds were formed prior to or subsequent to the entry of the resident into Portugal. TO WHICH FAMILY MEMBERS DOES FAMILY REUNIFICATION APPLY? The law regards the following as family members: • The spouse; • Children who are minors or incapacitated and are dependants of the couple or one of the spouses; • Minors adopted by the applicant or the spouse; • Adult children who are dependants of the couple or one of the spouses, if they are single and are studying at an educational institution in Portugal; • Direct 1st degree ascendants (parents) of the resident or his spouse, provided they are his dependants; • Minor siblings under custody of the resident. I HAVE A STUDENT RESIDENCE PERMIT. MAY I APPLY FOR FAMILY REUNIFICATION FOR MY CHILD? Yes but you should be aware that as regards the holders of residence permits for study, unpaid professional traineeships or voluntary work, applications for family reunification are limited to the following family members: FAMILY REUNIFICATION 61 - The spouse; - Children who are minors or incapacitated and are dependants of the couple or one of the spouses; - Minors adopted by the applicant or the spouse. I HAVE A RESIDENCE PERMIT AND I WOULD LIKE MY PARTNER (TO WHOM I AM NOT MARRIED) TO COME AND LIVE WITH ME IN PORTUGAL. IS THAT ALLOWED? Yes. Family reunification is allowed in relation to a nonmarital partner whether the partner is inside or outside national territory, provided that the relationship is recognised under the law. WHAT ABOUT OUR CHILDREN? CAN THEY COME ALSO? Yes, family reunification may be granted in respect of children who are minors or incapacitated, including children adopted by the non-marital partner provided that the partner has legal custody. CAN I APPLY FOR FAMILY REUNIFICATION FOR MY 21-YEAR OLD CHILD? The new law allows for family reunification with adult children (aged 18 or more) provided that the children are: - Dependants of the couple or one of the spouses; - Single; and - Studying at an educational institution in Portugal. HOW LONG AFTER I OBTAIN MY RESIDENCE PERMIT MAY I APPLY FOR FAMILY REUNIFICATION? The law does not establish a minimum period. In fact, you can apply for a residence permit and for family reunification at the same time. 62 IMMIGRATION IN PORTUGAL MY RELATIVE IS ALREADY IN PORTUGAL. CAN I APPLY FOR FAMILY REUNIFICATION? Yes but to apply for family reunification you must hold a valid residence permit, your relative must have entered the country legally and be your dependant or be living with you. WHO MAY APPLY FOR FAMILY REUNIFICATION? If the relatives are living outside the national territory, the application must be made by the holder of the right to family reunification (that is, the holder of a valid residence permit in Portugal). The application for entry and residence of family members is made at SEF (Foreign Nationals and Border Control Service). However, if the relatives are already within national territory, family reunification may be requested by them or by the holder of the right. WHAT DO I HAVE TO DO TO APPLY FOR FAMILY REUNIFICATION? You should submit your application to the Directorate of SEF or the Regional Office in your area of residence, together with the following documents: (a) Certified evidence of the claimed family relationship; (b) Certified copies of the identification documents of the applicant’s relatives; (c) Evidence of the availability of housing; (d) Evidence of sufficient means of subsistence to provide for the family; (e) Relative’s consent to a criminal record check by SEF, in cases where the relative has resided within national territory for more than one year over the last five years; (f) Criminal record certificate from the relevant authority in the relative’s home country and from any country where he resided for more than one year. FAMILY REUNIFICATION 63 Depending on the circumstances, other documents may need to be submitted: (a) Proof of incapacity in cases involving dependant incapacitated adult children; (b) Certified copy of the Court decision which decreed the adoption, as well as a certified copy of the acknowledgement of the decision by the national authority, where applicable; (c) Certified copy of the full birth certificate, evidence of economic dependence and copy of the confirmation of enrolment at an educational institution in Portugal, in cases involving dependant adult children; (d) Evidence of economic dependence, in cases involving first degree ascendants; (e) Certified copy of the custody decision, as well as a certified copy of the acknowledgement of the decision by the national authority, where applicable, for cases involving minor siblings; (f) Written authority of the non-resident parent, certified by a Portuguese consulate, or a copy of the decision granting custody over the minor or the incapacitated child to the resident or his spouse, where applicable; g) Evidence of the non-marital partnership (such as existence of a child, previous periods of cohabitation or the registration of the partnership). WHAT HAPPENS AFTER I SUBMIT THE APPLICATION AND DOCUMENTS FOR FAMILY REUNIFICATION WITH A RELATIVE RESIDING ABROAD? The application is assessed by SEF who will, as soon as possible, or in any case within three months, notify you of their decision in writing. Under exceptional circumstances, the three-month deadline may be extended for another 3 months but in such cases, the applicant shall be notified of the extension. 64 IMMIGRATION IN PORTUGAL The lack of a decision within 6 months shall be taken as an approval of the request (a positive response). If this period has elapsed and you have not been notified of a decision, you should go to SEF and request certification of the approval. SEF will send the approval decision within 8 days, and advise the applicant that his relative should contact the diplomatic mission or consular authority in his area of residence within 90 days, to formally apply for the issue of a residence visa. If the relative fails to formally apply for the issue of a visa, SEF’s approval decision shall lapse. This is the normal procedure in cases where the request for family reunification with a relative residing abroad is granted. WHAT HAPPENS AFTER I SUBMIT THE APPLICATION AND DOCUMENTS FOR FAMILY REUNIFICATION WITH A RELATIVE ALREADY IN PORTUGAL? If your relative is already in Portugal because he holds a residence visa for family reunification, or because he was already living here and the request for family reunification was accepted, your relative will be issued with a residence permit for the same duration as yours. WHAT TYPE OF RESIDENCE PERMIT WILL BE ISSUED TO MY RELATIVE? If your residence permit is temporary, your relative will be issued with a renewable residence permit with the same duration as yours. If your residence permit is permanent, your relative will be issued with a renewable residence permit with a two-year validity period. Two years after the issue of the first temporary or permanent residence permit to a relative, and provided that FAMILY REUNIFICATION 65 family bonds continue, that relative shall be entitled to an individual residence permit. CAN YOU ISSUE AN INDIVIDUAL RESIDENCE PERMIT TO MY RELATIVE BEFORE THE END OF THE TWO YEAR PERIOD? Yes, if the holder of the right to family reunification (the resident) has minor children residing in Portugal, those family members are entitled to an individual residence permit. The first residence permit issued to a spouse under the family reunification provisions is also an individual permit, provided that the couple has been married for more than five years. In exceptional circumstances, such as divorce, death of a spouse, death of an ascendant or descendant relative, or conviction due to a crime of domestic violence, and provided the family member is an adult, an individual residence permit may be issued to him before the end of the two-year period. UNDER WHAT CIRCUMSTANCES WILL THE FAMILY REUNIFICATION REQUEST BE REFUSED (REJECTED)? The family reunification request may be refused in the following cases: a) When the applicant does not have adequate housing or means of subsistence; b) When the relative has been prohibited entry into national territory; c) When the presence of the relative within national territory constitutes a threat to public order, public security or public health. HOW CAN I CHALLENGE A REJECTION OF THE FAMILY REUNIFICATION REQUEST? You can challenge the decision before a court. 66 IMMIGRATION IN PORTUGAL You will be notified of the decision as well as the reasons for the decision, your right to appeal the decision and the deadline for making an appeal. The appeal shall be made to an Administrative Tribunal. The fact of an appeal does not suspend the operation of the initial decision. The appeal only suspends the operation of the initial decision in the following cases: - when the family members are already within national territory; and - the rejection decision is based exclusively on the grounds that the applicant cannot provide adequate housing and means of subsistence. CAN I LOSE THE RESIDENCE PERMIT ISSUED UNDER FAMILY REUNIFICATION? Yes. The residence permit issued under family reunification will be cancelled if the usual circumstances leading to cancellation apply. In addition, the permit will be cancelled if the marriage, non-marital partnership or adoption was entered into solely for the purpose of allowing the person to enter or reside in Portugal. HOW CAN I CHALLENGE THE CANCELLATION OF THE RESIDENCE PERMIT ISSUED UNDER FAMILY REUNIFICATION? You can challenge the decision before a court. You will be notified of the decision as well as the reasons for the decision, your right to appeal the decision and the deadline for making an appeal. The appeal shall be made to an Administrative Tribunal. In general, the fact of an appeal does not suspend the operation of the initial decision. However, if the decision was based on the grounds that the marriage, non-marital partnership or adoption was FAMILY REUNIFICATION 67 entered into solely for the purpose of allowing the person to enter or reside in Portugal, the appeal suspends the operation of the decision. 68 IMMIGRATION IN PORTUGAL USEFUL CONTACTS SEF – FOREIGN NATIONALS AND BORDER CONTROL SERVICE Headquarters Rua Conselheiro José Silvestre de Ribeiro, no. 4 1649-007 Lisboa Tel.: 21 711 50 00 Regional Office, North Rua D. João IV, 536 4000-299 Porto Tel.: 22 510 43 08 Fax: 22 510 43 85 e-mail: [email protected] Regional Office, Centre Rua Venâncio Rodrigues, 25-31 3000-409 Coimbra Tel.: 239 82 40 45, 239 82 37 67 Fax: 239 82 37 86 e-mail: [email protected] Regional Office Lisboa, Vale do Tejo and Alentejo Av. António Augusto de Aguiar, 20 1069-118 Lisboa Tel. : 21 358 55 00 Fax: 21 314 40 53 e-mail: [email protected] Regional Office, Algarve Rua Luís de Camões, no. 5 8000-388 Faro Tel.: 289 80 58 22/289 88 83 00 Fax: 289 80 15 66 e-mail: [email protected] FAMILY REUNIFICATION 69 Regional Office, Madeira Rua Nova da Rochinha, 1 – B 9054-519 Funchal Tel.: 291 23 21 77/291 22 95 89/291 23 14 14 Fax: 291 23 19 18 e-mail: [email protected] Regional Office, Azores Rua Marquês da Praia e Monforte, 10, Apartado 259 9500-089 Ponta Delgada Tel.: 296 30 22 30 Fax: 296 28 44 22 e-mail: [email protected] Internet http://www.sef.pt e-mail: [email protected] Ministry of Foreign Affairs http://www.min-nestrangeiros.pt/mne/estrangeiro/ab.html#b On this site, you will find the addresses and contacts of Portuguese diplomatic and consular missions around the world. http://www.min-nestrangeiros.pt/mne/missoes/ On this site, you will find information about foreign diplomatic missions in Portugal. 70 IMMIGRATION IN PORTUGAL ACCESS TO HEALTH CARE 71 71 INTRODUCTION One the many difficulties faced by immigrants who live in this country is the problem of access to health care. Any Portuguese national or foreign national has the right and the obligation to care for his health and to help those around him do the same. The Alto Comissariado para a Imigração e o Diálogo Intercultural, I.P. (the Office of the High Commissioner for Immigration and Intercultural Dialogue) has prepared this chapter to help foreign nationals have access to information about rights and obligations concerning access to health care and about the institutions where they can go for help. The document was written as a source of information and support for foreign nationals seeking to live and work in this country. We would like to thank all those organisations who helped with suggestions and information and who have helped to ensure that this guide goes a long way to help meet the real needs of those we are seeking to welcome and integrate into our country in the best way possible. 72 IMMIGRATION IN PORTUGAL RIGHTS AND OBLIGATIONS I AM AN IMMIGRANT IN PORTUGAL. IF I AM SICK WHAT ARE MY RIGHTS AND OBLIGATIONS? Any national has the right and the obligation to look after his health. Any immigrant on Portuguese territory who is sick or in need of health care has the right to receive that care in a Health Centre or in a Hospital (in case of an emergency). Those health services may not refuse to provide assistance for any reason related to the person’s nationality, lack of economic means, or legal status. The Constitution of the Portuguese Republic provides that all nationals - including foreign nationals – are entitled to general health care and for that reason, all existing services must be made available to meet the specific health needs of any national, irrespective of his economic, social and cultural conditions. This right is protected by regulation in Administrative Order of the Ministry of Health no. 25 360/2001. WHAT SERVICES ARE AVAILABLE UNDER THE NATIONAL HEALTH SERVICE (SNS)? The National Health Service includes the following services: • health promotion and monitoring and prevention measures; • general medicine and specialist care; • nursing care; • hospitalisation; • necessary diagnostic tests; • medicines and pharmaceutical products; • prosthetic aids and other therapeutic devices. WHAT IS THE SNS MEDICAL CARD FOR? The Medical Card is the document that establishes the identity of the holder before the institutions and services ACCESS TO HEALTH CARE 73 that form part of the SNS. The card is issued free of charge but a fee applies in cases of replacement due to loss. It must be shown when requesting the following services: • health care; • necessary diagnostic tests and treatment; • prescription and acquisition of medicines. WHO CAN APPLY FOR THE SNS MEDICAL CARD? Foreign nationals who have permanent residence authorisation or a residence permit or a work visa. In order to obtain the SNS Medical Card, the foreign national must attend at the Health Service located in his area of residence and present the permanent residence authorisation or the residence permit or the visa for working in Portuguese territory, as applicable. WHAT ABOUT FOREIGN NATIONALS WHO DON’T HAVE PERMANENT RESIDENCE AUTHORISATION OR A RESIDENCE PERMIT OR A WORK VISA. These foreign nationals may access the services and institutions of the SNS provided that they attend at the Health Service located in their area of residence and present a document certifying that the national has been in Portugal for more than ninety days (Certificate of Residence, issued by the Parish Council under article 34 of Decree-Law no. 135/99 of 22 April). To obtain a Certificate of Residence, the national must produce 2 witnesses who can testify as to residence; the witnesses may be individuals (persons known to the national or neighbours) or businesses (the owner of the Hostel, the businesses where the national shops, or he can make a declaration of honour). After the certificate is issued by the Parish Council, the person should go to the Health Centre to register (if possible, with the family doctor). 74 IMMIGRATION IN PORTUGAL WHAT ABOUT FOREIGN MINORS, RESIDING WITHOUT AUTHORISATION, WHOSE AGE IS LESS THAN THE MINIMUM REQUIRED BY LAW FOR ENTERING INTO AN EMPLOYMENT CONTRACT? These minors, who depend on their families for support, may access the SNS and have the same rights as minors who are residing legally on Portuguese territory. This right is protected by law under DL no. 67/2204 of 25 March. WHERE CAN I GET A MEDICAL CARD? The MEDICAL CARD may be obtained from the Health Centre or the Loja do Cidadão (government services shop). Note: Every individual must be registered and the holder of a Medical Card. WHAT SERVICES DO I HAVE TO PAY FOR? 1. Foreign nationals who make contributions to Social Security: In general terms, foreign nationals who make contributions to Social Security, and their families, pay for the health care provided by SNS institutions and services under the same conditions afforded to Portuguese nationals. In accordance with the legislation in force, health care services are provided free or at a low cost, having regard to the economic and social conditions of the national. The national shall pay an amount, known as a Co-payment, in accordance with the rates in force, for each consultation or service provided to him. Clinical tests, x-rays and other necessary diagnostic tests are also subject to co-payments according to rates fixed by law. ACCESS TO HEALTH CARE 75 The following are exempt from making co-payments: • children from birth to the age of 12 (inclusive); • young people who are undergoing counselling with Youth Centres in relation to health monitoring and sexual and reproductive health; • pregnant women; • women in puerperium (the period of 8 weeks following childbirth); • women receiving family planning services; • unemployed persons who are registered in an Employment Centre, and their dependants; • people who receive official benefits due to economic hardship; • persons with a chronic disease recognised by law, and certified by a medical practitioner. 2. Foreign nationals who don’t make contributions to Social Security: Foreign nationals who don’t make contributions to Social Security may be charged for services in accordance with the scale of charges in force, except when: • another person from their family is making contributions. In such cases, foreign nationals shall pay for the health services under the same conditions afforded to Portuguese nationals; • they are experiencing economic hardship. The person’s economic and social circumstances must be verified by the Social Security Office (you must present a document to that effect issued by that office); • they are in need of health care and in a situation that constitutes a risk to Public Health and where health services are free: 1. All communicable diseases (being all diseases subject to Compulsory Notification, 76 IMMIGRATION IN PORTUGAL such as: tuberculosis, HIV/AIDS and sexually transmitted diseases); 2. Maternal health, children’s health and family planning (all situations are covered given that, from the perspective of public health, they all involve matters related to primary, secondary and tertiary prevention); 3. Vaccination (vaccines listed in the National Vaccination Plan are provided free of charge). CAN I TRUST THE HEALTH PROFESSIONALS? Yes, without a doubt. The health professionals are competent and dedicated, they are required to maintain professional secrecy and any information that you give them will be treated as confidential. Persons who are residing without authorisation need not fear, they should seek health services when they need them. HOW CAN I MAKE SUGGESTIONS OR COMPLAINTS? The user office of every health unit has a complaints book (the yellow book) where you can and should record your complaints. You can also go to the user office and write a letter addressed to the Directorate-General of Health or to the Minister of Health. WHAT SHOULD I DO IF I AM REFUSED HEALTH CARE? You should go to the user office of the Health Centre or Hospital, or alternatively to the user office of the Subregional Health Service headquarters. You can also go to the Directorate-General of Health, the Ministry of Health or the National Centre of Support for Immigrants at the Office of the High Commissioner for Immigration and Intercultural Dialogue, I.P. ACCESS TO HEALTH CARE 77 EMERGENCIES WHAT IS AN EMERGENCY? Any situation where a delay in diagnosis or treatment may cause significant risk or harm to the patient is a medical emergency, for example, severe trauma, severe poisoning, burns, cardiac or respiratory arrest. WHAT ARE MEDICAL EMERGENCIES? Some situations are regarded as medical emergencies because of the extreme seriousness of the situation or because they require the use of telecommunications or special arrangements for patient transport. WHAT TO DO IN CASE OF AN EMERGENCY? When life is at risk you should go directly to a Hospital, in other cases seek advice from your Health Centre. WHAT SHOULD I DO IN CASE OF AN EMERGENCY? WHICH TELEPHONE NUMBER SHOULD I CALL? You should immediately call emergency services on 112. The call, the service and transport are free. 78 IMMIGRATION IN PORTUGAL WHAT INFORMATION SHOULD I GIVE TO THE PERSON WHO ANSWERS THE EMERGENCY CALL? Speak slowly and clearly when answering the operator’s questions and don’t hang up until the operator asks you to do so. IF IT’S NOT AN EMERGENCY WILL THE OPERATOR (ON 112) ADVISE ME WHAT TO DO? Yes. The Emergency Patients Referral Centre (EPRC) will advise you what to do, according to the situation. WHAT IF IT’S NOT AN EMERGENCY? If it’s not an emergency, or if after an emergency you need an appointment or medicines, you should go to the Health Centre in your area of residence and ask what you need to do to receive the necessary health care. IS THERE AN INFORMATION LINE WHERE I CAN GET ADVICE ABOUT HEALTH ISSUES? Yes there is. Call Health Line 24 on 808242424. HEALTH CENTRES AND PRIMARY HEALTH CARE WHAT IS A HEALTH CENTRE? The Health Centre is the basic unit of the National Health Service (SNS); it provides health care services to the population. THE HEALTH CENTRE IS WHERE YOU SHOULD GO FIRST. At the Health Centre you will find family and general medicine doctors, public health doctors (health delegates) and nurses who will provide you with all the health care you need, including preventative care and treatment. Aside from administrative staff, you may also find other health professionals at some health centres, including social workers, psychologists, nutritionists, dental hygienists and environmental health officers. ACCESS TO HEALTH CARE 79 IN WHICH HEALTH CENTRE SHOULD I REGISTER? Health Centres are distributed throughout residential areas. You should go to the Health Centre in your residential area and obtain information about opening hours, services available, referral hospitals and available diagnostic tests. The Health Centre in your area of residence will issue you with a Medical Card which must be presented when you attend at the Health Centre or at any other public health unit. WHAT TYPE OF SERVICES ARE AVAILABLE AT A HEALTH CENTRE? . general and family medicine services; . children’s health services; . maternal health services; • family planning services; . abortion counselling; . public health services; . nursing advice; • nursing care; . social services; . vaccinations; • diagnostic tests; . admissions units (in some cases); . home visits and support; . user office; . emergency services. WHAT ARE THE OPENING HOURS? In general, working days from 8:00 to 20:00. Some Health Centres open for longer hours and on weekends to deal with emergency situations. Some services (namely consultations, vaccinations and give injections) are only available at restricted times. 80 IMMIGRATION IN PORTUGAL WHAT IS HEALTH MONITORING? It is about monitoring your health through regular consultations. Some population groups such as children, adolescents, pregnant women, the aged, people from certain professions and people with a chronic illness, are especially vulnerable to illness, therefore, they should arrange for regular consultations to monitor their health. Follow the advice given to you by your family doctor. WOMEN AND CHILDREN I AM PREGNANT, WHERE CAN MY PREGNANCY BE MONITORED? If you suspect that you are pregnant, you should go the Health Centre for your first consultation. WHAT IS MATERNAL HEALTH? It is about monitoring your pregnancy and preparing you for giving birth. Monitoring of the pregnancy includes regular clinical and laboratory tests to help assess the mother’s and the baby’s health during the course of the pregnancy. You will also receive information about how to maintain a healthy diet, how to prepare for breast feeding, and risk behaviours to avoid. WHAT IS THE PREGNANCY HEALTH BOOK? It is a small green book, available free of charge from the Health Centre or Hospital/Maternity Clinic, which contains important information about the progress of your pregnancy. The book keeps details of every consultation and test undertaken during your pregnancy. You can follow the development of your pregnancy by consulting this book and following the advice that it gives. You should present the book whenever you attend consultations at the Health Centre, Hospital or Maternity Clinic. The book is indispensable at the time of giving birth. ACCESS TO HEALTH CARE 81 WHAT SHOULD I DO IF I WANT TO GIVE BIRTH AT A SNS HOSPITAL? WHERE SHOULD I GO TO GIVE BIRTH? If the pregnancy is monitored by a Health Centre, pre-natal consultations will be arranged for you at the Hospital or Maternity Clinic in your area of residence. So, when you experience the first signs of labour, you can go directly to Emergency at the Hospital or Maternity Clinic in your area of residence. WHAT SHOULD I TAKE WITH ME WHEN I GO TO GIVE BIRTH? . . . . your identity card or SNS Medical Card; the pregnancy health book; clothing, for you and the baby; personal effects. DO I HAVE TO PAY FOR THE CONSULTATIONS OR THE HOSPITALISATION? All consultations and medical tests undertaken during the pregnancy and for sixty days after giving birth are free. Your doctor should issue you with a Declaration of Exemption. The Hospital birth as well as any hospitalisation due to the pregnancy, at an SNS Hospital or at a Maternity Clinic, is free. WHAT IS A CONSULTATION FOR CHILDREN? It is a consultation for persons aged 0 to 18 years old (inclusive) which aims to monitor, maintain and promote the health of children and youth. During the consultation medical tests are carried out to ensure the proper growth and development of the child. Information will also be provided concerning nutrition, prevention of communicable diseases, accident prevention, vaccination, leisure activities, sports, sexual activity and other issues related to the promotion and well being of children and youth. 82 IMMIGRATION IN PORTUGAL The first consultation should take place as soon as possible, preferably within one week after leaving the Maternity Clinic. Testing for metabolic disorders – “the heel prick test” – should be carried out between day 3 and day 6, at the Health Centre (if not done at the Hospital or Maternity Clinic). The test can detect two serious conditions (Hypothyroidism and Phenylketonuria) which can be treated if diagnosed early. WHAT IS THE CHILD’S HEALTH BOOK? It is a small book, given to you free of charge after the birth, which contains very useful information about the health of your child. This book may be given to you at the Hospital, at the Maternity Clinic or at the Health Centre. You should take this book with you whenever you take your child to the Health Centre or the Hospital. You can monitor your child’s development by reading the book and following its instructions. WHAT IS A FAMILY PLANNING CONSULTATION? The aim of this consultation is to provide support and advice to individuals or couples, to assist them in planning a pregnancy, and to advise them how to maintain a healthy and safe sexual relationship. During this consultation, the woman’s/couple’s health will be assessed. You will receive information about contraception and be given the chosen contraceptive free of charge. Consultations also provide sex counselling and advice about infertility problems, and testing of gynaecologic cancers and sexually transmitted diseases. If you are thinking of getting pregnant you should request a pre-conception consultation to assess your health and your partner’s health - you will be tested for diseases and conditions which may affect your health and the baby’s health. ACCESS TO HEALTH CARE 83 It is very important that you take an AIDS test. WHAT IS THE COST OF THESE CONSULTATIONS? The consultations and the contraceptives are free. WHERE CAN I BOOK A FAMILY PLANNING CONSULTATION? At Health Centre in your area of residence. WHAT IS A YOUTH HEALTH CENTRE? These Centres, which can be found in some Health Centres, provide free or mostly free health care services to any person aged from 12 to 21; services include free and confidential support and advice about health monitoring and sexual and reproductive health. Young people are given easy access to these centres. WHAT IS VACCINATION? Vaccination is the safest way to prevent certain diseases. . tuberculosis, diphtheria, tetanus, whooping cough, poliomyelitis, meningitis, measles, goitre, German measles, hepatitis B, and some forms of meningitis affect mainly children but are preventable through vaccination; . some of these conditions may lead to death or other serious consequences; . to remain protected from certain diseases it is necessary to receive several vaccination and booster shots during the course of one’s life; . the vaccination schedule must be strictly followed; . all vaccinations included in the National Vaccination Program are free. WHAT IS THE INDIVIDUAL HEALTH BOOK? The Individual Health Book (Vaccination Book) records the vaccinations received by a person - this book should be attached to the Child’s Health Book in the case of children and adolescents. 84 IMMIGRATION IN PORTUGAL This book is compulsory for registration in a child care centre or school and applies to all schooling levels. WHAT DO I HAVE TO DO TO GET A VACCINATION? Just go the Health Centre. You don’t have to be registered with a family doctor. Whenever you go the Health Centre or the Hospital, you should take with you the Individual Health Book (Vaccination Book). Vaccinations are essential not only for children but also for adults. SOME COMMUNICABLE DISEASES HIV/AIDS WHAT IS AIDS? AIDS (Acquired Immune Deficiency Syndrome) is a disease caused by a virus known as HIV (human immunodeficiency virus). This virus is found in sexual secretions and in the blood. The HIV virus attacks the immune system and prevents the body from fighting disease. It destroys the body’s natural defences against infection with the result that the person contracts diseases which its immune system would normally prevent. People with HIV/AIDS are often discriminated against and this is a serious breach of human rights. It is important to understand that there is no risk to health from social contact with people with AIDS, including kissing, hugging, shaking hands, sharing a meal or being in the same work or recreation space. HOW DOES IT SPREAD? . by direct contact with the blood of the infected person; . through sexual relations without the use of pro- ACCESS TO HEALTH CARE 85 tection (condom or preservative); . through sharing syringes, needles or other objects used to shoot up drugs; . from an infected mother to her child during pregnancy, birth or breast-feeding; . through contact with contaminated objects (razor blades, toothbrushes, tattoo needles, manicure instruments, etc); . through transfusions of infected blood. HOW DO YOU AVOID IT? As yet, there is no treatment for or vaccine against AIDS. Prevention is the only form of protection against AIDS: . use a condom when practising any form of sexual relations; . don’t share syringes, needles or contaminated objects. HOW DO YOU DETECT IT? A laboratory test can tell you if are infected with HIV. WHAT DOES AN AIDS TEST INVOLVE? The test consists of a laboratory test which will reveal if the person is infected with HIV. WHEN SHOULD I TAKE THE TEST? . when you’ve had sexual relations without a condom; . when you’ve shared syringes, needles or other objects used to shoot up drugs; . when you have an open wound or laceration which has come into contact with the blood of another person; . if you are pregnant or are thinking of becoming pregnant. 86 IMMIGRATION IN PORTUGAL WHO SHOULD TAKE THE TEST? Anyone who is concerned that he may be infected should take the test. WHY SHOULD I TAKE THE TEST? If you have a negative result you can start to use practices which will help prevent infection. Advice can help you and protect you. If you have a positive result you can seek help to monitor your health and receive appropriate treatment. Advice, referral and medical treatment will be provided to you. WHERE SHOULD I TAKE THE TEST? To take the AIDS test you can consult a doctor that you trust, or your family doctor, or you can go to a Centre for Advice and Early Detection of HIV (CAD). WHAT IS A CAD? A CAD centre provides confidential, anonymous and free AIDS testing to any individual, whether a Portuguese or a foreign national and whatever the person’s legal status. Pre-test counselling will help you decide, based on your own individual circumstances, whether to take a screening test; if you decide to take the test, the centre will also provide you with psychological support. At the CAD, the HIV/AIDS test is: . anonymous; . confidential; . free. There are CADs throughout the country. To find out where they are, ring the AIDS line on 800 266 666 (free call). ACCESS TO HEALTH CARE 87 The AIDS line is answered by trained personnel who can provide you with information about any issue related to HIV/AIDS infection. HEPATITIS B WHAT IS HEPATITIS B? Hepatitis B is a communicable disease caused by a virus that attacks a vital organ, the liver. HOW DO YOU DETECT IT? Through the presence of symptoms such as: . . . . . . . . jaundice (yellowness of the skin and eyes); severe tiredness; occasional fever; loss of appetite; nausea, vomiting and diarrhoea; dark urine; white faeces; sore muscles. In the majority of cases however, the illness doesn’t present any symptoms. Symptoms must be confirmed by blood tests. Consequences: . the virus may remain in the body for several months or years and for that reason, may be transmitted to other people; . many people with this disease may look healthy, however, they can still transmit the disease (chronic carriers); . others may continue having symptoms, and may die years later, from cirrhosis or cancer of the liver; . in rare cases, hepatitis B may progress quickly and dramatically and can lead to death. 88 IMMIGRATION IN PORTUGAL HOW DOES IT SPREAD? HOW IS IT TRANSMITTED? Hepatitis B is transmitted through: . sexual contact with someone who has the disease or a carrier; . cuts or pricks caused by objects contaminated with the virus, such as syringes, needles, razor blades, toothbrushes, etc; . the mother passing the virus on to the newborn; . direct contact with the skin or mucous surfaces, when there are wounds or cuts, even small ones, and especially in the presence of blood or sperm of the infected person. HOW DO YOU AVOID IT? You should avoid risk behaviour such as using used syringes, needles, razor blades, toothbrushes and other objects. Always use a condom. Vaccination is the best way to avoid hepatitis B: . protection is guaranteed if you have 3 vaccination shots; . all children in the first year of life and between the ages of 10 and 15 must be vaccinated against hepatitis B; . you should be vaccinated if you think you are at risk of catching hepatitis B. Recommended times: . for newborn, at 0, 2 and 6 months; . with older children, 1st shot at an arranged date; . 2nd shot, 1 month later; . 3rd shot, 6 months after the 1st shot. ACCESS TO HEALTH CARE 89 Vaccination at the health services is free for: . . . . children in the first year of life; children aged 10 to 15; health professionals; people who receive frequent transfusions of blood or blood derivatives; . newborn whose mothers carry the virus; . other people at risk. People outside of these categories are required to pay 60% of the cost of the vaccine. Additional information If you want to get vaccinated or need more information please go to the Health Centre in your area of residence. TUBERCULOSIS WHAT IS TUBERCULOSIS? It is a communicable disease caused by a bacterium called Koch’s bacillus. It affects mainly the lungs but may be present in any other organ. HOW DO YOU DETECT IT? Through the presence of the following symptoms: . . . . . . . . persistent coughing (for more than 3 weeks); spitting up blood; chest pain; persistent fever (at the end of the day); loss of appetite; weight loss; muscle weakness; sweating at night. The most important tests for detecting tuberculosis are easy and simple: 90 IMMIGRATION IN PORTUGAL . chest x-ray; . analysis of bloody mucus. HOW DOES IT SPREAD? HOW DO YOU CATCH IT? The tuberculosis bacterium enters the lungs when a person breathes in infected air in poorly ventilated spaces. Often without knowing it, carriers of tuberculosis infect the air when they cough in closed environments. HOW DO YOU AVOID OR PREVENT TUBERCULOSIS? . by not remaining in closed spaces frequented by many people; . by not coughing freely into the air (people should cover their mouths with a handkerchief); . through the early treatment of people who develop tuberculosis symptoms - 15 days of treatment significantly reduces the risk of transmission; . through vaccination, which at least prevents the most serious cases; . through the use of medicines, especially for people who have frequent contact with tuberculosis patients. WHAT YOU SHOULD DO IF YOU SUSPECT YOU HAVE TUBERCULOSIS? Go as soon as you can to the Health Centre in your area of residence, where you will be examined or referred to a specialist service – Centro de Diagnóstico Pneumológico (CDP) (the Pneumology Diagnosis Centre). The earlier the diagnosis, the sooner treatment can start and the lesser risk of aggravation of the disease and transmission. ACCESS TO HEALTH CARE 91 You will be attended to and treated even if you are a resident without authorisation. ADDITIONAL INFORMATION Tuberculosis can be cured if treatment is administered correctly. The correct treatment is taking medication for a long period (a minimum of 6 months). If the treatment is not completed (is interrupted), you will get sick again and the disease will aggravate. 92 IMMIGRATION IN PORTUGAL USEFUL CONTACTS EPIMIGRA Núcleo de Estudo Epidemiológico de Doenças Transmissíveis em Populações Migrantes (Communicable Diseases in Migrant Populations Epidemiology Unit). This program which is run by the Tropical Diseases Clinical Unit of the Instituto de Higiene e Medicina Tropical (Institute of Tropical Medicine and Hygiene) from the University Nova of Lisbon, provides the following services: - health services dealing with communicable diseases, to the migrant population; - prevention services, including screening tests for migrants that are not sick; - confidential advice and counselling to individuals concerning communicable diseases. Any organisation which deals with migrant populations can provide a referral (free of charge) to the Institute of Tropical Medicine –call to arrange an appointment. Alto Comissariado para a Imigração e o Diálogo Intercultural, I.P. (the Office of the High Commissioner for Immigration and Intercultural Dialogue) Lisboa Rua Álvaro Coutinho, 14 1150-025 Lisboa Gabinete de Saúde - Tel.: 21 810 61 73 Porto Rua do Pinheiro, 9 4050-484 Porto Gabinete de Saúde - Tel.: 22 207 38 10 Ministry of Health Av. João Crisóstomo, 9 – 2º 1049-062 Lisboa Tel.: 21 330 50 00 ACCESS TO HEALTH CARE Office of the High Commissioner for Health Av. João Crisóstomo, 9 – 2º 1049-062 Lisboa Tel.: 21 330 50 00 Directorate General of Health Alameda D. Afonso Henriques, 45 1000 Lisboa Health Administration, North Region Rua Sta Catarina, 1288 4000-447 Porto Tel.: 22 551 24 00 User office Tel.: 22 551 25 20 Health Administration, Centre Region Alameda Júlio Henriques Apartado 1087 3001-553 Coimbra Tel.: 239 796 800 User office Av. Afonso Henriques, 141 3011-011 Coimbra Tel.: 239 488 261 Health Administration, Lisboa and Vale do Tejo Region Av. Estados Unidos da América, 77 1749-096 Lisboa Tel.: 21 842 48 00 User Office Tel.: 21 842 48 21 / 21 842 48 74 Health Administration, Alentejo Region Rua do Cicioso, 18 7001-901 Évora Tel.: 266 758 770 User office Tel.: 266 758 770 93 94 IMMIGRATION IN PORTUGAL Health Administration, Algarve Region Largo do Carmo, 3 8000-148 Faro Tel.: 289 889 900 User office Tel.: 289 821 932 Commission for Citizenship and Gender Equality Av. da República, 32 - 1º 1050-193 Lisboa Tel.: 21 790 30 00 Commission for Equality in Work and Employment (Legal aid in the areas of labour and health rights) Av. da República, 44 - 2º Dto 1069-033 Lisboa Tel.:21 780 37 00 Free call: 800 204 684 National Co-ordination of HIV/AIDS infections Palácio Bensaúde - Estrada da Luz 153 1600-153 Lisboa Tel.: 21 721 03 67 / 21 721 08 60 Tel.: 289 81 25 28 AIDS line (Monday to Friday, from 14:00 to 20:00) Free call – 800 266 666 SOS AIDS line (Monday to Friday, from 18:00 to 22:00) Free call – 800 20 10 40 Centres for Advice and Early Detection of HIV (CAD) Aveiro CAD – Centro de Saúde da Aveiro Pr. Rainha D. Leonor 2410-272 Leiria 3810 Aveiro Tel.: 234 378 650 Barreiro CAD - Ext. Saúde Henrique Galvão Av.Henrique Galvão, 39 2830 Barreiro Tel.: 21 207 23 61 ACCESS TO HEALTH CARE Braga CAD Largo das Carvalheiras, 52 Braga Tel.: 253 273 371 Castelo Branco CAD Rua Amato Lusitano, 25 Castelo Branco Tel.: 272 324 973/4 Coimbra CAD Av. Bissaia Barreto – Edifício BCG 3076-076 Coimbra Tel.: 239 487 400 Faro CAD Rua Brites de Almeida, 6 – 3º Esq 8000-234 Faro Tel.: 289 812 528 Guarda CAD – Centro de Saúde da Guarda Parque da Saúde da Guarda Av. Rainha D. Amélia 6301-858 Guarda Tel.:271 223 422 Leiria CAD – Laboratório de Saúde Pública Rua General Norton de Matos Tel.:244 816 483/4 Lisboa CAD – Fundação Nossa Sa. Do Bom Sucesso Av. Dr. Mário Moutinho – Restelo 1400-136 Lisboa Tel.:21 303 14 27 / 21 301 69 80 95 96 IMMIGRATION IN PORTUGAL CAD – Centro de Saúde da Lapa Rua de São Ciro, nº 36 1200-831 Lisboa Tel.:21 393 01 51 Ricardo Jorge National Institute of Health Av. Padre Cruz 1600-560 Lisboa Tel.:21 751 92 00 (HIV/AIDS tests) CAD Móvel – 962 000 506 Setúbal CAD – Centro de Saúde de S. Sebastião Ext. Saúde de Vale do Cobro Av. das Descobertas 2910 Setúbal Tel.: 265 708 007 Vila Real CAD Rua Gonçalo Cristóvão, nº 2 5000-686 Vila Real Tel.:259 378 953 Porto Instituto Nacional de Saúde Dr. Ricardo Jorge Largo 1º de Dezembro 400-404 Porto Advice on Sexually Transmitted Diseases (free, appointment on the day) Centro de Saúde da Lapa Rua de São Ciro, nº 36 1200-831 Lisboa Tel.:21 393 01 51 Emergencies Tel.: 112 ACCESS TO HEALTH CARE Poisoning Advice Tel.: 808 253 143 Health Line 24 Tel.: 808 242 424 Life Line – SOS Drugs Tel.: 14 14 Life Line Tel.: 800 266 666 SOS Children Tel.: 21 793 16 17 SOS Breast-feeding Tel.: 21 388 09 15 SOS pregnancy Tel.: 808 201 139 / 21 386 20 20 Portuguese Assocation for Support to Victims (APAV) Tel.: 707 200 077 Association of Portuguese Women against Violence Tel.: 21 386 67 22 Information for Victims of Domestic Violence Tel.: 800 202 148 SOS Women Tel.: 808 200 175 Alcoholics Anonymous Tel.: 21 716 29 69 Narcotics Anonymous Tel.: 800 202 013 97 98 IMMIGRATION IN PORTUGAL ACCESS TO EDUCATION INTRODUCTION The Office of the High Commissioner for Immigration and Intercultural Dialogue, in collaboration with the Intercultural Secretariat, created this chapter for immigrant parents that have school age children so that they can open the door to success and, through cooperation between the school and family, succeed in becoming fully integrated into our society, which, we hope, will welcome them with open arms. All parents want their children to learn, find success and be happy. They hope that school will prepare the child to be a part of society as a responsible and active citizen. School can and should help the family in such an important task as educating its children, but this will only be possible if the school and the family work together. To work together they must know each other. This chapter, therefore, provides useful information for immigrant parents to become more familiar with the school system in this country and so, more closely follow their children’s progress. 99 100 IMMIGRATION IN PORTUGAL DO MY CHILDREN HAVE THE RIGHT TO EDUCATION? Yes, your children have the same right to education as any Portuguese child. The Interministerial Working Group, within the Office of the High Commissioner for Immigration and Ethnic Minorities, published a Resolution in February 2000 for children without papers, with the following recommendations: 1. That all children and adolescents, even those without papers, have the right to enrol in a school and to re-enrol as necessary; 2. That all their academic results be published, for all scholastic and legal intents and purposes, under the same conditions as any other student; 3. That they have equal rights to take examinations (including national examinations) with a view to furthering their education without discrimination; 4. That they have the right to transit from one year or cycle (ciclo) to another, according to each individual case, without provisional effects or suspension, irrespective of their situation in the country; 5. That socio-educational support be guaranteed without discrimination through the presentation of evidence as required by the general guidelines for the analysis and processing of data of the bulletins for candidature to subsidies, studies and exemptions from fees; 6. That in the absence of documents proving academic qualifications or the non-feasibility in obtaining them, the applicant may exceptionally request authorisation, by soundly-based means, that that document be substituted by a declaration, issued on the applicant’s word of honour, that indicates the studies concluded. This should be accompanied by a declaration issued by an accredited diplomatic mission in Portugal or by a competent reception centre related to the coun- ACCESS TO EDUCATION try of origin. The applicant will have to take an examination in accordance with his claim. 7. Diplomas and certificates of the studies concluded must be issued by the school. ENROLMENTS WHEN SHOULD I ENROL MY CHILD? The first enrolment is compulsory when the child reaches 6 years of age before 15 September. This is done between the beginning of January and 31 May at the school nearest the Parents / Guardian’s residence or the area where they work. Re-enrolment takes place at the end of each school year. CAN I ENROL MY CHILD OUTSIDE THIS TIME WINDOW? Schools accept enrolments at any time of the year for the 1st, 2nd and 3rd cycles of primary education with a written request from the child’s Parent / Guardian. Enrolment for secondary education can also be accepted with the payment of a supplementary fee and depending on vacancies. WHAT IF THE CHILD NEEDS TO CHANGE SCHOOLS IN THE MIDDLE OF THE YEAR? The transfer of students is generally not allowed during the school year in primary or secondary school, except for special reasons duly reviewed by the executive board / pedagogical board and in accordance with the express and soundly-based will of the child’s parent/guardian or the student when an adult, or in the event of a change of residence or choosing an optional or specific discipline. Students that have not requested a change of school can only be transferred to different schools or groups of schools after the Parent / Guardian or the student 101 102 IMMIGRATION IN PORTUGAL (when an adult) has been heard and through a soundlybased agreement between the executive boards of the respective schools or groups of schools or, through a second hearing, through authorisation of the relevant regional educational board. WHAT DOCUMENTS ARE NECESSARY FOR ENROLMENT? • The child’s cédula (a type of ID card the child has until school age), identity card or passport or a certificate from the embassy of the country of the child’s origin • A correctly completed enrolment form with a photograph. This is supplied by the school and if you have difficulty in filling in the form a member of the school staff will help you. • The vaccination book, health centre card and a “connection form”, which is filled in by the Health Centre and allows the immediate detection of visual and hearing problems. It is therefore essential that you register at the Health Centre. • If you have difficulty in acquiring these documents, explain your problem to the school. IN WHICH SCHOOL SHOULD I ENROL MY CHILD? You should enrol your child in the school of the area where you live or, if it is easier for you, in the area where you work. CAN THE SCHOOL REFUSE THE ENROLMENT? The school in the area where the Parents / Guardian reside or where they work can only refuse the enrolment if the child is over 15 years of age or if there are no vacancies at the school. In this case the school will try to find the student a place in another school in the area. ACCESS TO EDUCATION IF I AM RESIDING WITHOUT AUTHORISATION CAN MY CHILDREN BE ENROLLED AND ATTEND SCHOOL? All children, whatever their situation in the eyes of the law of the country receiving them, have the right to education, i.e. the right to attend school and enjoy all the benefits like any other child. All foreign nationals that are minors, illegal, under the minimum age permitted by law to be able to sign a work contract, dependent on their family, have the same educational rights attributed to minors legally registered in the country. This right is enshrined in Decree-Law nº. 67/2204 of 25 March. TIMETABLES WHAT ARE THE SCHOOL TIMETABLES? 1st cycle Students have 25 hours of lessons per week. Classes begin at 9.00 am and end at 3.30 pm, with an interval in the middle of the morning and at lunch. However, some schools work in shifts. In this case, the student will have classes from 8.00 am till 1.00 pm or from 1.15 pm till 6.15 pm. You can choose either shift, and the school will try to respect your choice. 103 104 IMMIGRATION IN PORTUGAL 2nd and 3rd cycles Students have approximately 30 hours of classes weekly, mainly in the morning or afternoon. DOES THE SCHOOL HAVE EXTRA-CURRICULAR ACTIVITIES? 1st cycle Almost all schools have extra-curricular activities as a back-up to normal lessons (English, information technology), as decreed by the Ministry of Education. Some schools, however, offer free time activities (ATL), generally organised by the Parents’ Association, and are not always free of charge. 2nd and 3rd cycles Schools frequently offer activities in the 2nd and 3rd cycles, sometimes in the form of clubs (Environment, Europe, Photography), which are optional and free but with a limited timetable (two or three hours per week), and sporting activities. SUPPORT DO SCHOOLS PROVIDE LUNCH? Most schools have a canteen and provide meals. The student pays 1.42 euros for lunch, which may be partially or totally subsidised. The price changes every year in accordance with legislation. ARE THERE FOOD SUBSIDIES? You must fill in a form at the school in order to request economic aid, supplying information regarding the family’s income. According to this income you may have the right to a partial or total subsidy. Free milk is provided daily to all students of the 1st cycle. ACCESS TO EDUCATION 105 ARE THERE SUBSIDIES FOR SCHOOL BOOKS? The information provided in the form mentioned above will also determine whether you have the right to a partial or total subsidy for books and other school material. INFORMATION MAY I VISIT THE SCHOOL? Yes, at any time. Speak to the school board and ask for the necessary information. TO WHOM SHOULD I SPEAK? The school board will answer your questions and direct you to any other body if necessary. MAY I SPEAK TO MY CHILD’S TEACHER? The parents should always speak to the child’s teacher whenever he or she has an urgent concern or need. You may do this in person, by telephone or through a message written in your child’s exercise book in the 1st cycle. In the 2nd and 3rd cycles you can write a message in your child’s register or speak to the class director. In secondary school, you must speak to the class director if the student is under 18 years of age. IS THERE A TIMETABLE FOR TEACHERS TO RECEIVE PARENTS? There is only one teacher per class in the 1st cycle. He or she will schedule a time every week in order to speak to parents. Classes in the 2nd and 3rd cycles have more than one teacher, so the contact is made through the class director. Parents and teachers can exchange views about the school, classes and a child’s behaviour and progress. If it is not possible to speak to the class director at the time he usually receives parents, request another meeting. 106 IMMIGRATION IN PORTUGAL WHAT HAPPENS WHEN A STUDENT HAS DIFFICULTIES WITH PORTUGUESE? Schools have special activities for teaching Portuguese as a second language. Attendance is compulsory and does not exempt the child from attending normal classes in Portuguese. If necessary, the school can offer its premises to promote the teaching of Portuguese as a second language. LEARNING DIFFICULTIES MY CHILD HAS LEARNING DIFFICULTIES. WHAT SHOULD I DO? If you see that your child is different from his or her siblings and the children around him/her (hearing or sight impairment, difficulty in speaking or learns very slowly) ask his teacher to pay special attention to him/her and then take him/her to your family doctor. IS THERE SPECIAL SUPPORT INSIDE OR OUTSIDE THE SCHOOL? Some children need a different approach and more attention. These children are part of a class and work with their colleagues, but besides their class teacher they may have specific support from a specialised teacher who will help to find the most suitable way to teach the child and help him with his difficulties. EQUIVALENT ACADEMIC LEVELS If my child has attended school in the country of origin how can I obtain evidence of attendance? You should present the school with a certificate stamped by the Portuguese Embassy in the student’s country of origin or from the Consulate of his country in Portugal. The student will be placed in a class and can immediately begin attending classes in accordance with the level he has reached. The certificates must be translated into Portuguese. ACCESS TO EDUCATION 107 THE RESPONSIBILITIES OF THE PARENTS AND THE SCHOOL In collaboration with the parents and the community, the school has the duty to stimulate the child’s harmonious development in both curricular and extra-curricular activities. The parents have the duty to actively follow their child’s school life by keeping in constant contact with his teachers so as to be aware of the child’s progress and problems. STUDY PLANS WHAT SUBJECTS WILL MY CHILD STUDY? The primary school curriculum is organised in two main areas: • Curricular subject areas • Non-curricular subject areas (personal and social education) All the curricular subject areas are integrated and organised so as to develop general and specific abilities such as: research, select and organise information/data, or cooperate with others in tasks and common projects. 108 IMMIGRATION IN PORTUGAL Citizenship education is included in all areas. The non-subject areas are common to all three cycles: Projects Area Accompanied Study Civic Training Moral and Religious Education (attendance optional) The subject areas vary with each cycle 1st cycle Portuguese Language Mathematics Environmental studies Artistic and Kinetic Expression 2nd cycle Portuguese Language A Foreign Language Portuguese History and Geography Mathematics Natural Sciences Visual and Technological Education Musical Education Physical Education 3rd cycle Portuguese Language Foreign Language I Foreign Language II History Geography Mathematics Natural Sciences Physics – Chemistry Artistic Education Technological Education Physical Education ACCESS TO EDUCATION 109 Optional subject (Information and Communication Technologies, for example) IF I ENCOUNTER DIFFICULTIES IN GETTING ACCESS TO EDUCATION AND HEALTH WHAT SHOULD I DO? You should contact the Office of the High Commissioner for Immigration and Intercultural Dialogue (ACIDI, I.P.) and explain your difficulties. A national register of foreign minors that are in the country illegally has been created. This register is exclusively to ensure that minors enjoy the benefits of health care and nursery and school education. It is the responsibility of ACIDI, I.P. to guarantee that the registered minors enjoy the same rights that the law attributes to legally registered minors in Portugal. ACIDI, I.P. is also responsible for the gathering, the treatment and the maintenance of the data gathered. 110 IMMIGRATION IN PORTUGAL USEFUL CONTACTS Ministry of Education’s Information and Public Relations Office (CIREP) Av. 5 de Outubro, 107 1069-018 Lisboa Tel: 21 793 16 03 Fax:21 796 41 19 e-mail: [email protected] Internet http://www.min-edu.pt Foreign Nationals and Border Control Service (SEF) Headquarters Rua Conselheiro José Silvestre de Ribeiro, 4 1649-007 Lisboa Tel.: 21 711 50 00 Regional Office, North Rua D. João IV, 536 4000-299 Porto Tel.: 22 510 43 08 Fax: 22 510 43 85 e-mail: [email protected] Regional Office, Centre Rua Venâncio Rodrigues, 25-31 3000-409 Coimbra Tel.: 239 82 40 45, 239 82 37 67 Fax: 239 823786 e-mail: [email protected] Regional Office, Lisboa, Vale do Tejo and Alentejo Av. António Augusto de Aguiar, 20 1069-119 Lisboa Tel. : 21 358 55 00 Fax: 21 314 40 53 e-mail: [email protected] ACCESS TO EDUCATION Regional Office, Algarve Rua Luis de Camões, 5 8000-388 Faro Tel.: 289 80 58 22/289 88 83 00 Fax: 289 80 15 66 e-mail: [email protected] Regional Office, Madeira Edifício das Forças Armadas, Aeroporto da Madeira 9100-101 Santra Cruz Tel.: 291 23 21 77/291 22 95 89/291 23 14 14 Fax: 291 23 19 18 e-mail: [email protected] Regional Office, Açores Rua Marquês da Praia e Monforte, 10 Apartado 259 9500-089 Ponta Delgada Tel.: 296 30 22 30 Fax: 296 28 44 22 e-mail: [email protected] Internet http://www.sef.pt email: [email protected] 111 112 IMMIGRATION IN PORTUGAL RECOGNITION OF QUALIFICATIONS AND SKILLS INTRODUCTION This chapter explains how to obtain recognition of qualifications and skills, where the respective applications should be lodged and which documents should accompany those applications. As this is a summary, however, the information does not answer all the issues that may arise in specific cases. 113 114 IMMIGRATION IN PORTUGAL 1 – GENERAL INFORMATION HOW IS THIS CHAPTER ORGANISED? Higher Education Qualifications Equivalence / recognition Professional recognition Other educational qualifications Academic recognition (equivalence from a school or the DGIDC) Professional recognition WHAT LEVELS OF TEACHING EXIST IN PORTUGAL? The Portuguese education system has three levels: preschool, school and extra-curriculum education. In turn, school education is divided into three levels: primary, secondary and higher. Pre-school: • Although not compulsory, it is open to all children from 3 to 5 years of age inclusive, with older children having the choice of entering kindergarten. Primary school: • Primary school is universal, compulsory and free. It spans nine years and is divided into three cycles (ciclos) the first is four years in duration, the second two years and the third three years. • Educational and training courses aim to provide children with a differentiated education. They enable them to conclude their compulsory schooling and obtain a certificate at the end of the 2nd and 3rd cycles plus a 1st or 2nd level professional qualification certificate. • On successful completion of primary education, the pupil receives a diploma. Upon request, a di- RECOGNITION OF QUALIFICATIONS AND SKILLS 115 ploma can also be issued at the successful conclusion of any cycle. Secondary school: • Any pupil who successfully completes primary school has the right to attend secondary school; • Secondary education is for three years; • Secondary education is organised in a differentiated way. Its courses are oriented for working life or for the continuation of studies (they all contain technical, technological and professional training components in the Portuguese language and culture, suitable for several courses); • On the successful conclusion of secondary school the pupil receives a certificate that confirms the training acquired and, in the case of courses mainly oriented for working life, the qualification obtained relevant to specific professional activities. • Secondary school Education and Training Courses are equivalent to the completion of this level of schooling and a level 3 professional qualification certificate is issued. • The Professional Courses are level III courses of secondary education with double certification. These courses are oriented for the pupils’ initial qualification and give priority to providing them with skills for the labour market and allowing them to continue their studies. Higher Education: Higher education encompasses universities and polytechnics and is organised in three cycles: ➢ Studies leading to a BA ➢ Studies leading to an MA ➢ Studies leading to a Doctorate 116 IMMIGRATION IN PORTUGAL Polytechnic higher education has three levels: BA – 180 ECTS credits with a normal duration of six semesters of student work. However, training may continue up to 240 ECTS credits, with a normal duration of seven or eight semesters of study, as a result of Portuguese and European legislation or of consolidated practice in leading higher education institutions in Europe. MA – 90 to 120 ECTS credits and a normal duration of three to four semesters of student work. The universities award the following degrees: BA – 180 to 240 ECTS credits for a normal six to eight semester course of student work; MA – 300 to 360 ECTS credits for a normal ten to twelve semester course of student work, in the event that it will lead to exercising a specific professional activity. The duration of the course is fixed by European Union legislation and is the result of a stable, consolidated practice within the European Union. RECOGNITION OF QUALIFICATIONS AND SKILLS 117 Within this cycle of studies, a BA is awarded to those who have attained 180 credits corresponding to the first six semesters. Doctorate – awarded to whoever has obtained a pass in the curriculum units of the doctorate course when it exists, at the moment the student publicly defends his thesis. Levels taught in the Portuguese educational system: Primary Education Cycle No. of years Age 1st cycle 4 6-10 2nd cycle 2 10-12 3rd cycle 3 12-15 Courses of Youth Education and Training (CRF) – Primary level Secondary Education General courses / 3 school years / 15 – 18 years of age Technological courses / 3 school years Specialised artistic courses / 3 school years Professional courses / 3 school years Youth Education and Training Courses (CRF) – Secondary Level SPECIAL AREAS OF EDUCATION 1 - The following are the special areas of education: a)Special education b)Professional training c)Adult education d)Portuguese teaching abroad 2 – Each one of these areas is an integral part of school education and is governed by special regulations. 118 IMMIGRATION IN PORTUGAL Adult education 1 – Adult education is for people who are above the normal age for attending normal school classes at primary and secondary level. 2 – This teaching is also for people who had no opportunity to attend school when they were of school age. Special attention is being paid to the elimination of illiteracy. 3 – The right to this education is open to the following people: a) Primary education from the age of 15; b) Secondary education from the age of 18. 4 – This teaching awards the same diplomas and certificates as normal education, but access and teaching plans and methods are different, as age, life experience and demonstrated level of knowledge are taken into consideration. Other formative/training courses for adults are available besides those offered in normal adult education: - Adult Education and Training Courses – EFA - Extra-curriculum Education Courses - National System for Recognition, Validation and Certification of Skills 1 - Adult Education and Training Courses – EFA EFA courses are flexible training courses for adults with little schooling and with professional qualifications. These courses may award school and professional certificates (9th grade and level 2 of professional training; 12th grade and level 3 of professional training) or only school certificates (4th, 6th,9th or 12th grade). They are for people of 18 years of age or RECOGNITION OF QUALIFICATIONS AND SKILLS 119 more who have not completed primary or secondary schooling. 2 – Extra-curriculum education The aim of extra-curriculum education is to allow people to increase their knowledge and develop their potential, as a follow-up to their schooling or to make up for their lack of schooling. The extra-curriculum courses are designated as follows: • • • • Literacy courses; Updating courses; Socio-educational courses; Socio-professional courses. They are for people who are above normal school age. 3 – National System for Recognition, Validation and Certification of Skills What is it? It works through a process that is carried out in the Centre for New Opportunities, which recognises, validates and certifies skills acquired by the adult in different contexts throughout his life. Who is it for? This system is for all those who have not had primary or secondary education and have acquired knowledge and skills through their life experiences. Primary level education (4th, 6th or 9th grade) is open to those of 18 years or more of age and have not attended or completed the 4th, 6th or 9th grades. Secondary level education (12th grade) is open to those of 18 or more years of age and have at least three years of professional experience. 120 IMMIGRATION IN PORTUGAL HOW DOES THE LEVEL OF EDUCATION IN PORTUGAL COMPARE TO THE LEVEL OF OTHER COUNTRIES? The comparison should be made taking into account the years of schooling – up to the 12th grade inclusive, the public Primary or Secondary school nearest the interested person’s residence should be contacted. II – ACCESS TO HIGHER EDUCATION WHO MAY REQUEST ENTRY INTO HIGHER EDUCATION? General Regulations for Entry to Higher Education In order to be able to enter the 1st phase of studies leading to the taking of a BA through national examinations, students must satisfy the following conditions: • To have successfully completed secondary education of have legally equivalent qualifications; • To have passed the entrance examination required for entry to the course he wishes to take with the minimum, or higher, grade required; • To satisfy the prerequisites required, (if applicable) for the course he wishes to take. Special entry regulations Besides the general regulations there are also special regulations for entry to higher education for students who come within the following categories: • Portuguese staff of Portuguese diplomatic missions abroad and family members living with them; • Portuguese nationals with scholarships abroad or civil servants on official missions abroad and family members living with them;; • Officers of the Portuguese Armed forces who RECOGNITION OF QUALIFICATIONS AND SKILLS 121 need to satisfy specific training demands of the Armed forces; • Students from Portuguese-speaking African countries with scholarships in Portugal who come within the framework of cooperation agreements signed by the Portuguese state; • Foreign staff of accredited diplomatic missions in Portugal and their families who are residing here under a reciprocal agreement with Portugal; • Practicing sportspersons involved in high-level competition. Special regimes Besides the general and special regulations there are special regimes for candidates with certain qualifications: • Candidates of over 23 years of age who do not have secondary education diploma but have passed a special assessment examination for admission to higher education; • Candidates who already hold medium or higher education diplomas; • Students that have already been enrolled in Portuguese or foreign higher education; • Holders of diplomas of specialised technological courses (post-secondary courses that are not higher education courses). Entry into any higher education institution is subject to numerus clausus (closed number). IS CLASS ATTENDANCE COMPULSORY? The internal regulations of each institution set the rules regarding class attendance. Each institution has a different regime, from compulsory attendance to a regime of final examinations and distance learning. To obtain information, contact the institution directly. 122 IMMIGRATION IN PORTUGAL IS PAYMENT REQUIRED FOR HIGHER EDUCATION IN PORTUGAL? Yes. Students at public institutions pay an annual fee, while those of private and cooperative institutions pay a monthly fee. IF I DON’T HAVE ECONOMIC MEANS TO PAY THE FEES CAN I GET AID IN ORDER TO CONTINUE STUDYING? Yes, in the case of foreign students from countries that have signed a cooperation agreement which provides for the application of such benefits or from countries whose law admits identical treatment to Portuguese students in similar circumstances. III – HIGHER EDUCATION QUALIFICATIONS A – ACADEMIC EQUIVALENCE / RECOGNITION WHAT LEGISLATION REGULATES EQUIVALENCE / RECOGNITION • Decree-Law no. 283/83 of 21 June, which regulates the equivalence / recognition of foreign qualifications. • Decree-Law no. 341/2007 of 12 October, which instituted a new legal regime for recognising foreign higher education academic levels. DECREE-LAW No. 283/83 OF 21 JUNE WHO CAN REQUEST THE EQUIVALENCE / RECOGNITION OF ACADEMIC DIPLOMAS AND QUALIFICATIONS AT HIGHER EDUCATION LEVEL? In accordance with Decree-Law no. 283/83 of 21 June, which regulates the equivalence of foreign higher education qualifications to the corresponding Portuguese qualifications, the following persons can request recognition / equivalence: RECOGNITION OF QUALIFICATIONS AND SKILLS 123 a) Portuguese nationals; b) Foreign nationals of countries: I)with whom specific agreements regarding equivalence have been signed, where those agreements produce the effects provided for in this law; II)or, in the absence of this, whose legislation grants Portuguese nationals the rights provided for in this law within the framework of the principle of reciprocity. WHAT IS THE MEANING OF THE PRINCIPLE OF RECIPROCITY? It means that the legislation of the applicant’s country of origin allows a Portuguese citizen to apply for equivalence of his diploma and grants him all the corresponding rights resulting from his holding a certificate or diploma he has been awarded, in accordance with the laws in force in that country. Nationals from European Union countries, Brazil and countries that have ratified the Council of Europe / UNESCO Joint Convention of the Recognition of Qualifications Relative to Higher Education in Europe (Lisbon Convention) are exempted from presenting proof of reciprocity. Note: A list of countries that have ratified the abovementioned Convention can be found at the end of this chapter in Annex I. Nationals from countries not covered by the abovementioned clauses should present a document to the institution where they lodged their request for equivalence / recognition, declaring that a Portuguese citizen that wishes to request the equivalence / recognition of his higher education qualifications will receive the same treatment as nationals of that country, in accordance with the legislation in force regarding that matter. 124 IMMIGRATION IN PORTUGAL IS IT POSSIBLE TO REQUEST EQUIVALENCE IN ONE’S COUNTRY OF ORIGIN? CAN YOU DO IT THROUGH AN ATTORNEY It is possible to request equivalence in one’s country of origin, on one’s own initiative or through an attorney (if the attorney satisfies the conditions required in order to prove his status of attorney). ARE THERE DIFFERENT TYPES OF RECOGNITION FOR HIGHER EDUCATION DIPLOMAS? WHAT IS THE DIFFERENCE BETWEEN “EQUIVALENCE” AND “RECOGNITION”? The following distinction must be made: • Academic equivalence – when there are levels or diplomas of an identical nature in the same area in the Portuguese higher education system, which assumes a similarity in the diploma obtained, the length of the course, the syllabus and number of classroom hours. In this case, the levels reached and diplomas obtained in foreign higher education establishments can be declared as equivalent to the levels of Doctorate, MA and BA by higher education institutions. • Academic recognition – when there is no course of the corresponding certificate or diploma level in the Portuguese higher education system (when there is a significant difference in the syllabus structure but no difference in the course level). In the event of the qualification being recognised, the effects it should produce will be indicated through the mention of: a) the level to which it corresponds in the Portuguese higher education system; b) possible restrictions on the academic and/ or professional effects. RECOGNITION OF QUALIFICATIONS AND SKILLS 125 WHERE DO I GO TO REQUEST THE EQUIVALENCE / RECOGNITION OF DIPLOMAS? The granting of equivalence is the exclusive responsibility of higher education public institutions and the Portuguese Catholic University. In the case of requests for recognition and equivalence for MAs and Doctorates, the request and all the necessary documents should be submitted to the deanery of the teaching establishment chosen. In other cases, the request should be presented to the Scientific Board or to the Academic Services of the institutions where the applicant intends to request equivalence. The request must cite: a) The foreign level or diploma for which equivalence is required and the teaching establishment where it was obtained; b) The Portuguese level or diploma for which equivalence is requested. Request forms (Decree no. 1071/83 0f 29 December) • Form no. 524 – equivalence for Doctorate; • Form no.525 – equivalence for MA; • Form no. 526 – equivalence for BA or higher education courses that do not award degrees; • Form no. 527 – recognition of qualifications. The forms are available on-line (www.incm.pt) and can also be acquired in the shops of the Imprensa Nacional – Casa da Moeda – Rua Filipe Vilhena, no. 12, 1000-136 Lisboa, or at the Commercial Department – Rua Marquês Sá da Bandeira, no. 16 A, 1050-148 Lisboa, telephone 213 301 700, fax 213 301 707. The choice of the higher education teaching establishment where the request for equivalence will be submitted is the responsibility of the applicant. 126 IMMIGRATION IN PORTUGAL In order to make this choice, the applicant must take the following into account: • The name of the course (please note that courses with the same content do not always have the same name); • The similarity of the syllabus; • The length of the course; • The content of the programmes. WHAT DOCUMENTS ARE NECESSARY? The required documents vary in accordance with the level in question. The following documents are necessary in the case of equivalence for BAs: a) A document certifying that you have the foreign level or diploma for which equivalence is requested; b) Document issued by the competent authorities of the foreign university which shows the subjects in which you obtained a pass mark and which led to obtaining of the level or diploma for which you request equivalence, the number of hours per year and per subject, the syllabuses for each year and subject, as well as the duration of the studies that led to the completion of the diploma and the respective final classification or, if not awarded, the classification of each subject. c)2 examples of each dissertation considered autonomously in the syllabus if they exist. The following documents are necessary in the case of equivalence for an MA: a) Document certifying the level for which equivalence is requested; b) Document issued by the competent authorities of the foreign university which shows the subjects in which the applicant obtained a pass mark on a course that falls within the framework of the RECOGNITION OF QUALIFICATIONS AND SKILLS 127 conditions needed to obtain the level for which equivalence is requested; c) 2 examples of the dissertation and other works that were presented for obtaining the level for which equivalence is requested; d) Regulations laying down the conditions for admission and the awarding of the foreign level for which equivalence is requested, at the time of the obtaining of the diploma. The following documents are necessary in the case of equivalence for a Doctorate: a) Document certifying the level for which equivalence is requested; b) Document issued by the competent authorities of the foreign university which shows the subjects in which the applicant obtained a pass mark on a course that falls within the framework of the conditions needed to obtain the level for which equivalence is requested; c) 2 examples of the dissertation and other works that were presented for obtaining the level for which equivalence is requested; d) 2 examples of your curriculum vitae up to obtaining the level for which equivalence is requested. Note: the works and dissertations must be stamped by the competent authorities of the university or teaching establishment, citing that they are works and/or dissertations presented for the obtention of the level or diploma for which equivalence is requested. Documents issued by foreign higher education institutions should be recognised by the local Portuguese consul and/or legalised by the Apostille Certificate relative to abolishing the requirement for legalisation (better known as the Hague Convention), signed in The Hague on 5 October 1961. All contacts with Portuguese Embas- 128 IMMIGRATION IN PORTUGAL sies and Consulates throughout the world can be consulted on the Ministry of Foreign Affairs site http://www. min.nestrangeiros.pt/mne/estrangeiro. CAN ADDITIONAL DOCUMENTS BE REQUESTED? Yes, whenever the jury considers it necessary in order to assess the request it may ask the applicant for additional elements, namely conditions of admission, regulations and syllabuses. WHICH DOCUMENTS SHOULD BE TRANSLATED? The jury and/or the Scientific Board can demand, in justified cases, the translation of documents and works when the originals are in a foreign language. The presentation of the original is always compulsory. WHAT ARE THE BASIC CRITERIA FOR THE GRANTING OF EQUIVALENCE? The evaluation of the request for equivalence is made taking the scientific merit into consideration in the face of elements presented and the intention expressed in the application form. WHAT IS THE MAXIMUM TIME LAPSE FOR A DECISION TO BE MADE REGARDING A REQUEST FOR EQUIVALENCE? In the case of equivalence for BAs and higher education courses that do not grant degrees, the decision to grant or refuse equivalence must be taken within 60 days following the lodgement of the request. In the case of Doctorates and MAs, there is legislation that determines the deadlines of each stage. The maximum cumulative time for decisions regarding the granting or refusal is 150 days (see Decree-Law no. 283/83 of 21 June). RECOGNITION OF QUALIFICATIONS AND SKILLS 129 HOW MUCH WILL THE EQUIVALENCE RECOGNITION PROCESS COST ME? The granting of equivalence or recognition is subject to charges, which are due to the body that deals with the proceedings. The amount payable, including that for the certification, can neither exceed the cost of the service nor the maximum amount fixed by decree by the Minister for Science, Technology and Higher Education. WHAT CAN I DO IF THE REQUEST FOR EQUIVALENCE IS REFUSED? Refusal does not rule out the presentation of a second request at a different teaching establishment or even at the same one for a different course. However, only one can be submitted at any one time (art. 28 of Decree-Law 283/83 of 21 June). There is no limit to the number of times a request for equivalence can be submitted, but this can only be done after being notified of the final decision regarding the previous request or if you cancel the request. MAY I CONCLUDE A DEGREE COURSE STARTED AT A FOREIGN UNIVERSITY AT A PORTUGUESE HIGHER EDUCATION ESTABLISHMENT? Yes, but you must take into account the similarity of the syllabus of the course already started and the course you intend to take in the Portuguese public higher education system or in the private and cooperative higher education system. AFTER I OBTAIN EQUIVALENCE, DO I HAVE THE RIGHT TO EXERCISE A PROFESSIONAL ACTIVITY IN ACCORDANCE WITH THE QUALIFICATION I HAVE BEEN ATTRIBUTED? The granting of equivalence does not give you the right to exercise a professional activity in certain fields, namely those regulated. It is necessary to satisfy the requirements of the entities responsible for the regulated professions (see more detailed explanation in the next chapter). 130 IMMIGRATION IN PORTUGAL DECREE-LAW No. 341/07 OF 12 OCTOBER WHO CAN REQUEST RECOGNITION UNDER DECREE-LAW No. 341/07 OF 12 OCTOBER? Holders of academic degrees awarded by foreign higher education institutions whose levels, aims and nature are identical to the BA, MA or Doctorate awarded by Portuguese higher education institutions. WHO DEFINES WHICH FOREIGN DEGREES CAN BE REGISTERED? A Commission for the Recognition of Foreign Degrees has been created under this new regime that will define, through general deliberations, the list of degrees covered by this legal diploma. WHICH FOREIGN DEGREES CAN BE REGISTERED? • The academic degrees awarded by foreign higher education institutions that, through reasoned deliberation of the Commission for the Recognition of Foreign Degrees, are part of a list to be published on the internet site of the Directorate-General of Education. • The academic degrees awarded by higher educa- RECOGNITION OF QUALIFICATIONS AND SKILLS 131 tion institutions of a Member State of the Bologna Process, following the 1st, 2nd and 3rd cycles of study organised in accordance with the principles of this process and accredited by a recognised accrediting body within the framework of the Process; • Foreign academic degrees that fall within the framework of the international agreement of equivalence or recognition. WHERE CAN I REGISTER THE DIPLOMAS THAT SHOW FOREIGN HIGHER EDUCATION DEGREES? The diploma must be registered by the holder or by his legal representative in the following way: For BA or MA degrees: • With the dean of a Portuguese public university; • With the president of a public polytechnic institute; • With the director-general of higher education. For a doctorate: • With the dean of a Portuguese public university; • With the director-general of higher education. WHAT DOCUMENTS ARE NEEDED TO PROCEED WITH THE REGISTRATION? The registration request is compulsorily and exclusively processed with: • The original of the diploma or document issued by the competent authorities of the foreign higher education establishment that unequivocally proves that the degree was awarded; • A copy of the thesis or dissertation defended when dealing with the registration of a diploma with a level recognised as corresponding to the level of Doctorate or MA. (This can also be submitted in digital form). 132 IMMIGRATION IN PORTUGAL When necessary, the applicant may be asked to provide a translation of the diploma and the front cover of the thesis when they are written in a foreign language other than Spanish, French, English or Italian. WHAT IS THE COST OF REGISTRATION? The amount due for each registration is fixed by the institutions, but it must not exceed the cost of the service nor be more than €25. WHAT IS THE DEADLINE FOR PROCESSING THE REGISTRATION? Registration must be made within one month from the time of submission of the request, duly completed, by the body from which it is requested. WHERE CAN I OBTAIN MORE DETAILED INFORMATION ABOUT HIGHER EDUCATION? For more detailed information about higher education you should contact the Diploma Recognition Information Centre (NARIC) in the Directorate-General of Higher Education or consult the following websites: www.mctes.pt www.dges.mctes.pt www.naricportugal.pt WHO GRANTS THE EQUIVALENCE FOR PRIMARY AND SECONDARY EDUCATION? a) Equivalence for primary and secondary education is, in part, granted by the management bodies of official or private and cooperative teaching establishments if they have pedagogic autonomy under the terms of Decree-Law no. 227/2005 of 28 December. b) Requests for foreign equivalence that are not covered by any of the decrees must be presented to the teaching establishments and then sent to the Directorate-General of Curriculum Innovation and Development. RECOGNITION OF QUALIFICATIONS AND SKILLS 133 WHICH ENTITIES SHOULD BE CONTACTED IN ORDER TO OBTAIN EQUIVALENCE? • The administrative services of the public or private and cooperative teaching establishments in your area of residence • In case of doubt you may also contact the Directorate-General of Curricular Innovation and Development (DGIDC) at Av. 24 de Julho, no. 140 and/ or 138, in Lisbon. WHICH DOCUMENTS ARE NECESSARY IN ORDER TO BE GRANTED EQUIVALENCE? • Form no. 198 of the Ministry of Education Publications Office, which can be obtained from the stationery offices of official or private and cooperative teaching establishments; • A copy of the certificate of qualifications of the last grade the applicant successfully completed, previously authenticated by the Portuguese embassy or consulate in the applicant’s country of origin or by the embassy or consulate of the applicant’s country in Portugal or with the apostille for the countries that ratified the Hague Convention (a list of these countries can be found at the end of the chapter, in annex VII); • Other documents that can prove or elucidate the qualification referred to in the request for equivalence, such as the applicant’s school register (showing the number of years of school attendance), bulletin of the subjects and examinations with the respective classifications of the last 2 or 3 years concluded and diplomas, • Special situation: (art. 10, Decree-Law no. 227/2005) if, for duly recognised force majeure reasons, it is not possible to prove the qualifications acquired by means of certificates, the applicant can be exceptionally authorised to substitute them with a written declaration from his guardian who acts 134 IMMIGRATION IN PORTUGAL on his behalf or by the applicant himself if he is of adult age, who, on his word of honour, plus a declaration issued by the accredited diplomatic mission in Portugal or a competent reception centre related to the applicant’s country of origin if it has no diplomatic mission in Portugal, which justifies the exceptional request; • In this situation the interested party that wishes to have his qualifications recognised as equivalent to the conclusion of the 2nd or 3rd cycles must take an assessment examination in Portuguese as a second language and Mathematics; • The interested party that wishes to have his qualifications recognised as equivalent to the conclusion of secondary education must take a 12th grade level examination in the following subjects: - Portuguese as a second language; - Two core subjects of a specific field if the equivalence requested corresponds to a scientific – humanities course. - One subject with a scientific training component and a technological, technical or technico-artistic component if the equivalence requested corresponds to a course that awards professional qualifications. MUST THE DOCUMENTS BE TRANSLATED? The request must be accompanied by documents duly translated if they are written in foreign language. WHO CAN DO THESE TRANSLATIONS? The translations can be done by anyone, but they must be authenticated by the applicant’s embassy or consulate. RECOGNITION OF QUALIFICATIONS AND SKILLS 135 WHAT IS THE MAXIMUM LENGTH OF TIME FOR A DECISION TO BE MADE IN REGARD TO A REQUEST FOR EQUIVALENCE? A maximum of 30 days, in accordance with clause 1, art. 8 of Decree-Law no. 227/2005 of 28 December. HOW MUCH DOES A PROCESS OF EQUIVALENCE COST? There is no charge for this certificate. CAN I APPEAL AGAINST THE REFUSAL TO GRANT EQUIVALENCE? In the event of a refusal, the guardian or the applicant himself, if he is of adult age, may appeal to the Ministry of Education. HOW MANY TIMES CAN ONE REQUEST EQUIVALENCE? More than one request for equivalence may be made if there is due reason, namely the purpose of the request, an alteration in qualifications, new documents to be added to the process or explain the qualifications initially presented, within the deadline fixed by teaching establishment. B – RECOGNITION OF PROFESSIONAL QUALIFICATIONS WHAT IS PROFESSIONAL RECOGNITION? It is proof of professional qualifications obtained in other countries allowing the corresponding activity or profession to be exercised in Portugal and providing equal rights in the labour market. WHAT IS THE PROCESS FOR ACQUIRING PROFESSIONAL RECOGNITION AT EUROPEAN UNION LEVEL IN THE CASE OF REGULATED PROFESSIONS? Through the implementation of Directive 2005/36/CE, which is applicable to any citizen of a member state that wishes to exercise a regulated profession in a member 136 IMMIGRATION IN PORTUGAL state other than the one where he acquired his professional qualifications, whether as a freelance or a salaried worker. WHAT DOES “REGULATED PROFESSION” MEAN? Regulated profession means a professional activity or a series of professional activities in which admission, the exercise, or one of the ways of exercising the profession, directly or indirectly depends on having specific professional qualifications. WHAT IS THE AREA OF APPLICATION OF DIRECTIVE 2005/36/CE? Directive 2005/36/CE applies to: • Professions for which one must hold specific qualifications in a reception Member State (regulated professions), based on the principle of mutual recognition, without detriment to the application of compensatory measures in the event of substantial differences between the training received by the immigrant and that required by the reception Member State; • Industrial, handicraft and commercial activities regulated in the Member States, to which automatic recognition of proven professional qualifications by professional experience is applicable; • Specific professions such as doctor, nurse responsible for general care, dentist, veterinary surgeon, midwife, pharmacist and architect, to which automatic recognition of training certificates is applicable. TO WHOM MUST A REQUEST FOR PROFESSIONAL RECOGNITION BE SENT? To obtain information regarding legislation in force concerning this matter, the immigrant should previously obtain information from the National Coordination of Directive no. 2005/36/CE at the Ministry of Work and So- RECOGNITION OF QUALIFICATIONS AND SKILLS 137 cial Solidarity (Institute of Employment and Professional Training) if he possesses the necessary conditions to be able to begin the process of requesting recognition with the appropriate authority for the profession in question. A list of these professions and the respective competent authorities can be found in annex II. WHAT IS A APPROPRIATE AUTHORITY? It is the body authorised by a Member State to issue and receive professional certificates and other documents or information, as well as receive requests and take decisions related to the recognition of the said requests. HOW IS A REQUEST FOR RECOGNITION MADE? The request is made through the respective appropriate authority, it should be written in the applicant’s mother tongue and contain the following elements: a) Full name, nationality, date of birth, place of birth, and the applicant’s address for the purpose of communication; b) Name of the profession he wishes to exercise; c) The diplomas, certificates or other degrees issued or recognised by a Member State; d) Professional experience he has for the exercise of certain industrial, commercial or handicraft activities. The request should be accompanied by the following: • A copy of an official document identifying the applicant if it is presented in person, or an authenticated copy if not presented in person; • Authenticated copy of the documents mentioned in c) above when the original documents are not lodged in person; • Authenticated copy of a document proving professional experience for certain industrial, commercial or handicraft activities; • Authenticated copy of a document issued by the 138 IMMIGRATION IN PORTUGAL appropriate authority of the Member State of origin or where he has come from proving that he fulfils the conditions required by that Member State to exercise identical profession. • Proof of skill when required; • The fees for the cost of the process, the amount to be defined by the appropriate authority. In the event of being requested by the appropriate authority, these documents should be accompanied by a translation by a notary or official, legally recognised translator or authenticated by a diplomatic or consular official. HOW CAN I OBTAIN INFORMATION ABOUT DIRECTIVE 2005/65/CE IN PORTUGAL AND IDENTIFY THE COMPETENT AUTHORITIES WHO WILL RECEIVE AND PROCESS MY REQUEST? By contacting the coordinating body of the Directive: Institute of Employment and Professional Training Department of Professional Training Rua de Xabregas, 52 Telephone: +351 21 861 45 45 / +351 21 861 46 00 Fax: +351 21 861 46 08 You can also obtain information from contact persons of the competent authorities who can receive and process your requests (see annex II). WHAT IS THE PROCESS FOR PROFESSIONAL RECOGNITION FOR PROFESSIONS THAT DON’T REQUIRE DEGREES? Resolution of the Council of Ministers no. 173/2007 of 7 November implemented the reform of the National System of Professional Certification and the functions of the various entities and bodies, in order to distinguish between certification of education and the recognition of professional experience (to be encompassed in the RECOGNITION OF QUALIFICATIONS AND SKILLS 139 National Qualifications System) and the regulation for admittance to regulated professions (to be encompassed in the System for the Regulation of Admission to Professions). Decree-Law 396/2007 of 31 December, which establishes the legal regime of the National Qualifications System and defines its governing structures, created the National Qualifications Catalogue as an instrument of strategic management of non-higher education qualifications. In accordance with Article 4 of the above-mentioned Law, qualifications can be obtained through the training included in the Catalogue, through recognition of skills acquired through different life experiences and through the recognition of qualifications acquired abroad. Also in accordance with the abovementioned diploma, the recognition of qualifications acquired abroad, when not covered by special legislation (Article 13), is the responsibility of the National Qualifications Agency. The rules to govern the process of recognition in accordance with the references of qualification mentioned in the National Qualifications Catalogue are still pending approval, therefore, we suggest you contact the National Qualifications Agency for further information. National Qualifications Agency Av. 24 de Julho, no. 138 1399-026 Lisboa Telephone: 213 943 700 Fax: 213 943 799 E-Mail: [email protected] IMMIGRATION IN PORTUGAL 140 ANNEX I A list of countries that have ratified the Lisbon Convention and whose nationals are exempt from proof of reciprocity (updated on 28-01-08) Albania Germany Armenia Australia Austria Azerbaijan Belarus Bulgaria Kazakhstan Cyprus Croatia Denmark Slovakia Slovenia Estonia Finland France Georgia Hungary Ireland Iceland Israel Latvia Liechtenstein Lithuania Luxembourg Macedonia Malta Montenegro Norway New Zealand Poland Portugal Kyrgyzstan United Kingdom Czech Republic Romania Russia The Holy See Serbia Sweden Switzerland Turkey Ukraine RECOGNITION OF QUALIFICATIONS AND SKILLS 141 ANNEX II Regulated Professions and Competent authorities in Portugal (Directive 2005/36/ce, of the European Parliament and Council of 7 September 2005) Forest fire fighter Directorate General of Forestry Resources Av. João Crisóstomo, 28 1069-040 Lisboa Telefone +351 21 3124800 Fax +351 21 3124988 E-mail [email protected] www.dgrf.min-agricultura.pt MINISTRY OF AGRICULTURE, RURAL DEVELOPMENT AND FISHERIES (MADRP) Artificial Insemination Agent Directorate General of Veterinary Medicine Largo da Academia Nacional de Belas Artes, 2 1249-105 Lisboa Telefone +351 21 3239500 Fax +351 21 3463518 www.dgv.min-agricultura.pt MINISTRY OF AGRICULTURE, RURAL DEVELOPMENT AND FISHERIES (MADRP) Veterinary Surgeon Veterinary Surgeons Association Edifício da antiga Escola Superior de Medicina Veterinária Rua Gomes Freire 1169-014 Lisboa Telefone + 351 21 312 93 70 Fax + 351 21 312 93 79 E-mail [email protected] www.omv.pt MINISTRY OF AGRICULTURE, RURAL DEVELOPMENT AND FISHERIES (MADRP) 142 IMMIGRATION IN PORTUGAL Professional Diver Directorate General of the Maritime Authority Praça do Comércio 1100-148 Lisboa Telefone +351 21 3255400 Fax +351 21 3424137 E-mail [email protected] www.marinha.pt MINISTRY OF DEFENCE (MDN) Lifeboat Helmsman Lifeboat crewman Lifeguard Institute of Lifeboat Services Rua Direita de Caxias, 31 2760-042 Caxias Telefone +351 21 4544710 Fax +351 21 4410390 E-mail [email protected] www.marinha.pt MINISTRY OF DEFENCE (MDN) National tourist guide Tourist courier Hotel Manager Receptionist Porter Housekeeper Chambermaid Wine waiter Waiter Barman Chef Pastry chef Pantryman Linen keeper Driver Regional tourist guide Transfer courier Assistant manager Croupier Portugal Tourism Rua Ivone Silva, Lote 6 1050-124 Lisboa Telefone +351 21 7810000 Fax +351 21 7937537 www.turismodeportugal. pt MINISTRY OF ECONOMIC AFFAIRS AND INNOVATION (MEI) RECOGNITION OF QUALIFICATIONS AND SKILLS Energy assessor Electricity: Technician responsible for Household Electrical Installation Project Technician responsible for Household Electrical Installation Exploration Technician responsible for Household Electrical Installation Execution Gas: Planner Gas technician Gas network fitter Gas apparatus mechanic Welder Gas-propelled vehicle technician Gas-propelled vehicle mechanic Directorate General of Geology and Energy Av. 5 de Outubro, 87 1069-039 Lisboa Telefone +351 21 7922800 Fax +351 21 7939540 E-mail [email protected] www.dgge.pt MINISTRY OF ECONOMIC AFFAIRS AND INNOVATION (MEI) Kindergarten teacher Primary school teacher (1st, 2nd and 3rd cycles) Secondary school teacher Directorate General of Human Resources in Education Av. 24 de Julho, 142 1399 – 024 Lisboa Telefone +351 21 393 86 00 Fax +351 21 397 03 10 E-mail correio@dgrhe. min-edu.pt www.dgrhe.min-edu.pt MINISTRY OF EDUCATION (ME) 143 IMMIGRATION IN PORTUGAL 144 Accountant Association of Chartered Accountants Av. Barbosa do Bocage, no. 45 1049 - 013 Lisboa Telefone +351 21 799 97 00 Fax +351 21 795 73 32 / 21 795 90 80 E-mail [email protected] www.ctoc.pt MINISTRY OF FINANCE AND PUBLIC ADMINISTRATION (MFAP) Official Agent of Industrial Property National Institute of Industrial Property Campo das Cebolas 1149 - 035 Lisboa Telefone +351 21 881 81 00 / 808200689 Fax +351 21 886 98 59 E-mail [email protected]. pt www.inpi.pt MINISTRY OF JUSTICE (MJ) Lawyers Lawyers Association Largo de S. Domingos, 14, 1º andar 1169-060 Lisboa Telefone +315 21 882 35 50 Fax +351 21 886 24 03 E-mail [email protected]. pt www.oa.pt MINISTRY OF JUSTICE (MJ) RECOGNITION OF QUALIFICATIONS AND SKILLS Planner of telecommunications infrastructures in buildings Telecommunications infrastructure fitter in buildings ICP – National Communications Authority Av. José Malhoa, 12 1099-017 Lisboa Telefone +351 21 7211000 Fax +351 21 7211001 www.anacom.pt MINISTRY OF PUBLIC WORKS, TRANSPORT AND COMMUNICATIONS (MOPTC) AND PRESIDENCY OF THE COUNCIL OF MINISTERS (PCM) 145 146 IMMIGRATION IN PORTUGAL Captain – coastal shipping Captain – coastal fishing boat Boatswain Captain - deep sea fishing boat Boatswain – fishing boat Master – fishing boat Master - coastal fishing boat Captain – local shipping Floating crane operator Ship’s engineer (1st, 2nd and 3rd classes) Engineer (1st, 2nd and 3rd class) Electrician Mechanic Radio operator (class A) Radio Operator (class B) Cook Deckhand (1st and 2nd class) Deckhand - fishing boat Fisherman Deckhand - local shipping Chief engineer Engineer’s mate Cabin steward Assistant cook Institute of Ports and Maritime Transport Edifício Vasco da Gama Rua General Gomes Araújo 1399 - 005 Lisboa Telefone +351 21 391 45 00 Fax +351 21 391 46 00 E-mail imarpor@mail. telepac.pt www.imarpor.pt MINISTRY OF PUBLIC WORKS, TRANSPORT AND COMMUNICATIONS (MOPTC) RECOGNITION OF QUALIFICATIONS AND SKILLS Transport manager Taxi driver Manager or Director of a taxi firm or individual Entrepreneur Children’s bus driver Driving instructor Under manager of a driving school Manager of a driving school Driving examiner Inspector of vehicles and trailers Vehicle inspector Institute of Mobility and Land Transport Av. Forças Armadas, 40 1649-022 Lisboa Telefone +351 21 7949000 Fax +351 21 7973777 E-mail [email protected] www.imtt.pt MINISTRY OF PUBLIC WORKS, TRANSPORT AND COMMUNICATIONS (MOPTC) Estate Agency Manager or Director Estate Agent Institute of Construction and Real Estate Av. Júlio Dinis, 11 1069-010 Lisboa Telefone +351 21 7946700 Fax +351 21 7946799 www.inci.pt MINISTRY OF PUBLIC WORKS, TRANSPORT AND COMMUNICATIONS (MOPTC) Civil Engineer Mechanical Engineer Electro-technical Engineer Mining Engineer Chemical Engineer Naval Engineer Geographic Engineer Agronomist Forester Metallurgical Engineer Information Technology Engineer Environmental Engineer Engineers Association Av. Sidónio Pais, 4E 1050 – 212 Lisboa Telefone +351 21 313 26 00 Fax +351 21 352 46 32 E-mail secretariagera@ cdn.ordeng.pt www.ordemengenheiros.pt MINISTRY OF PUBLIC WORKS, TRANSPORT AND COMMUNICATIONS (MOPTC) 147 148 IMMIGRATION IN PORTUGAL Civil Graduate engineer Electronic and Telecommunications Graduate engineer Energy and Power Systems Graduate engineer Mechanical Graduate engineer Chemical Graduate engineer Information Technology Graduate engineer Geotechnical Graduate engineer Agrarian graduate engineer National Association of Graduate Engineers Praça D. João da Câmara, 19 – 2º Dto. 1200-147 Lisboa Telefone +351 21 325 63 27 Fax +351 21 325 63 34 E-mail [email protected] www.anet.pt MINISTRY OF PUBLIC WORKS, TRANSPORT AND COMMUNICATIONS (MOPTC) Architects Architects Association Travessa do Carvalho, 23 1249 -003 Lisboa Telefone + 351 21 324 11 00/10 Fax + 351 21 324 11 01 E-mail [email protected] www.arquitectos.pt MINISTRY OF PUBLIC WORKS, TRANSPORT AND COMMUNICATIONS (MOPTC) RECOGNITION OF QUALIFICATIONS AND SKILLS Clinical analysis and public health technician Pathological, cytological and thanatological anatomy technician Audiologist Cardiopulmonary technician Dietist Pharmacist Physiotherapist Oral hygienist Nuclear medicine technician Neurophysiologist Orthopaedist Orthoprosthetist Dental Prosthetist Radiologist Radiotherapist Speech therapist Occupational therapist Environment health officer Central Administration of the Health System Rua Pinheiro Chagas, 69, 3º andar 1050-176 Lisboa Telefone +351 21 312 93 80/ 21 317 13 10 Fax +351 21 317 13 15 E-mail acss@min-saude. pt www.acss.min-saude.pt MINISTRY OF HEALTH (MS) General nurse Midwife Nurses Association Av. Almirante Gago Coutinho, 75 1700-028 Lisboa Telefone +351 21 845 52 30 Fax + 351 21 845 52 59 E-mail [email protected] www.ordemenfermeiros. pt MINISTRY OF HEALTH (MS) 149 IMMIGRATION IN PORTUGAL 150 Pharmacist Pharmacists Association Rua da Sociedade Farmacêutica, 18 1169-075 Lisboa Telefone +351 21 319 13 80 Fax + 351 21 319 13 99 E-mail [email protected] www.ordemfarmaceuticos.pt MINISTRY OF HEALTH (MS) Doctor Order of Doctors Av. Almirante Gago Coutinho, 151 1700-099 Lisboa Telefone +351 21 842 71 00 Fax + 351 21 842 71 99 E-mail omcne@omcne. pt www.ordemmedicos.pt MINISTRY OF HEALTH (MS) Dental surgeon Dental Surgeons Association Av. Dr. Antunes Guimarães, 463 4100-080 Porto Telefone +351 22 619 76 90 Fax + 351 22 619 76 99 E-mail [email protected] www.omd.pt MINISTRY OF HEALTH (MS) RECOGNITION OF QUALIFICATIONS AND SKILLS Psychologist Authority for Labour Conditions Praça de Alvalade, 1 1749-073 Lisboa Telefone +351 21 792 45 00 Fax +351 21 792 45 97 E-mail [email protected] www.igt.gov.pt MINISTRY OF WORK AND SOCIAL SOLIDARITY (MTSS) Workplace health and safety technician Workplace health and safety advanced technician Authority for Labour Conditions Av. Defensores de Chaves, 56, 2º Dto 1000-121 Lisboa Telefone +351 21 7978100 Fax +351 21 7958727 E-mail [email protected] www.idict.gov.pt MINISTRY OF WORK AND SOCIAL SOLIDARITY (MTSS) Barber Hairdresser Wig maker Manicurist Pedicure Chiropodist Aesthetician Masseur Institute of Employment and Professional Training Rua de Xabregas, 52 1949-003 Lisboa Telefone +351 21 8614100 Fax +351 21 8614602 www.iefp.pt MINISTRY OF WORK AND SOCIAL SOLIDARITY (MTSS) 151 152 IMMIGRATION IN PORTUGAL Polytechnic Higher Education teacher Polytechnical Institutes Coordinating Council Av. 5 de Outubro, 89, 3º 1050 - 050 Lisboa Telefone +351 21 792 83 50 / 792 83 60 Fax +351 21 792 83 69 E-mail [email protected] www.ccisp.pt MINISTRY OF SCIENCE, TECHNOLOGY AND HIGHER EDUCATION (MCTES) University teacher Council of Portuguese University Deans Rua da Junqueira, 69-A 1300-342 Lisboa Telefone +351 21 360 29 50/51/52 Fax +351 21 364 00 11 E-mail [email protected] www.crup.pt MINISTRY OF SCIENCE, TECHNOLOGY AND HIGHER EDUCATION (MCTES) RECOGNITION OF QUALIFICATIONS AND SKILLS 153 ANNEX IV List of the main countries that signed the Hague Convention of 5 October 1961 South Africa Albania Germany Andorra Argentina Armenia Australia Austria Azerbaijan Belgium Belarus Bosnia –Herzegovina Bulgaria Kazakhstan China (Hong Kong and Macau) Cyprus Colombia Croatia Denmark Spain Slovakia Slovenia Estonia USA Finland France Greece Holland Hungary Italy Ireland Iceland Israel Japan Yugoslavia Lesotho Latvia Liechtenstein Lithuania Luxembourg Macedonia Malta Mauritius Mexico Moldova Monaco Namibia New Zealand Norway Panama Portugal United Kingdom Czech Republic Romania Russia Salvador Holy See Sweden Switzerland Suriname Tonga Turkey Ukraine Venezuela 154 IMMIGRATION IN PORTUGAL GLOSSARY ACIDI, I.P. – Office of the High Commissioner for Immigration and Intercultural Dialogue (Alto Comissariado para a Imigração e o Diálogo Intercultural, I.P.) DGES – Directorate-General of Higher Education (Direcção-Geral do Ensino Superior) NARIC – Academic Recognition Information Centre (Centro de Informações sobre Reconhecimento de Diplomas) CIREP – Information and Public Relations Centre, Ministry of Education (Centro de Informações e Relações Públicas do Ministério da Educação) DGIDC – Directorate-General of Curriculum Innovation and Development (Direcção-Geral da Inovação e Desenvolvimento Curricular) ANQ, I.P. – National Qualifications Agency (Agência Nacional para a Qualificação) SGRQP – General System for the Recognition of Professional Qualifications (Sistema Geral de Reconhecimento das Qualificações Profissionais) SNCP – National System of Professional Certification (Sistema Nacional de Certificação Profissional) CAP – Professional Skills Certificate (Certificado de Aptidão Profissional) DAP – Professional Skills Declaration (Declaração de Aptidão Profissional) RECOGNITION OF QUALIFICATIONS AND SKILLS USEFUL CONTACTS Directorate-General of Higher Education Av. Duque D’Ávila, no. 137, 5º 1069-016 Lisboa Telefone - 21 312 60 98 / 21 312 61 45/21 312 60 00 Fax - 21 312 60 20 http://www.dges.mctes.pt http://www.naricportugal.pt Information and Public Relations Centre, Ministry of Education (CIREP) Av. 5 de Outubro, no. 107, 1000 Lisboa Telefone – 21 793 50 14 Fax – 21 796 41 19 Av. 24 de Julho, no. 134-C, 1500 Lisboa Telefone – 21 397 70 71 / 8 Directorate-General of Curriculum Innovation and Development (DGIDC) Av. 24 de Julho, no. 140 e/ou 138, Lisboa Telefone – 21 393 45 00 National Qualifications Agency (ANQ, I.P.) Av. 24 de Julho, no. 138 1399-026 Lisboa Telefone: 213 943 700 Fax: 213 943 799 E-Mail: [email protected] Institute of Employment and Professional Training Rua de Xabregas, no. 52, 1949-003 Lisboa Telefone - 21 861 41 00 Av. José Malhoa, 11 1099-018 LISBOA Tel. 21 861 41 00 155 156 IMMIGRATION IN PORTUGAL INTRODUCTION Under the Constitution of the Portuguese Republic, the Social Security System guarantees welfare cover for all nationals. The main objectives of the Framework Law (Law No. 4/2007, of 16 January) are: • To ensure the right to social security is implemented; • To promote the sustained improvement of the conditions and levels of welfare protection whilst reinforcing the principles of equity; • To promote the effectiveness of the system and efficiency of its management. Foreign nationals who work and reside legally in Portugal, along with their families and heirs, are subject to the same rights and obligations as Portuguese nationals. However, the payment of certain benefits to foreign residents on the basis of international social security instruments may depend on the verification of certain conditions, namely minimum periods of residence. SOCIAL SECURITY 157 As nationals of a State to whom Portugal is bound through an international social security instrument, they may be entitled, for example, to the sum of all contributions made, as verified in that State and in Portugal, and consequently, to certain social security payments when otherwise, those periods if considered individually, would not confer any rights. The aim of this chapter is to provide general but clear information to immigrants about their rights and obligations under the social security system. The information given here cannot cover all situations or answer questions in relation to specific cases. For further information, please see the list of contacts of the relevant bodies. It should be noted that the information given in this chapter may become out of date as various new legislative measures come into force. 158 IMMIGRATION IN PORTUGAL 1. REGISTERING WITH SOCIAL SECURITY Registration of workers in social security is for life and ensures: • Coverage under the social security system; • The assignment of a Social Security Identification Number (NISS); • The issue of a social security card. If the Social Security Office does not provide you with the Social Security Identification Number (NISS), you can request a NISS number for a Natural Person or a Legal Person at www.seg-social.pt by selecting Serviços (Services)/ Em Linha (On Line). GENERAL SOCIAL SECURITY SCHEME FOR EMPLOYEES This scheme covers benefits for employees and those legally recognised as such. WHO SHOULD REGISTER? It is the duty of the employer to register employees starting employment in their service. The registration takes effect from the 1st day of the month in which the employment starts. Compulsory Declaration regarding the commencement of employment of new employees (1) The employer must: • Inform the relevant social security office in writing of the commencement of any new employees, when the employment contract first takes effect; Or • Provide the same information through the Internet, at www.seg-social.pt, using the Online Social Security Service (Segurança Social Directa); SOCIAL SECURITY 159 • Supply the new employees with a statement specifying the commencement date and the employer’s social security identification number (NISS) and tax number (NIF). Workers should also inform the relevant social security office in writing of the start of their professional activity or the commencement of their work with a new employer. Failure to communicate this may result in lack of access to welfare cover. GENERAL SOCIAL SECURITY SCHEME FOR SELF-EMPLOYED PERSONS Workers who initiate an activity as self-employed persons are required to join the scheme and/or register at the social security office, if they have not already done so. As from 1 March 2007, self-employed persons are no longer required to inform the social security office of the start, suspension or termination of their professional or business activity; this information will be officially communicated to the Social Security Institute (Instituto da Segurança Social, I.P.) by the Portuguese Tax Authorities. This procedure does not dispense with the duty of persons to supply the social security office with any information necessary to prove particular situations in cases where such information cannot be officially obtained or where questions have been raised - Regulation No. 121/2007, of 25 January. (2) WHAT IS THE PROCEDURE FOR REGISTERING WORKERS? The following table indicates the procedure for registering workers in social security. IMMIGRATION IN PORTUGAL 160 WHEN Until the end of the month following the month when the activity started. WHERE The social security office that covers the place of work. – Until the 15th day of the month that is 13 months after the month when the activity started, for workers that fall within a compulsory scheme (1st scheme). – Until the 15th day of the 2nd month following the month when the activity started, for workers already within a scheme who re-start an activity as a selfemployed person. The social security office that covers the area of residence. – Identification Form and, in the case of foreign workers, a Supplementary Identification Form (standard forms), along with the Work Visa or the authorisation to reside or stay. – Identity Card (or Birth Certificate or Passport) and also: HOW NECESSARY DOCUMENTS Employee - Social Security Identity Card if already registered; - Natural Person Tax Identity Card ; - For employees carrying out domestic duties, Identity Card and Natural Person Tax Identity Card of the employer; - For a foreign worker, Supplementary Identification Form, using standard Form RV1006-DGSS Self-employed Person – Declaration of commencement of activity for tax purposes; – Social Security Beneficiary Card, if already registered; – Natural or Legal Person Tax identity card in the case of self-employed persons carrying on a business. SOCIAL SECURITY 161 2. SOCIAL SECURITY CONTRIBUTIONS GENERAL SOCIAL SECURITY SCHEME FOR EMPLOYEES Contribution Amounts Contributions for most employees are calculated at the rate of 34.75% on income payments, with: • 11% being paid by the employee and • 23.75% being paid by the employer. Contributions to be made by employees are deducted from income payments and paid to Social Security by the employer. In the case of employees in domestic service, contributions are calculated at the rate of 26.7%, with: 17.4% being paid by the employer and 9.3% being paid by the employee. This contribution rate is applied to a standard income, known as the base value for contributions, and being 70% of the Social Support Index (IAS) (Law No. 53B/2006 of 29 December (3). For the purposes of making payment contributions, the monthly, daily and hourly amounts are calculated on the amount that constitutes the base value, in accordance with the following table: Amount Calculation of Amount/base value Monthly (IAS x 70%) Daily (IAS x 70%):30 Hourly (IAS x 70% x 12):(52 x 40) 162 IMMIGRATION IN PORTUGAL Payment of contributions The payment of contributions in respect of employees is the responsibility of the employer. Contributions must be paid monthly between the 1st and the 15th of the month following the month to which the payments refer. GENERAL SOCIAL SECURITY SCHEME FOR SELFEMPLOYED PERSONS The amount of the contribution depends on the person’s choice of protection scheme, since this scheme allows for a compulsory protection scheme (more restrictive) and an extended protection scheme. The amount (the base value for contributions) is chosen from 10 scales indexed to the Social Support index (IAS). Scales 1º 1,5 X IAS 2º 2 X IAS 3º 2,5 X IAS 4º 3 X IAS 5º 4 X IAS 6º 5 X IAS 7º 6 X IAS 8º 8 X IAS 9º 10 X IAS 10º 12 X IAS The rates applicable to the amount chosen are the following: - Compulsory scheme - 25.4% - Extended scheme - 32% SOCIAL SECURITY 163 Payment of contributions Contributions for self-employed persons must be paid monthly between the 1st and the 15th of the month following the month to which the payments refer. 3. SOCIAL SECURITY COVER The Social Security system affords protection in sickness, old age, invalidity, death, widowhood and orphanhood, as well as unemployment and any situation which involves a lack of or reduction in the means of subsistence or incapacity for work. It includes the Provident Scheme, the Citizenship Social Protection Scheme and the Supplementary Scheme. BENEFITS Social security benefits are granted as a right under the State’s Social Security System, and are designed to protect workers, families and persons in situations involving a lack of or reduction in the means of subsistence.(4) These payments are granted in situations involving family obligations, sickness, maternity, paternity and adoption, unemployment, accidents at work and occupational disease, invalidity, old age and death and also in situations of disability, dependency and social and financial hardship. FAMILY ALLOWANCES These payments are intended to help with the running costs of maintaining a family. IMMIGRATION IN PORTUGAL 164 Benefits Benefits Monthly, to children and young persons, as is their right, to assist with the costs to the family of their maintenance and education. - Until 16 years of age; - From 16 to 24 years of age, provided they Family are studying at the levels of education provi- Allowance ded for by law, or courses legally recognised for Children as comparable.(5) and Young - Until 24 years of age, if disabled, with the Persons right to disability benefits. This period can be extended for another 3 years, if they are studying at a higher education institution, or a comparable course or carrying out courserelated work experience essential to the award of their degree. Pre-natal Family Allowance is paid monthly Pre-natal to pregnant women from the 13th week of Family Allo- gestation up until and including the month wance and of birth. Additional When a second and any subsequent child is Family Allo- born or joins the same household, additional wance family allowance is paid monthly to all children between 12 and 36 months of age. Funeral Allowance A one-off payment given to persons presenting documented evidence of funeral expenses. Who is covered? The persons entitled to family allowances are Portuguese and foreign nationals, refugees and stateless persons, residing in Portuguese territory or in an equivalent situation, provided they meet the general and specific conditions for the grant of those benefits. UNEMPLOYMENT BENEFITS Unemployment benefits are paid as compensation for loss of income due to involuntary unemployment. SOCIAL SECURITY Benefits 165 Monthly payments for fixed periods For persons who are involuntarily Unemployment Benefits unemployed provided they meet the required conditions including the qualifying period. For persons: - Who do not meet the qualifying period for access to Unem- Extended Unemployment Benefits(6) ployment Benefits. In this case, the qualifying period is shorter; - In respect of whom the period for payment of benefits has ended but the state of unemployment continues. For person who are receiving Partial Unemployment Benefits Unemployment Benefits and who enter into a contract for part-time work provided they meet the required conditions. Who is covered? Beneficiaries under the general social security scheme, namely employees who are legally resident in Portuguese territory and persons on invalidity pensions, who are not working but are considered capable of working. SICKNESS BENEFITS Sickness benefits are paid as compensation for loss of income resulting from temporary incapacity for work due to sickness. IMMIGRATION IN PORTUGAL 166 Benefits Payments made In situations involving temporary incapacity for work due to sickness, provided the incapacity is certified by a competent authori- Sickness Benefits ty of the National Health service, and provided the applicant meets the conditions required for the grant of the benefit. The benefit is paid monthly for a limited period of time.(7) Following an illness in respect of which benefits were paid, where Compensation benefits the beneficiary has no right to and has not been paid holiday, Christmas and other similar benefits by the employer. Who is covered? Beneficiaries under the general social security scheme, namely employees, self-employed persons who have opted for the extended scheme (8), as well as some beneficiary groups under the voluntary Social Security scheme (maritime workers and watchmen on ships owned by foreign companies and persons receiving academic research scholarships). Persons receiving academic research scholarships under the voluntary social security scheme, as well as domestic workers covered by the general social security scheme for employees, are entitled to sickness benefits under the same conditions as self-employed persons. MATERNITY, PATERNITY AND ADOPTION BENEFITS The benefits listed below are paid as compensation for loss of income due to pregnancy, maternity, paternity, adoption, caring for minor children (or the legal equivalent) who are sick and caring for children, the disabled (or the legal equivalent) or chronically ill persons. SOCIAL SECURITY Benefits (Allowances) Payments made To the mother during maternity leave - 120 consecutive days (90 of which Maternity following the birth). The leave may be for 150 consecutive days, if the mother so chooses, with the additional period taken after the birth. To the father, for paternity leave of 5 working days, to be taken within the 30 days following the birth of the child, Paternity or during the period when the father substitutes the mother as caregiver of the newborn due to incapacity or death of the mother or by joint decision of both parents. To a person adopting a child under 15 years of age, for a period of 100 days Adoption immediately following the granting of legal or administrative responsibility for the minor. To the father, for the first 15 days Parental Leave (consecutive) of parental leave, if this follows immediately after the maternity or paternity leave. To the grandparents, for 30 consecutive days, in case of children born to parents aged less than 16 years, who live with Special Leave for the grandparents and provided the Grandparents spouse of the beneficiary is working or is physically or psychologically unable to look after the grandchild or does not live under the same roof. To women who are pregnant, who have recently given birth or are breastfeeding, Specific Risks and are subject to specific risks connected with work conditions, for the period during which it is necessary to avoid exposure to such risks. 167 IMMIGRATION IN PORTUGAL 168 Benefits (Allowances) Payments made For a period of 30 days each calendar year, per descendant, to persons unable Allowances in to work because they have to minister cases of Illness urgent and essential help, due to sick- of Descendants ness or accident, to children, stepchildren who are Minors or adopted children, who are less than or Disabled 10 years of age (or any age in the case of disabled persons), and who live with them and form part of their household. To persons unable to work because they Allowances in cases of severely disabled and chronically ill persons. have to care for severely disabled or chronically ill children, stepchildren or adopted children, who are less than 12 years of age and who live with them and form part of their household. Duration: 6 months renewable for up to 4 years, in the first 12 years of age. Who is covered? Beneficiaries under the general social security scheme, namely employees, and self-employed persons who have opted for the extended scheme(10), as well as some beneficiary groups under the voluntary Social Security scheme (maritime workers and watchmen on ships owned by foreign companies and persons receiving academic research scholarships). OCCUPATIONAL DISEASES The diseases considered occupational diseases are those that appear on the occupational diseases list, as well as any injury or functional disorder or disease that is not on the list but which is an inevitable and direct consequence of an activity carried out by workers and which does not result from the normal ageing process of the body. How are incapacities certified? Certifying incapacity involves: SOCIAL SECURITY 169 - diagnosing the disease - characterising it as a professional disease - determining the degree of incapacity Who is covered? - Employees, including apprentices, probationers, trainees and persons involved in activities considered as on-the-job training. - Self-employed persons; - Foreign nationals working in Portugal. Who is entitled to compensation? The right to compensation is granted to persons who: - have an occupational disease; - have been exposed to risk due to the nature of the industry or activity or the usual conditions, environment and practices of the work. What are the entitlements? Cash benefits - benefits for temporary incapacity; - provisional pension; - lump sum and pensions for permanent incapacity; - benefits for high levels of permanent incapacity; - death benefits and funeral expenses; - death pension; - additional pension allowances; - additional payments in the months of July and December; - accommodation modifications allowance; - training allowance to attend professional courses. 170 IMMIGRATION IN PORTUGAL Benefits in kind - medical and surgical care; - help with medication and drugs; - diagnosis and treatment; - home visits; - supply, replacement and repair of prostheses and orthoses; - nursing care; - hospitalisation and health cures; - recovery and rehabilitation services or vocational training; - refund of travel, food and accommodation expenses. Other rights Permanent incapacity pensions are increased by 20% for pensioners who satisfy the following conditions: - they have stopped working; - they are affected by pneumoconiosis with a degree of permanent incapacity not less than 50% and where the devaluation coefficient specified in the X-rays is 10% and they are 50 years of age or more; - they are affected by an occupational disease with a degree of permanent incapacity not less than 70% and they are 50 years of age or more; - they are affected by an occupational disease with a degree of permanent incapacity not less than 80% , irrespective of age; - Exemption from payment for consultations in health care units, as well as from co-payments for radiotherapy and physical medicine and rehabilitation, for pensioners with an overall degree of permanent incapacity not less than 50%. Which documents must be submitted? - Compulsory declaration. - Application for occupational disease benefits, SOCIAL SECURITY 171 accompanied by information from the family doctor (GP) or medical assistant, or the medical doctor of the employer. - Diagnostic results (e.g. x-rays, audiogram). - Health Data (the relevant forms can be downloaded from www.seg-social.pt). Where should I send the documents? Directly to the National Centre for Protection against Occupational Risks (Centro Nacional de Protecção contra os Riscos Profissionais) or to any office of the District Centre for Solidarity and Social Security (Centro Distrital de Solidariedade e Segurança Social) in the person’s area of residence. INVALIDITY PENSION An invalidity pension is designed to compensate for loss of income due to permanent incapacity for work. Benefits(13) Payments made Invalidity pension To persons who have permanent incapacity to carry out their occupation (due to non-work related reasons), as verified by the Incapacity Verification System, provided they satisfy the qualifying period. (See the Qualifying Periods on page 177) Who is covered? Beneficiaries under the general social security scheme, namely employees, and self-employed persons, as well as beneficiaries under the Voluntary Social Security scheme OLD AGE PENSION Old-age pensions are granted to persons who have reached the legally required minimum age. IMMIGRATION IN PORTUGAL 172 Benefits Payments made Old-age Pension To persons who are 65 years of age(14) and satisfy the qualifying period (See the Qualifying Periods on page 177). Persons on invalidity and old-age pensions may also be granted the Dependant Allowance (15). Who is covered? Beneficiaries under the general social security scheme, namely employees, and self-employed persons, as well as beneficiaries under the voluntary Social Security scheme. DEATH BENEFITS These payments aim to provide financial assistance to the family of a deceased beneficiary. Benefits Payments made Survivor’s Pension To the following family members of the deceased beneficiary (provided the latter met the qualifying period): Spouse and ex-spouses; a person who lived with the deceased for more than 2 years as if she were his spouse; descendants, including unborn and fully adopted children(16); ascendants who were in the care of the deceased beneficiary, if there is no spouse, ex-spouse or descendant with the right to the same pension. Death Allowance To the family members of the deceased beneficiary (as listed under the survivor’s pension) and in the absence of any such family member, to the ascendants.(17) No qualifying period is required. Reimbursement of funeral expenses If no person has the right to the death allowance, the person who can show they paid the expenses of the beneficiary’s funeral may be reimbursed for those expenses up to the value of the respective benefit. SOCIAL SECURITY 173 Who is covered? Beneficiaries under the general social security scheme, namely employees, and self-employed persons, as well as beneficiaries under the Voluntary Social Security scheme. DISABILITY BENEFITS These benefits are designed to provide support in situations involving disability. Benefits Payments made Disability Supplement As a supplement to the Family Allowance for Children and Young Persons. The payment is made as compensation for additional family expenses that result from the descendants of the beneficiaries (aged 24 years or less) attending or boarding at a rehabilitation centre, or needing individual education and/or specific therapeutic support.(18) Special Education Allowance To compensate for the costs of special education for a disabled child or young person (aged 24 years or less) incurred through attendance at a profit-making or co-operative educational institution, or received as specialised educational support also from a profit-making institution. Monthly benefits for life To descendents under the care of a beneficiary under the general scheme(19), who are aged 24 years or more and who have a physical, organic, sensory, motor or mental disability which makes it impossible for them to support themselves by working. IMMIGRATION IN PORTUGAL 174 Benefits Payments made Special Solidarity Supplement As a supplement to the Monthly benefits for life and the Invalidity pension. The amount of this monthly payment varies according to the age of the recipient. Extended Invalidity Pension To persons in situations of economic or social hardship who are 18 years or older, through the Non-contributory Scheme, provided they have been declared as being unfit for any work and this has been certified by the Incapacity Verification System (SVI). Who is covered? Disabled children and young persons who are dependent upon beneficiaries under the general social security scheme or the Non-Contributory scheme and who are suffering from economic and social hardship. SITUATIONS OF DEPENDENCY These benefits are designed to compensate for expenses incurred in relation to situations of dependency. Benefits Payments made 3rd person Assistance Allowance To compensate for increased family costs resulting from the employment of a third person to render assistance in ensuring the basic daily living requirements of disabled persons who are the descendents of beneficiaries receiving family allowance for children and young persons, together with the disability supplement or the monthly benefits for life. SOCIAL SECURITY 175 To compensate for costs resulting from situations of dependency applicable to invalidity, old-age or survivor pensioners under the general social security scheme Dependency Supplement or under the non-contributory scheme or equivalent, in cases of dependency, and where the assistance of another person is required, as recognised by the Incapacity Verification System. Who is covered? The 3rd Person Assistance Allowance covers children and young persons receiving Family Allowance, together with the disability supplement or the monthly benefits for life, who find themselves in the situations described above. The Dependency Supplement covers invalidity, old-age or survivor pensioners under the general social security scheme or under the non-contributory scheme or equivalent, in the situations described above. SITUATIONS INVOLVING ECONOMIC AND SOCIAL HARDSHIP The Non-contributory Scheme Benefits granted through the Non-contributory Scheme are designed to protect persons in situations of social and economic hardship who are not protected under compulsory contributory schemes. Benefits(20) Payments made Old Age Pension To persons aged 65 years or more. Extended Invalidity Pension To persons 18 years or more, who have been declared as unfit for any work. 176 IMMIGRATION IN PORTUGAL Special Solidarity Supplement To persons receiving Invalidity or Old-Age pensions. The supplement is added to the pension amount. Widow’s Pension To the surviving spouse of a pensioner with an Extended Pension. Orphan’s Pension To orphans, paid until the age of adulthood or emancipation. Disability Supplement To children and young persons receiving Family Allowance, who are disabled and aged less than 24 years. Special Education Allowance(21) To children and young persons aged less than 24 years, who are attending a special education school. 3rd person Assistance Allowance To children and young persons receiving Family Allowance for Children and Young persons together with a disability supplement and who require the assistance of a third person to ensure their basic daily needs. Dependency Supplement To persons who are pensioners under a social security scheme and who are in a situation of dependency. Who is covered? Persons in situations of social and economic hardship who are not covered under a compulsory contributory scheme and who are: - Portuguese Nationals - Nationals of Member States of the European Community who are resident in Portugal - Refugees, stateless persons and resident foreign nationals. SOCIAL SECURITY 177 QUALIFYING PERIODS For Granting of Benefits under the General Social Security Scheme Benefits Qualifying periods Invalidity Pension 5 calendar years of registered income, either consecutive or accumulated, for relative invalidity. 3 calendar years of registered income, either consecutive or accumulated, for relative invalidity.(28) Old Age Pension 15 calendar years of registered income, either consecutive or accumulated.(28) Survivor’s Pension 36 months of registered income. Unemployment Benefits 540 days of registered income in the 24 months immediately prior to the date of unemployment. (Initial) Extended Unemployment Benefits 180 days of registered income during the 12 months immediately prior to the date of unemployment. Sickness benefits 6 calendar months, consecutive or accumulated, of registered income from the date of the start of the incapacity for work (qualifying period). 12 days of registered income for work carried out in the 4 months immediately prior to the month before the date of the start of the incapacity (index of professionality). IMMIGRATION IN PORTUGAL 178 -Maternity allowance - Paternity allowance -Adoption allowance - Allowances in cases of Illness of Descendants who are Minors or Disabled - Allowances in cases of severely disabled and chronically ill persons -Allowance for specific risks - Parental leave allowance - Special Leave for Grandparents 6 calendar months, consecutive or accumulated, of registered income from the date of the event which led to the granting of the payments (1st day of incapacity for work) (28) Beneficiaries who don’t meet this qualifying period may take into account qualifying periods prior to 31/12/93, under the previous legislation. The qualifying period can include contributory periods from other national or foreign social security schemes, provided that there has been at least 1 calendar year of registered income under the general scheme For granting of benefits under the Voluntary Social Security Scheme Benefits Qualifying periods Invalidity pension 72 months of registered income Old age pension 144 months of registered income Death - Survivor’s Pension 72 months of registered income Death - Death Allowance 36 months of registered income SOCIAL SECURITY SOCIAL INTEGRATION BENEFIT (RSI) The social integration benefit includes an integration programme and is designed to provide appropriate support for persons and their families. This support is intended SOCIAL SECURITY 179 to assist them with their basic needs and to facilitate their integration into work, society and the community. Benefits Payments made Social Integration Payment To persons who are 18 years or over who lack sufficient economic means to provide for their essential needs. Those aged less than 18 years are also entitled if they have minors who are economically dependent on them – this includes pregnant women. Special Support (23) This is an additional payment made in the following cases: - When the household includes persons with a severe physical or mental disability; - When the household includes persons with a chronic illness (in such cases, a medical report should be submitted); - When the household includes elderly persons in a situation of dependency; - To assist with rent or mortgage payments (you must submit the rent receipt or a statement from the bank, as appropriate). Who is covered? Persons in situations of economic or social hardship who meet the following conditions: - Legally resident in Portugal: - Not receiving social security or welfare payments, individually or as a household, that are equal to or greater than the amount prescribed by law (RSI amount); - Declaration in writing saying that will enrol in and attend a registered Integration Programme; - Registered at the Employment Centre (Centro IMMIGRATION IN PORTUGAL 180 de Emprego) in the area of residence, in case of being unemployed and satisfying the conditions for work; - Requested evidence of economic hardship; - Aged 18 years or older, except in the following cases: - Have minors in their care who are exclusively dependent on the household; - Pregnant women; -Non-marital partnership longer than one year. SUPPLEMENTARY BENEFIT FOR ELDERLY PERSONS The Supplementary Benefit for Elderly persons is an additional payment for persons already receiving a benefit and is aimed at persons on low incomes. Benefit Payments made Supplementary Benefit For Elderly persons To persons who are 65 years or more whose annual income is less than that prescribed from year to year as a threshold for the Supplementary Benefit, and who have lived in Portuguese territory for a period of not less than 6 years counting from the date on which the application is submitted. Who is covered? Portuguese and foreign nationals with low incomes who meet all of the following conditions: - 70 years or more in 2007 or 65 years or more in 2008. - Annual income is less than that prescribed from year to year as a threshold for the Supplementary Benefit. - Have lived in Portuguese territory for a period of not less than 6 years as at the date on which the application is submitted. SOCIAL SECURITY 181 And at least one of the following conditions: - Beneficiary of an old-age, survivor’s or equivalent pension; - Beneficiary of monthly benefits for life; - A Portuguese national who has no right to an extended pension because he did not meet the income test. SOCIAL ACTION The aim of social action is to prevent and remedy situations of socio-economic hardship and inequality, social dependence, dysfunction or exclusion, as well as to assist the integration of persons into the community and to develop their abilities. It aims also to provide special protection for the most vulnerable in the community, namely children, young persons, persons with disabilities and the aged, as well as persons in situations of economic or social hardship. What does social action actually involve? In practice, social action provides: - Access to the national network of social services and facilities; - Support for programmes that fight poverty, dysfunction, marginalisation and social exclusion; - One-off cash benefits, in exceptional cases; - Benefits in kind; Access to social action programmes depends on: - An analysis of the circumstances of persons and their families by social workers and counsellors who will also provide information, guidance and direction; - The extension of the national network of social services and facilities; - Financial resources of the Services. 182 IMMIGRATION IN PORTUGAL SOCIAL SERVICES AND FACILITIES FOR CHILDREN AND YOUNG PERSONS IN GENERAL Child-minder (Ama) – A service carried out by a suitable person in the home, for children up to 3 years of age, when parents are working or unable to be present. Crèche – A facility which provides socio-educational support for children up to 3 years of age, when parents are working or unable to be present. Nursery School – A facility providing educational activities and support for families and children from 3 years of age up to the starting age for primary school. Leisure Activities Centre – A facility that carries out socio-cultural activities for children and young persons from 6 years of age, at times made available by the school authorities. Holiday Camp – A facility or service that provides leisure activities for children and young persons. The “Be a Child” Programme – The program aims to prevent or eliminate situations of social vulnerability affecting children/young persons and their families, through supporting projects within the family and the community and new forms of intervention and research-action. Programme to Extend the Social Facilities Network (PARES) – This programme aims to widen the Social Facilities Network and establish it as one of the pillars of the integrated development strategy of the nation’s social policies. This is a determining factor in the well being of citizens and families and the improvement of their living conditions. SOCIAL SECURITY 183 FOR CHILDREN AND YOUNG PERSONS AT RISK(25) Centre for Family Support and Parental Guidance Aims to build the personal skills of the persons assisting the family of the child/young person at risk, through an integrated approach. Furthermore, it seeks to act as a mediator between the family and the services working with it. Street Team for Support to Children and Young persons – Provides support for children and young persons who are experiencing family and social breakdown, are at risk, are living outside the socio-family unit or are living off delinquent behaviour and without any institutional or family support. Foster Families – The placement of a child or young person with a suitable family, as a substitute for their natural family when the latter is not an option for the child. Children’s Shelter – Provides for the urgent and temporary (less than six months ) shelter of children and young persons up to the age of 18 who are at risk as a result of abandonment, abuse, neglect or other reasons, and aims to provide guidance regarding lifestyle choices. Children and Young persons’ Home – Provides long term accommodation (more than six months ) for children and young persons up to the age of 18, and aims to provide them with suitable care for their needs, wellbeing and education. Independent Living Support – Accommodation within the local community to assist young persons (aged 15 years or more, with appropriate personal qualities) in their transition to adult life, designed to minimise the risk of social exclusion. 184 IMMIGRATION IN PORTUGAL Holiday Camp – A facility or service that provides leisure activities for children and young persons. Adoption - The legal creation of a bond between two persons, which is similar to the parent/child bond but without blood ties. This bond is established through a legal ruling and under the terms of the Portuguese Family and Minors Court. National Social Emergency Line (LNES) – A free nationwide public service operating round the clock to protect and ensure the safety of citizens who find themselves in a Social Emergency situation. Available 24 hours a day, 365 days a year – on 144. The “Be a Child” Programme – The program aims to prevent or eliminate situations of social vulnerability affecting children/young persons and their families, through supporting projects within the family and the community and new forms of intervention and research-action. FOR DISABLED CHILDREN AND YOUNG PERSONS Early Intervention – Integrated support in the areas of education, health and social action. The program aims to assist in the development of children up to the age of 6 who are disabled or at risk of becoming severely retarded. It seeks to assist in the integration of these children within their families, with particular focus on children below the age of 3. Temporary Accommodation - Provides temporary accommodation for children and young persons (aged 6 to 16/18 years of age) as a way to meet needs that cannot be met at their normal place of residence, or to provide temporary support for their families. Transport for Disabled Persons – community service providing support for children, young persons and adults SOCIAL SECURITY 185 who are disabled and who need transport and personal assistance. Holiday Camp – A facility or service that provides leisure activities for children and young persons. FOR DRUG DEPENDANTS Direct Action Teams - These teams work with the drug dependant community and their families and, in a general way, with communities affected by the phenomenon of drug addiction. They work to encourage drug dependants to join recovery, treatment and social rehabilitation programmes through carrying out awareness raising activities. Accommodation for Social Rehabilitation - Temporary residential units providing support for drug dependants who, after leaving treatment units or prisons, protection centres, or other establishments within the judicial system, have problems reintegrating into family, society, schools or work. FOR PERSONS WHO HAVE HIV/AIDS Care Centre/ Psycho-social Support – For persons infected with or ill with HIV. Provides information and counselling during the daytime. Home Help – Provides individual and personalised care in the home to persons and families unable to either temporarily or permanently ensure the satisfaction of their basic and/or daily needs. Residential Accommodation – For persons infected with HIV/AIDS who are experiencing family breakdown and difficult socio-economic conditions. The residences provide housing for between five to ten persons and are intended to provide an atmosphere that is as close as possible to a family unit. 186 IMMIGRATION IN PORTUGAL FOR HOMELESS PERSONS Street Team for Homeless Persons – An interdisciplinary team which works cooperatively with homeless persons to improve their living conditions, through providing food and clothing as well as psychological and social support. Occupational Workshop – Support for the adult, homeless population. This action encourages development of social abilities and skills, through regular participation in activities within “structured” programmes, or participation in “flexible” programs where availability and motivation are more difficult. FOR INDIVIDUALS AND FAMILIES EXPERIENCING DIFFICULTIES Care/Social Support – A front line service which aims to help individuals and their families in preventing and/ or solving problems which have created or have been created by circumstances of social exclusion. In certain other cases, the service also responds to emergency situations. It is targeted at individuals and their families who are residents of a specific geographical area (parish, district …) and who find themselves in a difficult or socially vulnerable situation. Self-Help Groups – Small self-help groups organised by and made up of persons who share the same circumstances/problem. The groups seek to find solutions through the sharing of experiences and the exchange of information. They are for young persons and adults who are disabled or experiencing severe psychiatric problems (that have stabilised or are still developing), and for their families as well. Community Centre – Provides services and conducts a range of linked activities which aim to provide a focus for the prevention of social problems and the development of a local project by the group involved. SOCIAL SECURITY 187 Holiday Camp – For all age groups and the family as a whole. It provides leisure activities and a break from daily routine. Refectory/Canteen – Provides meals, especially to persons on low incomes, and can include other activities such as personal hygiene and laundry. Centre for Support for Life – Provides support and guidance to women who are pregnant or in labour or with newborn children, who are at emotional or social risk. Community for Integration – A series of actions directed at the social integration of various target-groups which, for various reasons, find themselves in situations of exclusion or social marginalisation. Temporary Shelter – Provides temporary accommodation for persons experiencing hardship, particularly transient populations, dishoused families and other groups undergoing a social emergency. This service should preferably be carried out in conjunction with other rehabilitation actions. Food Aid – Distribution of food products through nonprofit organisations and associations, to help resolve food shortages experienced by individuals and families. Local Contacts for Social Development Programme (CLDS) – Promotes the social inclusion of citizens, in various sectors and in an integrated way, and involves carrying out activities in partnership with others to fight persistent poverty and social exclusion in depressed areas. FOR DISABLED PERSONS (27) Care/Social Support and Activities for Disabled Persons – A service carried out in a multifunctional space which aims to inform, guide and support disabled persons, and to help them develop the skills they need to resolve their own problems; also includes social activities. 188 IMMIGRATION IN PORTUGAL Home Help – Provides personalised care in the home to disabled persons who are unable, either temporarily or permanently, to ensure the satisfaction of their basic and/or daily needs. Occupational Activities Centre – Provides occupational activities for young persons and adults (from 16 years of age) who are severely handicapped or disabled, in order to stimulate and facilitate the development of their abilities. Foster Families – The temporary or permanent placement of disabled adults with a suitable family when they cannot remain in their own home due to the lack of a family structure. Disabled Persons Shelter / Home – Provides accommodation for disabled persons aged 16 years or over who are unable to live in the normal family environment for a temporary or more extended period. Transport for Disabled Persons – community service providing support for children, young persons and adults who are disabled and who need transport and personal assistance. Holiday Camp – Provides leisure activities and a break from daily routine, which is considered essential to the physical, psychological and social well being of persons. FOR INDEPENDENT ELDERLY PERSONS Home Help – Provides personalised care in the home to elderly persons who are unable, either temporarily or permanently, to ensure the satisfaction of their basic and/or daily needs. Activity Centre – Provides a support service for development of social, recreational and cultural activities that are organised by and for elderly persons within a community. SOCIAL SECURITY 189 Day Care Centre – Helps elderly persons to remain in their own social/family environments by providing a number of services including meals, socialising, personal hygiene, laundry, and organised holidays. Night Care Centre – Provides support for independent elderly persons who experience loneliness, isolation and insecurity and who need support during the night. Holiday Camp – Provides leisure activities and a break from daily routine, which is considered essential to the physical, psychological and social well being of persons. Residences – A set of apartments with common service facilities, for elderly persons who are able to take care of themselves. Aged Persons Home – Communal facilities, including temporary or permanent accommodation for elderly persons seriously at risk of losing their independence and/or autonomy. Integrated Support for Elderly Persons (PAII) – This program provides a set of innovative measures to improve the quality of life of elderly persons. It focuses on life at home and the day to day environment and develops projects at a local and central level. ReInvent the Future Project – A project at national level to help persons prepare for retirement, from a preventative and inclusive perspective, using principles such as lifelong development and learning, staying active in old age and empowerment. Comfortable Homes for Elderly Persons (PCHI) – This program seeks to improve facilities in the home and the mobility of elderly persons who already use the home help services, so as to prevent their institutionalisation. 190 IMMIGRATION IN PORTUGAL FOR ELDERLY PERSONS IN SITUATIONS OF DEPENDENCY Foster Families – The temporary or permanent placement of elderly persons with a suitable family when they cannot remain in their own home due to a lack of family structure and/or social services. Home Help – Provides personalised care in the home to elderly persons who, because they are ill, disabled or have other problems, are not able to either temporarily or permanently meet their basic and/or daily needs. Aged Persons Home – Communal facilities, including temporary or permanent accommodation for elderly persons seriously at risk of losing their independence and/or autonomy. Integrated Support for Elderly Persons (PAII) – This program provides a set of innovative measures to improve the quality of life of elderly persons. It focuses on life at home and the day to day environment and develops projects at a local and central level. National Network for Ongoing Integrated Care - Professional units and teams integrated in local community services (including hospitals, health centres, local and district social security office, the Solidarity Network and local authorities) provide ongoing health care, social support, and palliative care. PERSONS IN SITUATIONS OF DEPENDENCY Home Help – Provides personalised care in the home to persons and families who, because they are ill, disabled or have other problems, are not able to either temporarily or permanently meet their basic and/or daily needs. Integrated Home Help – Provides 24 hours a day, seven days a week home care, including social and health care, through a set of multidisciplinary actions that are flexible, wide ranging, accessible and linked to each other. SOCIAL SECURITY 191 Social Security and Health services work in an integrated way to ensure that the network of ongoing care functions in an appropriate manner. Integrated Support Unit – Provides temporary, comprehensive and integrated care to persons in a situation of dependency who need home support but do not need admission to hospital for clinical care. Social Security and Health services work in an integrated way to ensure that the network of ongoing care functions in an appropriate manner. Holiday Camp – Provides leisure activities and a break from daily routine, which is considered essential to the physical, psychological and social well being of persons. National Network for Ongoing Integrated Care - Professional units and teams integrated in local community services (including hospitals, health centres, local and district social security office, the Solidarity Network and local authorities) provide ongoing health care, social support, and palliative care. DOMESTIC VIOLENCE VICTIMS Care Centre – One or more technical interdisciplinary teams provide care, support and guidance for women who are the victims of violence, with a view to their protection. Social Security, Education, Health, Justice and Local Authorities work together to provide an appropriate response. Refuge – A facility to temporarily accommodate women who are victims of violence and are unable to stay in their normal place of residence due to safety reasons (whether or not they are accompanied by minor children). 192 IMMIGRATION IN PORTUGAL 4. INTERNATIONAL COORDINATION OF SOCIAL SECURITY SCHEMES Portugal is bound to various States through bilateral conventions and other international social security legal instruments, and, in particular, Community Regulations that apply in the area of social security. COMMUNITY REGULATIONS EU, EEA and Switzerland - European Union: Germany, Austria, Belgium, Bulgaria, Cyprus, Denmark, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Slovak Republic, Romania and Sweden. - EFTA States that form the European Economic Area: Iceland, Liechtenstein and Norway. - Switzerland. BILATERAL CONVENTIONS Andorra, Argentina, Australia, Brazil, Cape Verde, Canada – Quebec, Chile, United States of America, Morocco, United Kingdom, regarding the Channel Islands ( Jersey, Guernsey, Herm, Jethou and Man), Uruguay, Venezuela. Who is covered? - Workers who are nationals of the respective States, their families and heirs; - Persons subject to the respective schemes, irrespective of their nationality, and their families and heirs. GUARANTEED PROTECTION For persons who work, reside or move within the States to which these international social security schemes apply. The aim is to ensure these persons: - Equality of treatment with the nationals of the SOCIAL SECURITY 193 States where they reside and work, as concerns the operation of the social security scheme and access to its benefits and measures for the purposes of social action/integration. - The ability to have recourse to all measures of the social security schemes to which they are contributing or have contributed; - The preservation of acquired rights or rights in the process of being acquired, and consequently, the unconditional transfer of any benefits to which they are entitled to the Portuguese scheme, or the possibility of doing so at a later stage, taking into consideration where necessary, the contributory periods under the Portuguese social security scheme and those under the schemes of other countries where the person stayed. FURTHER INFORMATION - Visit the Social Security website at www.segsocial.pt - Use Social Security Direct (Segurança Social Directa), the new way to communicate with Social Security for persons and companies, available on the Internet at www.seg-social.pt - Go to a Social Security office. The information provided in this chapter does not substitute for or dispense with the need to consult the applicable legislation. 194 IMMIGRATION IN PORTUGAL CONTACTS Institute for Social Security Rua Rosa Araújo, 43 1250-194 Lisboa Tel: +351 213 102 000 Fax: +351 213 102 090 Email: [email protected] National Centre for Pensions Campo Grande, 6 1749-001 Lisboa Tel: +351 217 903 700 Fax: +351 217 903 787 Email: [email protected] Social Security District Office, Aveiro Rua Dr. Alberto Soares Machado 3804-504 Aveiro Tel: +351 234 401 600 Fax: +351 234 427 460 Email: [email protected] Social Security District Office, Beja Rua Prof. Bento de Jesus Caraça, nº. 25 7801-951 Beja Tel: +351 284 312 700 Fax: +351 284 329 618 Email: [email protected] Social Security District Office, Braga Praça da Justiça 4714-505 Braga Tel: +351 253 613 080 Fax: +351 253 613 090 Email: [email protected] Social Security District Office, Bragança Av. General Humberto Delgado 5301-859 Bragança Tel: +351 273 302 000 Fax: +351 273 302 001 Email: [email protected] SOCIAL SECURITY Social Security District Office, Castelo Branco Rua da Carapalha, nº. 2 – A 6000-164 Castelo Branco Tel: +351 272 330 499 Fax: +351 272 330 494 Email: [email protected] Social Security District Office, Coimbra (Coimbra District Centre for Social Security) Rua Abel Dias Urbano, nº. 2 - R/C 3004-519 Coimbra Tel: +351 239 410 700 Fax: +351 239 410 701 Email: [email protected] Social Security District Office, Évora Av. Combatentes da Grande Guerra – Apartado 163 7002-502 Évora Tel: +351 266 760 300 Fax: +351 266 700 767 Email: [email protected] Social Security District Office, Faro (Faro District Centre for Social Security) Rua Pintor Carlos Porfírio, nº. 35 8000-241 Faro Tel: +351 289 891 400 Fax: +351 289 891 409 Email: [email protected] Social Security District Office, Guarda Av. Coronel Orlindo de Carvalho 6300-680 Guarda Tel: +351 271 232 600 Fax: +351 271 232 635 Email: [email protected] Social Security District Office, Leiria Largo da República, nº. 3 2414-001 Leiria Tel: +351 244 890 700 Fax: +351 244 890 701 Email: [email protected] 195 196 IMMIGRATION IN PORTUGAL Social Security District Office, Lisboa Av. Afonso Costa, 6/8 1900-034 Lisboa Tel: +351 218 424 200 Fax: +351 218 424 310 Email: [email protected] Social Security District Office, Portalegre (Portalegre District Centre for Social Security) Praça João Paulo II, 7 – Apartado 18 7301-959 Portalegre Tel: +351 245 339 800 Fax: +351 245 330 254 Email: [email protected] Social Security District Office, Porto Rua António Patrício, nº. 262 4199-001 Porto Tel: +351 220 908 100 Fax: +351 220 908 160 Email: [email protected] Social Security District Office, Santarém Largo do Milagre, 49/51 – Apartado 28 2000-069 Santarém Tel: +351 243 330 400 Fax: +351 243 333 413 Email: [email protected] Social Security District Office, Setúbal Praça da República – Apartado 47 2901-860 Setúbal Tel: +351 265 530 300 Fax: +351 265 228 018 Email: [email protected] Social Security District Office, Viana do Castelo Rua da Bandeira, 600 4901-866 Viana do Castelo Tel: +351 258 810 300 Fax: +351 258 810 301/2 Email: [email protected] SOCIAL SECURITY Social Security District Office, Vila Real Rua D. Pedro de Castro, nº. 110 – Apartado 208 5000-669 Vila Real Tel: +351 259 308 700 Fax: +351 259 308 733 Email: [email protected] Social Security District Office, Viseu Av. Dr. António José Almeida, nº.14 e 15 3514-509 Viseu Tel: +351 232 439 400 Fax: +351 232 422 155 Email: [email protected] 197 IMMIGRATION IN PORTUGAL 198 NOTES (1) If the declaration is not made the employer is subject to sanctions. This can prejudice the rights of workers under social security. (2) This scheme is compulsory for self-employed persons with gross earnings greater than 6 times the value of the Social support index (IAS). Self-employed persons need not register during the first 12 months of activity. (SIC – repetição no original) Self-employed persons need not register during the first 12 months of activity. Persons who restart self-employment after having left the scheme on a previous occasion are deemed to be covered under the current scheme, irrespective of the earnings received under that employment. Joining the scheme is optional for self-employed persons with annual gross earnings equal to or less than the above value but the person concerned must so request. (3) In these situations, workers do not have access to unemployment benefits. Through agreement with the employer, an amount can be established as a base value for contributions, provided that the domestic service worker is contracted on a monthly basis and is 50 years of age or less. In this case, the global contribution rate is 31.6%, (20.6% paid by the employer and 11% by the worker) and the worker then has the right to unemployment benefits. (4) PLEASE NOTE: The grant of benefits depends on satisfaction of the conditions under which they are given. To receive benefits, persons MUST APPLY using the correct form, at a social security office and within the PERIODS legally prescribed. SOCIAL SECURITY 199 A Sickness Benefits application must be accompanied by a Temporary Incapacity Certificate (CIT). (5) The age limit will be extended by three years in cases where a medical statement is submitted to show that the person is unable to make normal progress in his education due to an illness or involvement in a car accident. (6) The grant of Extended Unemployment Benefits is dependent on verification of actual income (The gross monthly earnings of the household may not exceed a specified limit). (7) The Temporary Incapacity Certificate (CIT) must be sent to the social security office no later than 5 working days after the date the certificate was issued. (8) Self-employed persons who have opted for the extended scheme. (9) In multiple birth cases, maternity leave shall be extended for a further 30 days for each additional child. In cases involving risk pregnancies, maternity benefit is granted in respect of the period that the person is unable to work before the birth, as verified by medical declaration. (10) The rights of self-employed persons are limited to maternity, paternity, adoption and specific risk benefits. (13 SIC falta 11 & 12) Special benefits for invalidity are granted under less stringent conditions, that is, in cases where permanent incapacity results from Familial Paraamyloidosis and Machado-Joseph Disease, HIV (AIDS), an oncological Disease or Multiple Sclerosis. (14) In specific situations, as provided by the law, the pension may be granted prior to the legal minimum age (examples: under the flexible scheme, in conjunction 200 IMMIGRATION IN PORTUGAL with long-term unemployment cases, strenuous occupations). (15) See the situations where this allowance is granted. (16) Until 18 years of age; from 18 to 27 years of age (under certain circumstances); irrespective of age, if they are disabled and receiving family allowance benefits. (17) In the absence of ascendants, the benefit may be granted to other relatives, in-laws or persons recognised as related to the beneficiary, either in a direct line or up to the 3rd degree by collateral line, provided that they were under the care of the beneficiary prior to his death. (18) When Family Allowance is refused due to earnings over the prescribed limit, the Supplement is granted notwithstanding, provided that the other required conditions have been met. (19) Employees, self-employed persons (who have opted for the extended scheme) and some beneficiary groups under the voluntary social security scheme. (20) The grant of these benefits is subject to a means test, and therefore, the person must prove that neither he nor the relevant household has received earnings greater than the limits prescribed by law. (21) This allowance is granted without the application of a means test. (22) (Nota: No. 22 não consta no texto original) The Social Security Benefit for Social Integration is for persons who live in economic union with the beneficiary, under the terms of the law. (23) Payment of this support depends on recognition of the right to the benefit. SOCIAL SECURITY 201 (24) For the purposes of access to this benefit, a legal resident means the holder of a valid residence permit. (25) The Institute for Solidarity and Social Security promotes activities to help protect children at risk, as well as specific intervention programmes, through its District Centres for Solidarity and Social Security. (26) Children and young persons who are disabled may be entitled to financial support to assist in the purchase of technical equipment that is designed to alleviate their deficiency and enable them to participate effectively in daily activities including school as well as professional and social activities. (27) Adults who are disabled may be entitled to financial support to assist in the purchase of technical equipment that is designed to alleviate their deficiency and enable them to participate effectively in daily activities including school as well as professional and social activities. MORE INFORMATION AT: www.iefp.pt www.seg-social.pt 202 IMMIGRATION IN PORTUGAL PORTUGUESE NATIONALITY 203 INTRODUCTION The Nationality Law (Lei da Nacionalidade) deals with the granting, acquisition and loss of Portuguese nationality, as well as the registering, proving and contesting of nationality. The aim of this chapter is to present the new Nationality Law, that is, to explain the ways in which Portuguese nationality can be granted, acquired and lost, and to clarify where the corresponding applications should be lodged and which documents should accompany these applications. This document is an information summary only and does not address all the issues that may arise in specific cases. If you have any questions, please consult the respective legislation available on the website of the Office of the High Commissioner for Immigration and Intercultural Dialogue (ACIDI, I.P.) - (www.acidi.gov.pt) or contact us through the SOS Immigrant line on 808 257 257 (if calling on a landline) or on 218 106 191 (if using a mobile phone), from Monday to Saturday, 8:30 to 24:00, or email us at: duvidasnacionalidade@ acidi.gov.pt 204 IMMIGRATION IN PORTUGAL HAS THE NEW PORTUGUESE NATIONALITY LAW COME INTO FORCE? The new Nationality Law and the respective statutory regulations came into force on 15 December 2006 HOW CAN I OBTAIN PORTUGUESE NATIONALITY? The Nationality Law contains several possible ways of being granted/acquiring Portuguese nationality. These ways are: 1. Being granted nationality (original nationality) – this is the case of those who are naturally Portuguese 2. Acquiring nationality (derived nationality) a)through intent (conscious decision): • children who are minors or incapacitated of a mother or father who has acquired Portuguese nationality; • in the case of marriage or non-marital partnership with a Portuguese national; • in the case of having lost Portuguese nationality during incapacity b) though adoption. c) through naturalisation. I – THE ACQUISITION OF NATIONALITY (ORIGINAL NATIONALITY) WHO HAS ORIGINAL NATIONALITY, THAT IS, WHO IS CONSIDERED NATURALLY PORTUGUESE? Those who are naturally Portuguese are: a) The children of a Portuguese mother or Portuguese father born in Portuguese territory; (b) The children of a Portuguese mother or Portuguese father born abroad, if the Portuguese parent is working in the service of the Portuguese State; c) The children of a Portuguese mother or Portu- PORTUGUESE NATIONALITY 205 guese father born abroad, if they register their birth with the Portuguese Registry Office or if they affirm their wish to be Portuguese; d) Persons born in Portuguese territory, who are the children of foreign nationals, if at least one of the parents was also born and has resided here, independently of being a holder of Portuguese nationality at the time of the birth; e) Persons born in Portuguese territory, who are the children of foreign nationals not in the service of their respective State, who have expressed their wish to be Portuguese and provided that, at the moment of birth, one of the parents has legally resided here for at least 5 years; f) Persons born in Portuguese territory, when they do not possess any other nationality. All of these situations are applicable retroactively, and they also apply to persons born before 15 December 2006. IN THESE CASES, WHAT DO I NEED TO DO TO REGISTER THE PORTUGUESE NATIONALITY OF MY CHILD? Children born in Portugal who are children of a Portuguese mother or Portuguese father: - Portuguese nationality is automatically registered upon registering the birth of the child at the Portuguese civil register office. - Whenever possible, parents should always produce a document proving their nationality, except in cases where there are no doubts concerning Portuguese nationality of at least one of them. Children born abroad to a Portuguese mother or Portuguese father, if the Portuguese parent is working in the service of the Portuguese State, are automatically registered as Portuguese when their birth is registered. 206 IMMIGRATION IN PORTUGAL In other cases, the parents will have to submit a statement to register the birth in a Portuguese register office for the purposes of awarding Portuguese nationality to child, along with the following documents: - Birth registration certificate of the Portuguese father / mother. If the parents are married to each other, this marriage should be annotated on the birth certificate, or documentary evidence of this supplied. In the case of children over 18 years of age, the birth certificate should show that the relationship with the Portuguese parent was formed when still a minor. - Birth registration certificate for the child, formally legalised by the Portuguese Consulate in the country of origin, along with an official translation, if the document is not in Portuguese. - If the child is 14 years or over, include: • Valid identification document (Passport or Residence Visa or other valid document issued by a competent authority in one of the countries within the European Union); Children born in Portugal, if children of foreign nationals, if at least one of the parents was also born and has resided here, independently of being a holder of Portuguese nationality at the time of the birth: Portuguese nationality is automatically registered upon registering the birth of the child at the Portuguese civil register office. However, the following documents must be shown when registering the birth: - Birth certificate of this parent, or the Birth Record (Boletim de Nascimento) Note: Parents do not have to show this document if they can provide information about the parent born in Portugal which enables the corresponding document to PORTUGUESE NATIONALITY 207 be identified – specifically, the place and corresponding date of birth and, if known, the Portuguese Civil Register Office which will have a record of this document on file and the corresponding year and number. - A document proving residence in Portugal Note: Submission of this document can be waived if facts are presented to justify that it would be impossible to do so. This request may be made at any Civil Register Office, preferably at the Office where the child was registered. Children born in Portugal who are the children of foreign nationals where, at the moment of birth, one of the parents has legally resided here for at least 5 years and where neither of the parents is in the service of their respective country: - Registering the Portuguese nationality of this child is dependent upon a statement indicating the wish to do so, made by the child’s legal representatives. WHERE SHOULD THESE STATEMENTS OF INTENT BE MADE? Statements of intent to register a birth that has taken place abroad or for the purposes of being granted nationality may be made: - At any Civil Register Office - At a Portuguese Consulate (for which consular fees may be payable) Requests for granting nationality may also be made in person at the extension to the Central Registry Office, at the National Centre for Assistance to Immigrants (CNAI ) or at the annex in Alto dos Moinhos, in Rua Augusto Pina, No. 21 r/c loja A, both located in Lisbon, by filling out 208 IMMIGRATION IN PORTUGAL the correct form. Documents and the application form may also be sent by post to the Central Registry Office at Rua Rodrigo da Fonseca, no. 200 1093-003 Lisbon. If you are sending your documents by post and payment is required, you should include a cheque or postal order payable in Portugal made out to the “Conservatória dos Registos Centrais” (the Central Registry Office) in order to carry out this payment. WHICH DOCUMENTS SHOULD ACCOMPANY THIS STATEMENT? - The child’s birth certificate, or the corresponding Birth Record (Boletim de Nascimento) Note: This document does not need to be shown if information can be provided which enables the corresponding document to be identified – specifically, the place of birth, the corresponding date of birth and, if known, the Portuguese Civil Register Office which will have a record of this document on file and the corresponding number and year. - a Document issued by the Foreign Nationals and Border Control Service (SEF) proving that prior to the birth of the child one of the parents had legally resided in Portuguese territory for a period of at least 5 years. - A Document issued by the Foreign Nationals and Border Control Service (SEF) proving that neither of the parents was present in Portuguese territory in the service of their respective country. Note: The new law does not require the submission of these statements, given that the Registry Office itself can officially obtain them through SEF services. PORTUGUESE NATIONALITY 209 WHAT ARE THE MAJOR NEW FEATURES OF THE NEW NATIONALITY LAW WITH REGARD TO ORIGINAL NATIONALITY? Firstly, the new law has granted original nationality to those usually categorised as “third generation immigrants”: persons born in Portugal with no actual ties to another country, with at least one parent (father or mother) born in Portugal, and resident here since their birth. The new law also reduces the requirements for the granting of original nationality to descendents of immigrants, since all that is necessary is that at the time of the birth one of the parents has been legally resident in Portugal for only 5 years. The required residence period has decreased, and with it discrimination based on the country of origin. Also legal residence is based on residence through holding any valid documentation, with the exception of short-stay visas. Secondly, the law no longer requires the applicants to submit a series of documents, which may now be obtained directly from the relevant authorities by the Registry Office. II - THE ACQUISITION OF NATIONALITY (DERIVED NATIONALITY) A) THROUGH INTENT: CHILDREN WHO ARE MINORS OR INCAPACITATED OF A MOTHER OR FATHER WHO HAS ACQUIRED PORTUGUESE NATIONALITY IF I ACQUIRE PORTUGUESE NATIONALITY, CAN MY CHILDREN WHO ARE MINORS ALSO BECOME PORTUGUESE? As was the case with the previous law, children who are minors or incapacitated of a mother or father who 210 IMMIGRATION IN PORTUGAL has been granted Portuguese nationality may also be granted nationality, through a statement of intent for this purpose made by their legal representatives. WHICH OTHER REQUIREMENTS NEED TO BE CONFIRMED? Your minor child must: - Have firm ties to the Portuguese community; - Not have been found guilty, under a final and binding decision (res judicata), of a crime punishable with a maximum prison sentence equal to or greater than 3 years, under Portuguese law. WHERE ARE THESE STATEMENTS OF INTENT MADE? These statements may be made: - At any Civil Register Office - At Portuguese Consulate (for which consular fees may be payable) Request for granting nationality may also be made in person at the extension to the Central Registry Office, at the National Centre for Assistance to Immigrants (CNAI ) or at the annex in Alto dos Moinhos, in Rua Augusto Pina, No. 21 r/c loja A, both located in Lisbon, by filling out the correct form. Documents and the application form may also be sent by post to the Central Registry Office at Rua Rodrigo da Fonseca, no. 200 1093-003 Lisbon. If you are sending your documents by post and payment is required, you should include a cheque or postal order payable in Portugal made out to the “Conservatória dos Registos Centrais” (the Central Registry Office) in order to carry out this payment. AND WHICH DOCUMENTS SHOULD ACCOMPANY THIS STATEMENT? - A certified copy of the birth certificate (full birth certificate, if possible) and a translation, if the document is not in Portuguese PORTUGUESE NATIONALITY 211 - Documentation proving registration of the acquisition of Portuguese nationality by one of the parents - Document proving the foreign nationality of the minor or incapacitated child, along with an official translation, if the document is not in Portuguese (or the presentation of the passport stating the nationality of the applicant) - If the minor or incapacitated person is 16 years of age or over, criminal record certificates issued by the competent authorities should be submitted, from the country of origin and nationality, as well as the countries where the person has resided since the age of 16. Note: Criminal records issued outside Portugal do not need to be legalised at the Portuguese Consulate. - If the minor is older than 16 years of age and decided to join the armed forces of the foreign state or has carried out public administrative functions in the foreign state, the person should submit documentation to identify the nature of those functions. Note: The status of minor is in accordance with the law of the country of nationality of the applicant, which means that although adulthood is reached in Portugal at the age of 18, if adulthood in the country of the applicant is attained, for example, at the age of 21, the request can be made before the child turns 21 years of age. THROUGH MARRIAGE OR NON-MARITAL PARTNERSHIP WITH A PORTUGUESE NATIONAL CAN I ACQUIRE PORTUGUESE NATIONALITY THROUGH MARRIAGE TO A PORTUGUESE NATIONAL? A foreign national married to a Portuguese national may acquire Portuguese nationality, through making a state- 212 IMMIGRATION IN PORTUGAL ment to the effect, provided the following conditions are met: 1. To have been married for more than three years; 2. To have firm ties to the Portuguese community; 3. Not to have perpetrated a crime punishable with a maximum prison sentence equal to or greater than three years, under Portuguese law (e.g. murder, assault, theft, robbery; drug trafficking); 4. Not to have carried out public administrative duties of a non-technical nature for a Foreign State; 5. Not to have served voluntary military service in a Foreign State. WHAT DO I NEED TO DO? Once you are married you need to make a statement of intent to acquire Portuguese nationality. WHERE ARE THESE STATEMENTS OF INTENT MADE? These statements may be made: - At any Civil Register Office - At a Portuguese Consulate Requests for granting nationality may also be made in person at the extension to the Central Registry Office, at the National Immigrant Support Centre or at the annex in Alto dos Moinhos, in Rua Augusto Pina, no. 21 r/c loja A, both located in Lisbon, by filling out the correct form. Documents and the application form may also be sent by post to the Central Registry Office at Rua Rodrigo da Fonseca, no. 200 1093-003 Lisbon. If you are sending your documents by post and payment is required, you should include a cheque or postal order payable in Portugal made out to the “Conservatória dos Registos Centrais” (the Central Registry Office) in order to carry out this payment. PORTUGUESE NATIONALITY 213 WHICH DOCUMENTS SHOULD I SUBMIT ALONG WITH THE REQUEST FOR ACQUIRING NATIONALITY THROUGH MARRIAGE? - A certified copy of the birth certificate (full birth certificate, if possible) and a translation, if the document is not in Portuguese; - A marriage certificate transcribed for the Portuguese Civil Register Office (if carried out abroad); - The birth certificate of the Portuguese spouse annotated with the marriage. Note: The birth or marriage certificate do not have to be shown if information can be provided enabling the corresponding document to be identified – specifically, the place of birth/of marriage, the corresponding date and, if known, the Portuguese Civil Register Office which will have a record of this document on file and the corresponding number and year.: - Criminal record certificates issued by the competent authorities should be submitted, from the country of origin and nationality, as well as the countries where the person has resided since the age of 16. Note: The new law does not require the submission of a Portuguese criminal record certificate. Criminal records issued outside Portugal do not need to be legalised at the Portuguese Consulate. - Document proving the foreign nationality of the applicant, along with an official translation, if the document is not in Portuguese (or the presentation of the passport stating the nationality of the applicant) Note: Where relevant, documentation proving the nature of the administrative duties or the military service in the Foreign State should be provided. 214 IMMIGRATION IN PORTUGAL Note: It is advisable to provide evidence of firm ties to the Portuguese community, such as IRS tax returns, payments made to Social Security, Health Centre User Card, Taxpayer Card, birth certificate of children born in Portugal, etc. BESIDES THIS DOCUMENTATION, WHAT ELSE IS NEEDED? The applicant should also declare that: - There are firm ties to the Portuguese community; - Not to have been found guilty, under a final and binding decision (res judicata), of a crime punishable with a maximum prison sentence equal to or greater than 3 years, under Portuguese law (e.g. murder, assault, theft, robbery; drug trafficking); - Not to have carried out public administrative duties of a non-technical nature for a Foreign State; - Not to have served voluntary military service in a Foreign State. CAN I ACQUIRE PORTUGUESE NATIONALITY THROUGH NON-MARITAL PARTNERSHIP WITH A PORTUGUESE NATIONAL? Yes, the new nationality law enables a foreign national living in a non-marital partnership with a Portuguese national to acquire Portuguese nationality as long as: - There has been a legally recognised non-marital partnership for more than three years; - There are firm ties to the Portuguese community; - He/she has not perpetrated a crime punishable with a maximum prison sentence equal to or greater than three years, under Portuguese law (e.g. murder, assault, theft, robbery; drug trafficking); PORTUGUESE NATIONALITY 215 - He/she has not carried out public administrative duties of a non-technical nature for a Foreign State; - He/she has not signed up and served in the armed forces of a Foreign State. WHAT DO I NEED TO DO? The first step that should be taken is to initiate a legal action in a civil court in the area of residence of the couple in order to recognise their union (a legal action to establish a non-marital partnership). After obtaining the Court’s ruling, which establishes the non-marital partnership, it is necessary to make a statement of intent to acquire Portuguese nationality. Note: Nationals with major financial hardship have the right to be represented by a Lawyer in legal actions free of charge, through recourse to “Legal Aid”. The request for legal aid should be made at the social security office in the national’s area of residence. WHERE ARE THESE STATEMENTS OF INTENT MADE? These statements may be made: - At any Civil Register Office - At a Portuguese Consulate (consular fees may be payable) Requests for granting nationality may also be made in person at the extension to the Central Registry Office, at the National Immigrant Support Centre or at the annex in Alto dos Moinhos, in Rua Augusto Pina, No. 21 r/c loja A, both located in Lisbon, by filling out the correct form. Documents and the application form may also be sent by post to the Central Registry Office at Rua Rodrigo da Fonseca, no. 200 1093-003 Lisbon. If you are sending your documents by post and payment is required, you should include a cheque or postal order payable in 216 IMMIGRATION IN PORTUGAL Portugal made out to the “Conservatória dos Registos Centrais” (the Central Registry Office) in order to carry out this payment. WHICH DOCUMENTS SHOULD I SUBMIT WITH THE REQUEST FOR ACQUIRING NATIONALITY THROUGH NON-MARITAL PARTNERSHIP? - A certified copy of the birth certificate (full birth certificate, if possible) and a translation, if the document is not in Portuguese; - A copy of the legal ruling recognising the existence of a non-marital partnership. - Birth certificate of the Portuguese national. Note: The birth certificate does not have to be shown if information can be provided which enables the corresponding document to be identified – specifically, the place of birth, the corresponding date of birth and, if known, the Portuguese Civil Register Office which will have a record of this document on file and the corresponding number and year: - A statement made by the Portuguese national within the last 3 months that confirms that the non-marital partnership still exists. This statement may be made to a civil servant at one of the services where statements of intent can be made or through a document signed by the Portuguese member of the non-marital partnership, along with the number, date and issuing body of the person’s identity card. - Document proving the foreign nationality of the applicant, along with an official translation, if the document is not in Portuguese, or the presentation of the passport stating the nationality of the applicant; - Criminal record certificates issued by the competent authorities should be submitted, from the PORTUGUESE NATIONALITY 217 country of origin and nationality, as well as the countries where the person has resided since the age of 16. Note: The new law does not require the submission of a Portuguese criminal record certificate. Criminal records issued outside Portugal do not need to be legalised at the Portuguese Consulate. Note: Where relevant, documentation proving the nature of the administrative duties or the military service in the Foreign State should be provided. BESIDES THIS DOCUMENTATION, WHAT ELSE IS NEEDED? The applicant should also declare that: - There are firm ties to the Portuguese community; - Not to have been found guilty, under a final and binding decision (res judicata), of a crime punishable with a maximum prison sentence equal to or greater than 3 years, under Portuguese law (e.g. murder, assault, theft, robbery; drug trafficking); - Not to have carried out public administrative duties of a non-technical nature for a Foreign State; - Not to have served voluntary military service in a Foreign State. WHEN WILL I ACQUIRE PORTUGUESE NATIONALITY THROUGH MARRIAGE OR THROUGH NON-MARITAL PARTNERSHIP, THAT IS, WHEN DOES THIS START? The acquisition of nationality through marriage or nonmarital partnership is subject to compulsory registration and this takes effect from the date on which this registration is recorded. 218 IMMIGRATION IN PORTUGAL WHAT STAGES ARE THERE IN THE PROCESS OF ACQUIRING NATIONALITY THROUGH INTENT? The process starts with the issuing of a statement of intent to be Portuguese and the submission of the documentation. This statement may be made by the person to whom it refers (in person or by proxy) or, in the case of a minor or incapacitated person, by the parents or legal representatives. These statements may be made: - At any Civil Register Office - At the Portuguese Consulate (consular fees may be payable) Request for granting nationality may also be made in person at the extension to the Central Registry Office, at the National Immigrant Support Centre or at the annex in Alto dos Moinhos, in Rua Augusto Pina, no. 21 r/c loja A, both located in Lisbon, by filling out the correct form. Documents and the application form may also be sent by post to the Central Registry Office at Rua Rodrigo da Fonseca, no. 200 1093-003 Lisbon. If you are sending your documents by post and payment is required, you should include a cheque or postal order payable in Portugal made out to the “Conservatória dos Registos Centrais” (the Central Registry Office) in order to carry out this payment. Once the statement has been made and all the information and documentation has been received, the body that has received it sends the application to the Central Registry Office. The Central Registry Office will analyse the application within a period of 30 days and, if it concludes that there are problems with it, or necessary documentation is missing, it will notify the applicant of the need to add these missing elements, within a period of 20 days. PORTUGUESE NATIONALITY 219 Having finished the examination, the Central Registrar will have 60 days to determine if all the conditions have been met for the granting of Portuguese nationality and to assess whether a ruling should be issued. If, after analysing all elements, the Registrar rejects the request, the applicant will be notified and have 30 days to reply to the reasons given by the Registrar for refusing the application. After 30 days, and after having considered the response made by the applicant, the Registrar makes a final decision to grant the registration of nationality, or not. B) ACQUISITION OF NATIONALITY THROUGH ADOPTION IF A PORTUGUESE PERSON ADOPTS A FOREIGN CHILD, DOES THIS CHILD ACQUIRE PORTUGUESE NATIONALITY? A child that is full adopted by a Portuguese national acquires Portuguese nationality. In such cases, however, there may be oppositions to the acquisition of Portuguese nationality. Note: Full adoption (adopção plena) is a type of adoption that is characterised as having more extensive effects than the other type of adoption, restricted adoption (adopção restrita). In full adoption the adopted child acquires the status of the child of the person who is adopting and becomes fully integrated with the other offspring, and the family ties between the adopted child and his biological family are extinguished. 220 IMMIGRATION IN PORTUGAL C) ACQUISITION OF NATIONALITY THROUGH NATURALISATION HOW CAN I ACQUIRE PORTUGUESE NATIONALITY THROUGH NATURALISATION? Under the terms of the new Nationality Law, Portuguese nationality acquired through naturalisation is approved by the Minister for Justice following a request by the applicant. WHAT CONDITIONS DO I HAVE TO SATISFY IN ORDER TO ACQUIRE PORTUGUESE NATIONALITY THROUGH NATURALISATION? The New Nationality Law specifies the following situations in relation to the acquisition of Portuguese nationality through naturalisation: 1. The Government grants Portuguese nationality through naturalisation to foreign nationals who meet all of the following requirements: a) To have reached adulthood or being of age under Portuguese law; b) To have legally resided in Portuguese territory for at least 6 years with any type of resident permit except a short-stay visa; c) To have sufficient knowledge of the Portuguese language; d) Not to have been found guilty, under a final and binding decision (res judicata), of a crime punishable with a maximum prison sentence equal to or greater than three years, under Portuguese law (e.g. murder, assault, theft, robbery; drug trafficking). 2. The Government grants Portuguese nationality through naturalisation to minors of 18 years of age, who have been born in Portuguese territory and who are the children of foreign nationals, provided that they meet all of the following requirements: PORTUGUESE NATIONALITY 221 a) To have sufficient knowledge of the Portuguese language; b) Not to have been found guilty, under a final and binding decision (res judicata), of a crime punishable with a maximum prison sentence equal to or greater than three years, under Portuguese law (e.g. murder, assault, theft, robbery; drug trafficking). And provided that one of the following situations is the case when the request is made: c) One of the parents has legally resided in Portuguese territory for at least 5 years with any type of resident permit except a short-stay visa; or d) Irrespective of the residential status of the parents, the minor has concluded the first cycle of elementary education in Portugal. 3.The Government grants Portuguese nationality through naturalisation to persons who have had Portuguese nationality and who, having lost it, have never acquired any other nationality, as long as they meet all of the following requirements: a) To have reached adulthood or be of age under Portuguese law; b) Not to have been found guilty, under a final and binding decision (res judicata), of a crime punishable with a maximum prison sentence equal to or greater than three years, under Portuguese law (e.g. murder, assault, theft, robbery; drug trafficking). 4.The Government grants Portuguese nationality through naturalisation to persons born abroad, who have at least one Portuguese grandfather 222 IMMIGRATION IN PORTUGAL or grandmother who have not lost this nationality, as long as they meet all of the following requirements: a)To have reached adulthood or be of age under Portuguese law; (b) To have sufficient knowledge of the Portuguese language; (c) Not to have been found guilty, under a final and binding decision (res judicata), of a crime punishable with a maximum prison sentence equal to or greater than three years, under Portuguese law (e.g. murder, assault, theft, robbery; drug trafficking). 5.The Government may grant Portuguese nationality through naturalisation to persons born in Portugal as children of foreign nationals, who have had Portugal as their usual place of residence in the 10 years immediately prior to the request, as long as they satisfy all of the following requirements: a)To have reached adulthood or be of age under Portuguese law; (b) To have sufficient knowledge of the Portuguese language; (c) Not to have been found guilty, under a final and binding decision (res judicata), of a crime punishable with a maximum prison sentence equal to or greater than three years, under Portuguese law (e.g. murder, assault, theft, robbery; drug trafficking). 6. The Government may grant Portuguese nationality through naturalisation to persons who, whilst not stateless, have had Portuguese nationality, to those considered descendents of Portuguese nationals, to members of communities with Portuguese ancestry and to foreign nationals who PORTUGUESE NATIONALITY 223 have carried out or have been asked to carry out pertinent services for the Portuguese State or the Portuguese community, as long as they cumulatively satisfy the following conditions: a) To have reached adulthood or be of age under Portuguese law; b) Not to have been found guilty, under a final and binding decision (res judicata), of a crime punishable with a maximum prison sentence equal to or greater than three years, under Portuguese law (e.g. murder, assault, theft, robbery; drug trafficking). WHAT ARE THE MAJOR NEW FEATURES OF THE NEW NATIONALITY LAW WITH REGARD TO NATURALISATION? The new law has reduced the requirements for naturalisation and also covers a number of new situations that the previous law did not cover. As regards nationals who have reached adulthood, it has ended discrimination with regard to the country of origin by establishing an equal period of residence for all (6 years), and has also standardised the concept of resident with regard to holding any valid permit, with the exception of a short-stay visa. As regards minors who are the descendants of immigrants, the law gives them the right to nationality through naturalisation if one of their parents has been a legally resident for 5 years (at the date of the request) or, if the minors were born in Portugal and have finished the 1st cycle of elementary education. The law equally enables the acquisition of nationality through naturalisation to nationals who are descendants of immigrants, born in Portugal and who have reached adulthood, and who have resided here in the last 10 years (even if they are residing without authorisation). 224 IMMIGRATION IN PORTUGAL TO WHOM SHOULD I MAKE MY REQUEST FOR ACQUISITION OF PORTUGUESE NATIONALITY THROUGH NATURALISATION? To the Minister for Justice WHERE SHOULD I SUBMIT MY REQUEST TO ACQUIRE PORTUGUESE NATIONALITY THROUGH NATURALISATION? Those wishing to acquire Portuguese nationality through naturalisation can submit their request at the following services: - At the extension to the Central Registry Office, at the National Immigrant Support Centre or at the annex in Alto dos Moinhos, in Rua Augusto Pina, no.21 r/c Loja A, both in Lisbon, through filling in the appropriate application form. Documents and the application form may also be send by post to the Central Registry Office at Rua Rodrigo da Fonseca, no. 200, 1093-003 Lisbon. If you are sending your documents by post and payment is required, you should include a cheque or postal order payable in Portugal made out to the “Conservatória dos Registos Centrais” (the Central Registry Office) in order to carry out this payment. - At any Civil Register Office - At a Portuguese Consulate (for which consular fees may be payable) The application can also be made by completing the relevant application form and posting it to the Central Registry Office or by lodging it in person at the CNAI. WHAT SHOULD I INCLUDE IN MY REQUEST FOR ACQUISITION OF PORTUGUESE NATIONALITY THROUGH NATURALISATION? - Full name, date of birth, marital status, place of origin, nationality, parental details, profession, PORTUGUESE NATIONALITY 225 current residence, details of countries previously resided in; - Full name and residence of the legal representative (if the applicant is incapacitated) or the holder of the power of attorney. - Details of the number, date and issuing body of the person’s Residence Visa or similar document, passport or equivalent identification document of the applicant, their legal representative or the holder of the power of attorney; - applicant’s signature, witnessed by a notary, except when written in the presence of a civil servant at one of the services or at an attendance centre with power to receive such requests. The form to apply for naturalisation may be obtained from the following website: http://www.dgrn.mj.pt WHICH DOCUMENTS SHOULD I ATTACH TO MY REQUEST FOR ACQUISITION OF NATIONALITY THROUGH NATURALISATION? FOREIGN NATIONALS WHO ARE 18 YEARS OR OLDER WHO HAVE BEEN RESIDENT IN PORTUGUESE TERRITORY FOR AT LEAST 6 YEARS 1. A certified copy of the birth certificate (full birth certificate, if possible) and a translation, if the document is not in Portuguese 2. A document issued by the Foreign Nationals and Border Control Service (SEF) proving that the person has resided in Portuguese territory for at least six years. Note: The new law does not require the submission of this document. The Register Office can officially obtain the document from SEF 3. Document proving sufficient knowledge of the Portuguese language (see the list of documents below which are taken as such proof); 226 IMMIGRATION IN PORTUGAL 4. Criminal record certificates issued by the competent bodies should be submitted, from the country of origin and nationality, as well as the countries where the person has resided since the age of 16. Note: The new law does not require the submission of the Portuguese criminal record certificate. Criminal records issued outside Portugal do not need to be legalised at the Portuguese Consulate. MINORS BORN IN PORTUGUESE TERRITORY 1. Birth certificate, or the Birth Record (Boletim de Nascimento); Note: The birth certificate does not have to be submitted as long as information is provided which enables the corresponding document to be identified – specifically, the place of birth, the corresponding date of birth and, if known, the Portuguese Civil Register Office which will have a record of this document on file and the corresponding number and year: 2.Document proving sufficient knowledge of the Portuguese language (see the list of documents below which are taken as such proof). Note: Children up to the age of 12 do not have to submit this document. 3.If the child is 16 years or over: Criminal record certificates issued by the competent bodies should be submitted, from the country of origin and nationality, as well as the countries where the person has resided since the age of 16. Note: The new law does not require the submission of a Portuguese criminal record certificate. Criminal records issued outside Portugal do not need to be legalised at the Portuguese Consulate. PORTUGUESE NATIONALITY 227 4.A document issued by the Foreign Nationals and Border Control Service (SEF) proving that one of the parents has legally resided in Portuguese territory for at least five years; Note: The new law does not require the submission of this document. The Register Office itself can officially obtain the document from SEF 5. Or a document proving that the minor has completed the first cycle of primary school in Portugal. PEOPLE WHO USED TO HAVE PORTUGUESE NATIONALITY BUT WHO CURRENTLY DO NOT HAVE ANY NATIONALITY 1.Birth registration certificate. Note: If this document was issued in Portugal, it does not have to be submitted as long as information can be provided which enables the corresponding document to be identified – specifically, the place of birth, the corresponding date of birth and, if known, the Portuguese Civil Register Office which will have a record of this document on file and the corresponding number and year: If the birth certificate was issued abroad then, if possible, it should be a full birth certificate issued as a suitably legalised photocopy along with an official translation, if the document is not in Portuguese. 2. Documents issued by the relevant authorities in the countries with which the national has meaningful contacts, specifically the country of origin, the countries where the person has resided or resides and the country of the parents’ nationality, proving that the national has never been granted any other nationality. 3. Criminal record certificates issued by the compe- 228 IMMIGRATION IN PORTUGAL tent authorities in Portugal, and from the country of origin as well as the countries where the person has resided since the age of 16. Note: The new law does not require the submission of a Portuguese criminal record certificate. Criminal records issued outside Portugal do not need to be legalised at the Portuguese Consulate. FOREIGN NATIONALS WHO ARE DESCENDANTS OF A PORTUGUESE NATIONAL 1. A certified copy of the birth certificate (full birth certificate, if possible) and a translation, if the document is not in Portuguese. 2.Birth registration certificate of the Portuguese grandfather / mother who has Portuguese nationality and the parent (father or mother) who is their descendant. Note: The new law does not require the submission of this birth registration certificate when the civil registry has access to this through their IT system. 3. Document proving sufficient knowledge of the Portuguese language (see the list of documents below which are taken as such proof). 4. Criminal record certificates issued by the competent Portuguese bodies, from the country of origin and nationality, as well as the countries where the person has resided since the age of 16. Note: The new law does not require the submission of a Portuguese criminal record certificate. FOREIGN NATIONALS AGED 18 YEARS OF AGE OR OVER BORN IN PORTUGUESE TERRITORY 1.Birth certificate, or the Birth Record (Boletim de Nascimento); PORTUGUESE NATIONALITY 229 Note: The birth certificate does not have to be submitted as long as information is provided which enables the corresponding document to be identified – specifically, the place of birth, the corresponding date of birth and, if known, the Portuguese Civil Register Office which will have a record of this document on file and the corresponding number and year: 2.Document proving sufficient knowledge of the Portuguese language (see the list of documents below which are taken as such proof). 3.Criminal record certificates issued by the competent Portuguese bodies, from the country of nationality, as well as the countries where the person has resided since the age of 16. Note: The new law does not require the submission of a Portuguese criminal record certificate. 4.Documents proving that in the 10 years immediately prior to the request, the person usually resided in Portuguese territory – documents which show deductions made for social security payments, to the fiscal authorities, attendance at school, housing situation or a valid recognised travel document (Passport). SPECIAL CASES 1.Birth registration certificate Note: If this certificate was issued in Portugal, it does not have to be submitted as long as information can be provided which enables the corresponding document to be identified – specifically, the place of birth, the corresponding date of birth and, if known, the Portuguese Civil Register Office which will have a record of this document on file and the corresponding number and year: 230 IMMIGRATION IN PORTUGAL If the birth certificate was issued abroad then, if possible, it should be a full birth certificate issued as a suitably legalised photocopy along with an official translation, if the document is not in Portuguese. 2.Criminal record certificates issued by the competent Portuguese bodies, from the country of origin and nationality, as well as the countries where the person has resided since the age of 16. Note: The new law does not require the submission of a Portuguese criminal record certificate. In addition to the 2 documents mentioned above, the person should also include other documentation in accordance with his specific situation: (i) Persons who, while not stateless, have had Portuguese nationality. - The request should include details of the circumstances that led to the loss of nationality. (ii) Descendants of Portuguese nationals and members of a community with Portuguese ancestry: - Birth certificates for all the ascendants up to the 1st degree of Portuguese nationality and other details which the Minister for Justice may consider necessary. (iii) Foreign nationals who have carried out or been called to carry out pertinent services for the Portuguese State of the Portuguese community: Documentation issued by the relevant Department, in accordance with the nature of those services. WHICH DOCUMENTS DO I NEED TO SHOW THAT I HAVE SUFFICIENT KNOWLEDGE OF THE PORTUGUESE LANGUAGE? Proof of knowledge of the Portuguese language may be established in one of the following ways: PORTUGUESE NATIONALITY 231 - An educational certificate issued by a legally recognised official, private or cooperative Portuguese educational institution, proving the successful completion of the level of education; - A pass certificate in a diagnostic test held in any of the aforementioned educational institutions; (see www.provalinguaportuguesa.gov.pt ) - A certificate of Portuguese as a foreign language, issued following a test at a Portuguese as a Foreign Language evaluation centre recognised by the Ministry of Education. AND WHAT ABOUT CHILDREN OR PERSONS WHO DO NOT KNOW HOW TO WRITE OR CANNOT TALK OR WRITE, HOW DO THEY PROVE THAT THEY HAVE SUFFICIENT KNOWLEDGE OF THE PORTUGUESE LANGUAGE? It is only necessary to prove knowledge of the Portuguese language from 1 year of age. For children and infants older than 1 and less than 10 years of age, or for people who do not know how to read or write, the Portuguese language test should be adapted to their ability to acquire or show knowledge of the language. WHAT STAGES ARE INVOLVED IN THE NATURALISATION PROCESS? All bodies receiving such requests should forward them to the Central Registry Office within 48 hours. The Central Registry Office must, within a period of 30 days, duly analyse the application. If the request does not contain the necessary elements or does not include the necessary documentation to prove the facts forming the basis of the request, the Central Registry Office may reject the request. In this event the applicant has 20 days to respond. 232 IMMIGRATION IN PORTUGAL After receiving the applicant’s reply, or after a period of 20 days without a response, the Central Registry Office will issue its decision. If the request contains all the necessary elements and includes all the necessary documents, the Central Registry Office will ask the Foreign Nationals and Border Control Service (SEF) and the Portuguese Criminal Police (Polícia Judiciária) for information within a period of 30 days, which can be extend to 90 days when there is sufficient cause. After 45 days the Central Registry Office will issue its decision concerning the feasibility of the request. It the decision is positive, the application will be sent to the Minister for Justice for the final decision. If the decision is negative, the applicant will be notified in order to be able to respond to this within a period of 20 days. After that period and after analysing the applicant’s reply (if there is a reply) the application is then sent to the Minister for Justice for the final decision. Note: In special cases and when requested and substantiated by the applicant , the Minister for Justice may dispense with the submission of any document normally required in relation to an application for naturalisation, provided that there is no dispute concerning any factual elements that such documentation would have established. III – OPPOSITION TO THE ACQUISITION OF PORTUGUESE NATIONALITY CAN THERE BE OPPOSITION TO THE ACQUISITION OF PORTUGUESE NATIONALITY? Yes, there may be opposition to the acquisition of Portuguese nationality in cases involving acquisition through intent or adoption. PORTUGUESE NATIONALITY 233 HOW DOES THIS OPPOSITION TAKE PLACE? The State, through the Public Prosecution Service (Ministério Público), may oppose the acquisition of nationality through the expression of intent or through adoption, provided it has knowledge of any grounds for such opposition. ON WHAT GROUNDS CAN THE STATE BE OPPOSED TO THE ACQUISITION OF PORTUGUESE NATIONALITY? The following are grounds to oppose the acquisition of Portuguese nationality: 1. The lack of firm ties to the Portuguese community; 2. Being found guilty, under a final and binding decision (res judicata), of a crime punishable with a maximum prison sentence equal to or greater than three years, under Portuguese law (e.g. murder, assault, theft, robbery; drug trafficking). 3. Having carried out public administrative duties of a non-technical nature or voluntary military service in a Foreign State. CAN THE PORTUGUESE STATE SIMPLY APPEAL THE ACQUISITION OF PORTUGUESE NATIONALITY BY INVOKING ONE OF THOSE GROUNDS? No, with the new Nationality Law the Public Prosecution Service has to prove the existence of one of the situations providing grounds for this opposition. This proof is required to successfully oppose the application. IF I ACQUIRE PORTUGUESE NATIONALITY DO I LOSE MY ORIGINAL NATIONALITY OR CAN I KEEP BOTH? Portuguese legislation allows for multiple nationalities, that is, a Portuguese national may also have other nationalities. However, acquiring Portuguese nationality may or not imply the loss of original nationality, according to whether the 234 IMMIGRATION IN PORTUGAL laws of the country of origin of the person allow for dual or multiple nationalities, since there may be laws that require that the person give up their former nationality in order to obtain the nationality of the country of immigration. For example, the legal systems of the Ukraine and GuineaBissau do not accept dual nationality. IN THE EVENT OF HAVING TWO OR MORE NATIONALITIES, WHICH OF THESE IS TAKEN INTO CONSIDERATION? If you have two or more nationalities and one of them is Portuguese, it is this that is taken into consideration when considering Portuguese law. CAN I GIVE UP MY PORTUGUESE NATIONALITY? The Portuguese national can only give up his nationality if he has acquired another one. If not, Portuguese law does not allow a person to renounce Portuguese nationality to become stateless (without any nationality). CAN AN IMMIGRANT BE FORCED TO GIVE UP THEIR ONLY NATIONALITY? According to article 15 of the Universal Declaration of Human Rights, nobody can be arbitrarily deprived of their nationality or the right to change nationality. IV - CHILDREN All persons who are 14 years of age or older must show a valid identification document: Passport or Residence Visa. Consular registration is not a substitute for presenting an identity document. A – GRANTING AND ACQUISITION OF NATIONALITY (PERSONS BORN IN PORTUGAL) MY CHILD WAS BORN IN PORTUGAL, AS A CHILD OF IMMIGRANTS. DOES HE HAVE PORTUGUESE NATIONALITY? The child may have if they satisfy certain requirements. PORTUGUESE NATIONALITY 235 It is important to make a distinction between three situations: 1.Child of a foreign national, born in Portugal, when the father or mother (or both) was also born here: In this case the child may have original Portuguese nationality as long as the father or mother who was born in Portugal was residing in Portugal (irrespective of the form of documentation enabling this) upon the birth of the child. 2.Child of a foreign national, born in Portugal, when neither the father nor the mother was born here: In this case Portuguese nationality may be acquired as long as: a) The parents are not here in the service of their respective State; b) A statement of intent to become Portuguese is made (registering the birth as having taken place in Portuguese territory is not sufficient); c) Upon the birth of the child, either the father or the mother has legally resided in Portuguese territory (holding any type of residence permit with the exception of a shortstay visa) for at least 5 years. 3.If at the moment of birth of the child neither the father nor the mother has legally resided here for at least 5 years, they can request naturalisation for their child: - when one of the parents completes 5 years of legal residence, or - - when the minor finishes the first cycle of elementary education in Portugal. 236 IMMIGRATION IN PORTUGAL It is also necessary that the minor: • has knowledge of the Portuguese language; • In the event of being 16 years of age or older: Not to have been found guilty, under a final and binding decision (res judicata), of a crime punishable with a maximum prison sentence equal to or greater than three years, under Portuguese law (e.g. murder, assault, theft, robbery; drug trafficking). I WAS BORN ABROAD AND CAME TO PORTUGAL AND AM NOW RESIDING WITHOUT AUTHORISATION – CAN MY CHILD, A MINOR, WHO WAS BORN HERE, ACQUIRE PORTUGUESE NATIONALITY UNDER THE CONDITIONS OUTLINED IN THE PREVIOUS QUESTIONS? If the parent is residing without authorisation, the child born in Portugal can only acquire Portuguese nationality through naturalisation if the child has completed the 1st cycle of elementary education and is still under 18 years of age. B – ACQUISITION OF NATIONALITY (BORN ABROAD) I AM AN IMMIGRANT AND HAVE A CHILD WHO WAS NOT BORN IN PORTUGAL. CAN THE CHILD OBTAIN PORTUGUESE NATIONALITY? If at least one of the parents of the child acquires Portuguese nationality while the child is still a minor, the child can also acquire it, through a statement of intent by the parents expressing the wish that Portuguese nationality be granted to their child. If neither of the parents has or acquires Portuguese nationality, the child cannot acquire Portuguese nationality while still a minor. PORTUGUESE NATIONALITY 237 The child will have to wait until reaching adulthood and submit a request for naturalisation provided that in the meanwhile that person satisfies the necessary requirements. WHICH NAMES ARE ALLOWED THE CHILD OF AN IMMIGRANT WHO ACQUIRES PORTUGUESE NATIONALITY? Under the terms of the new legislation, the names that may be given to a person granted Portuguese nationality are those in accord with legislation in force regarding the formulation of names. However, whenever those who have been granted Portuguese nationality wish to, they may keep their original name. 238 IMMIGRATION IN PORTUGAL USEFUL CONTACTS National Centre for Assistance to Immigrants, Lisboa Rua Álvaro Coutinho, 14 1150-025 Lisboa Tel. +351 218 106 100 Fax: +351 218 106 117 SOS Immigrant Line: 808 257 257, +351 218 106 191 [email protected] Central Registry Office, Lisboa Rua Rodrigo da Fonseca, 200 1093-003 Lisboa Tel.: +351 213 817 610 or +351 213 817 670 [email protected] http:www.dgrn.mj.pt Extension to the Central Registry Office, Alto dos Moinhos Rua Augusto Pina, 21 - R/C - Loja A (Benfica) Tel.: +351 217 709 030 Fax: +351 217 709 044 Foreign Nationals and Border Control Service (SEF) (Headquarters) Rua Conselheiro José Silvestre de Ribeiro, no. 4 1649-007 Lisboa Tel.: +351 217 115 000 Regional Office, (North) Rua D. João IV, 536 - apartado 4819 4013 Porto Codex Tel.: +351 225 898 710 Fax: +351 225 898 762 Email: [email protected] PORTUGUESE NATIONALITY Regional Office, Centre Rua Venâncio Rodrigues, 25-31 3000-409 Coimbra Tel.: +351 239 853 500 Fax: +351 239 853 529 Email: [email protected] Regional Office, Lisboa and Vale do Tejo Av. António Augusto de Aguiar, 20 1069- 119 Lisboa Tel.: +351 213 585 500 Fax: +351 213 144 053 Email: [email protected] Regional Office, Algarve Rua Luis de Camões, 5 8000-388 Faro Tel.: +351 289 888 300 Fax: +351 289 888 301 Email: [email protected] Regional Office, Madeira Edifício das Forças de Segurança, Aeroporto da Madeira 9100-101 Santa Cruz Tel.: +351 291 214 150 / +351 291 214 160 Fax: +351 291 214 188 Email: [email protected] Regional Office, Azores Rua Marquês da Praia e Monforte, 10, Apartado 259 9500-089 Ponta Delgada Tel.: +351 296 302 230 Fax: +351 296 284 422 Email: [email protected] Internet http://www.sef.pt Email: [email protected] 239 240 IMMIGRATION IN PORTUGAL PORTUGUESE NATIONALITY LAW Law (Lei) No. 37/81, of 3 October, altered and republished by Organic Law No. 2/2006, of 17 April Decree-Law No. 308-A /75, of 24 June (applicable only to those born in the former Portuguese colonies before their respective independence, and only for the acquisition of original nationality) IMPLEMENTATION DECREE CONCERNING PORTUGUESE NATIONALITY Decree-Law No. 237-A/2006 of 14 December, Order in Council No. 1403-A/2006 of 15 December USEFUL WEBSITES: www.acidi.gov.pt www.provalinguaportuguesa.gov.pt www.dgrn.mj.pt www.min-nestrangeiros.pt/mne/missoes/ www.pgr.pt PORTUGUESE NATIONALITY 241 242 IMMIGRATION IN PORTUGAL VOLUNTARY RETURN 243 INTRODUCTION This section seeks to inform anyone interested in the Voluntary Return Programme, open to foreigners who wish to return to their country of origin or to Third Countries willing to receive them, even though they do not have the means to do so. In the following pages you will find information on how this programme works, and the requirements in order to benefit from supported return. In the resolution of concrete cases, the information provided here is not intended as a substitute for consulting IOM/OIM’s services or the contact points in the network of advice and information present in the country and indicated below. IMMIGRATION IN PORTUGAL 244 VOLUNTARY RETURN PROGRAMME (VRP) The Voluntary Return Programme emerged from a cooperation agreement between the Portuguese Government and the International Organization for Migration (IOM) – Mission in Portugal, a protocol signed on 21 December 2001, intending to put into practice an effective, dignified and humane policy of voluntary return for foreign citizens to their countries of origin or to Third receiving Countries willing to receive them. From 1997 up to the present time, the VRP has supported around 2,300 people who returned to over 40 different countries of origin. Seeking to improve the service and access to information among the potential beneficiaries across the country, in 2007, a network of reference was activated, constituted by various institutions, organisations and associations, present across the country, whose principal activity is to provide support and advice to immigrants. HOW DOES THE NETWORK OF INSTITUTIONS FOR INFORMATION AND ADVICE ON VOLUNTARY RETURN WORK? This network consists of “advisory organisations”- distributed across the country, which have the specific function of receiving applications for return sent in writing by the various organisations and institutions that undertake social support activities, and of proceeding with the analysis and initiation of the processes. Apart from IOM/OIM, the “advisory organisations” which you can turn to are: • • • • • • Lisbon CNAI Jesuit Refugee Service ( JRS) in Lisbon Regional Delegation of SEF in Évora Regional Delegation of SEF in Santarém Regional Delegation of SEF in Setúbal Porto CNAI VOLUNTARY RETURN 245 • Regional Delegation of SEF in Bragança • Regional Delegation of SEF in Viana do Castelo • Braga Red Cross - CLAII • AMIGrante Association in Leiria - CLAII • Regional Delegation of SEF in Aveiro • Regional Delegation of SEF in Castelo Branco • CAPELA Association in Portimão • Regional Directorate of SEF in Faro • João Paulo II Reception Centre – Coimbra • Beja Diocesan Caritas – CLAII • Regional Directorate of the Communities in the Azores • SEF Portimão • SEF Madeira After the initiation of a process, the “advisory organisations” refer the case to the IOM/OIM in Lisbon, which provides the respective accompaniment until the candidate embarks upon the trip. The network relies on the participation of a great number of organisations that undertake social support and advisory activities for immigrants and which, over the years, have worked together with IOM/OIM in the context of the Voluntary Return Programme. Among others: • • • • • • • Immigrant and cultural associations Social Departments of municipal governments Social Departments of Social Security Health centres Hospitals Social institutions Social Structures of the Catholic Church, as well as reception centres and Caritas • Embassies and Consulates • Non-Governmental Organisations • Educational Establishments 246 IMMIGRATION IN PORTUGAL WHO CAN BENEFIT FROM THE VOLUNTARY RETURN PROGRAMME? This programme is destined for foreigners who, finding themselves in Portugal, do not have the financial means to support the cost of the return trip. Minors can also be supported by the programme, providing that: a) they are accompanied by their parent or guardian; b) they present the express authorisation of their parent or guardian, where the assumption of responsibility for the return of the minor and for their reception in the destination airport is set out. Foreigners who find themselves in the situation referred to above can be supported provided that: • they present (or have someone do so) to IOM/ OIM, for the purposes of verification, all of the necessary documentation for voluntary return; • they have not committed any violation in Portugal that is subject to a criminal process; • they have not previously received financial support from this programme or another similar one; • they do not make false declarations. The Programme does not cover foreigners who have the nationality of a European Union Member State. All of the beneficiaries of voluntary return support will have the right to €50 to support potential costs on arrival in the country of origin. WHAT ARE THE PHASES OF THE RETURN PROCEDURE? Immigrants who fulfil the conditions for applying to the programme can turn to one of the partner organisations/institutions in the network and present their vo- VOLUNTARY RETURN 247 luntary return request (that is, the registration request for the IOM Voluntary Return Programme). If the applicant does not go directly to one of the advisory organisations indicated on the list, the organisation/institution contacted will record the applicant’s personal details and forward the voluntary return request in writing to one of the advisory organisations. The advisory organisation that receives the request will schedule a more detailed interview, after which the voluntary return process will be considered formally initiated. From that moment, the entire process is transferred to IOM, which (a) verifies the validity of all travel documents, (b) contacts the Consulates of the countries of origin represented in Lisbon in order to issue travel documents, where necessary, (c) books the trip, (d) informs the applicant of the date and the modes of transport and (e) provides assistance at the airport on the day of departure. WHAT TYPE OF SUPPORT IS PROVIDED BY THE VRP? The VRP provides: • one airline ticket, following the most direct and economic route for the return of persons to their country of origin or to a third country where their admission in guaranteed; • €50 to cover subsequent expenses that may be incurred during the trip; 248 IMMIGRATION IN PORTUGAL CONTACTS: International Organisation for Migration - IOM (Organização Internacional para as Migrações – OIM) Rua José Estevão, 137 – 8º 1150-201 Lisbon Tel. 21 324 29 40-48 Fax 21 324 29 49 Email: [email protected] Lisbon CNAI Centro Nacional de Apoio ao Imigrante Rua Álvaro Coutinho, 14 1150 – 025 Lisbon Tel. 218 10 61 00 Fax: 218 10 61 17 Email: [email protected] JRS – Jesuit Refugee Service Rua 8 ao Alto do Lumiar, Lote 59 1750 Lisbon Tel. 21 75 52 790 Fax: 21 75 52 799 Email: [email protected] Regional Delegation in Lisbon, Tejo Valley and the Alentejo - NRAF Rua Dr. Estevão Vasconcelos, 58 1900-665 Lisbon Tel: 21 86 14 013 / 55 / 56 / 63 / 64 Fax: 21 86 14 067 Regional Delegation in Évora Rua de Machede, 61 7000 Évora Tel. 266 788 190 Fax: 266 788 199 Email: [email protected] VOLUNTARY RETURN Regional Delegation in Santarém Edifício do Governo Civil 2000 – 118 Santarém Tel. 243 305 132 Fax. 243 305 145 Email: [email protected] Regional Delegation in Setúbal Av. Luísa Tody, 36 – 38 A – 40 2900-256 Setúbal Tel. 265 545 320 Fax. 265 545 368 Email: [email protected] Porto CNAI Centro Nacional de Apoio ao Imigrante Rua do Pinheiro, nº 9 4050 – 484 Porto Tel. 222 07 38 10 Fax 222 07 38 11 Email: [email protected] Regional Delegation in Bragança Largo S. João, R/C Dto - Edifício do Governo Civil 5301 – 864 Bragança Tel. 273 300 010 Fax. 273 300 019 Email: [email protected] Regional Delegation in Viana do Castelo R. José Espregueira, 147 4900-459 Viana do Castelo Tel.258 824 375 Fax. 258 828 181 Email: [email protected] Braga CLAII Centro Local de Apoio à Integração de Imigrantes Portuguese Red Cross – Braga Delegation Rua Dr. Francisco Machado Owen, 150 249 250 IMMIGRATION IN PORTUGAL 4710-452 Braga Tel. 253 264 342 Fax. 253 271 185 Email: [email protected] Leiria CLAII Centro Local de Apoio à Integração de Imigrantes AMIGrante Association Centro Associativo Municipal, 1.º Andar Mercado Novo (Largo Salgueiro Maia) 2400-221 Leiria Tel. 244 890 036 Fax. 244 890 032 Email: [email protected] Beja CLAII Centro Local de Apoio à Integração de Imigrantes Beja Diocesan Caritas Rua Afonso Lopes Vieira, N.º 13 7800-273 Beja Tel. 284 324 500 Fax. 284 324 527 Email: [email protected] João Paulo II Reception Centre Rua dos Combatentes da Grande Guerra, s/n 3030-320 Coimbra Tel. 239 718 001 Fax. 239 403 627 Email: [email protected] CAPELA Association Centro de Apoio à População Emigrante de Leste e Amigos Urbanização do Pimentão, Lote 6, Cave Dt.ª 8500 Portimão Tel. 282 495 583 / 965 596 382 Fax. 282 495 583 Email: [email protected] VOLUNTARY RETURN Regional Delegation in Aveiro Rua Batalhão Caçadores 10, N.º 75 3810-064 Aveiro Tel. 234 403 930 Fax. 234 422 920 Email: [email protected] Regional Delegation in Portalegre Av. de Santo António, N.º 12 7300-074 Portalegre Tel. 245 205 536 Fax. 245 205 505 Email: [email protected] Regional Delegation in Castelo Branco Rua Dr. Hermano, N.º 1 – 1.º 6000-213 Castelo Branco Tel. 272 343 775 Fax. 272 347 966 Email: [email protected] Regional Directorate in the Algarve Rua Luís de Camões, N.º 5 8000-388 Faro Tel. 289 888 300 Fax. 289 888 301 Email: [email protected] Regional Directorate in Madeira Rua Nova da Rochinha, n.º1-B 9064-509 Funchal Tel. 291 214 150 Fax. 291 214 188 E-Mail: [email protected] Regional Delegation in Portimão Quinta do Morais, Lote 11, Fracção A 8500-774 Portimão Tel. 282 405 330 Fax. 282 405 339 E-Mail: [email protected] 251 252 IMMIGRATION IN PORTUGAL Regional Directorate of the Communities in the Azores Ponta Delgada Rua Padre José Joaquim Rebelo, N.º 20 Edificio Boavista 9500-782 Ponta Delgada Tel. 296 204 800 Fax. 296 284 380 Email: [email protected] Horta Rua Cônsul Dabney, Colónia Alemã, Apartado 96 9900-014 Horta Tel. 292 208 100 Fax. 292 391 854 Email: [email protected] Angra do Heroísmo Rua do Palácio 9700- 143 Angra do Heroísmo Tel. 295 215 826 Fax. 295 214 867 Email: [email protected] VOLUNTARY RETURN 253 254 IMMIGRATION IN PORTUGAL Legal measures to combat racism 255 and xenophobia INTRODUCTION All nationals have the same social rank and are equal before the law. No person shall be privileged or favoured, or discriminated against, or deprived of any right or exempted from any duty, by reason of his ancestry, sex, race, language, territory of origin, religion, political or ideological convictions, education, economic situation or social circumstances. The object of the legislation set out in this document is to prevent and prohibit racial discrimination in any of its forms, and to penalise actions that constitute a violation of any fundamental right, or a refusal or lessening of any economic, social or cultural right by reason of a person’s race, colour, nationality or ethnic origin. This information chapter explains the different ways to combat racism and xenophobia. If you have any questions, please consult the relevant legislation, which is available on the website of the Committee for Equality and Against Racial Discrimination (www.cicdr.pt) or the website of the Office of the High Commissioner for Immigration and Intercultural Dialogue (www.acidi.gov.pt). 256 IMMIGRATION IN PORTUGAL I) Legislation concerned with infringement proceedings related to acts of discrimination based on race or ethnic origin (monitored and enforced by the Committee for Equality and against Racial Discrimination - CICDR): • Prohibits discrimination in the exercise of rights based on race, colour, nationality or ethnic origin – Law no./99 of 28 August; • Transforms into national law Council Directive 2000/43/EC of 29 June implementing the principle of equal treatment between persons irrespective of racial or ethnic origin – Law no. 18/2004 of 11 May (repeals in part Law no. 134/99 of 28 August); • Establishes criteria for resolving conflicts of responsibility – whether positive or negative – related to the actions of Inspectorate Generals – Decree-Law no. 86/2005 of 2 May; • General Arrangements concerning Infringements and Fines – Decree-Law no. 433/82 of 27 October, as amended by Decree-Law no. 356/89 of 17 October, Decree-Law no. 244/95 of 14 September and Law no. 109/2001 of 24 December. . ACIDI Organic Law – Decree-Law no. 167/2007 of 3 May. II) Other useful legal instruments concerned with combating racism and discrimination (the responsibility for which rests with other bodies) – including reference to the relevant articles: Authority for Labour Conditions (A.C.T.): • Labour Code - Law 99/2003 of 27 August – articles 22, 23, 25, 26 and 642;• Criminal Code – Decree-Law no. 48/95 of 15 March and subsequent amendments –article 132(2)(e) and articles 146, 239, 240, 251 and 252; • Appointment of a civil party in a criminal proceeding involving crimes of racism or xenophobia – Law no. 20/96 of 6 July; Legal measures to combat racism 257 and xenophobia III) Other relevant legal instruments and Government decrees: • Statute of the Socio–Cultural Mediator – Law no. 105/2001 of 31 August; • Administrative Procedures Code – Decree-Law no. 442/91 of 15 November and subsequent amendments: article 5; • Television Law - Law no. 32/2003 of 22 August as subsequently amended: article 24; • Advertising Code – Decree-Law no. 61/97 of 25 March – number 1 and number 2(d) as subsequently amended: article 7; • Law on Political Parties – Organic Law no. 2/2003 of 22 August – article 20; • Preventive and Punitive Measures to be taken in respect of Violent Actions at Sporting Events – Law no. 16/04 of 11 May – article 18(6); • Law on the Use and Carriage of Weapons – Law no. 22/97 of 27 June as subsequently amended; • Regulation on Conditions for Detention in Police Facilities – Ministerial Order of the Minister for Home Affairs no. 8684/99 of 20 April 1999 – 10.2; • Police Service Code of Conduct – Resolution of the Council of Ministers no. 37/2002 of 28 February – Articles 2, 3 and 7; • Law on International Judicial Cooperation in Criminal Matters – Law no. 144/99 of 31 August; article 6(b); • Legal System concerning Asylum and Refugees Law 15/98 of 26 March – number 2 of article 1. WHAT IS THE COMMITTEE FOR EQUALITY AND AGAINST RACIAL DISCRIMINATION (CICDR)? The CICDR is an independent body whose sole purpose is to combat racial discrimination; it is attached to the Office of the High Commissioner for Immigration and Intercultural Dialogue (ACIDI, I.P.) which provides logistic and technical support and premises for the operation of the Committee. 258 IMMIGRATION IN PORTUGAL The CICDR has regular quarterly meetings; under the terms of the law, it is constituted by the following: (a) The High Commissioner for Immigration and Intercultural Dialogue – who chairs the Committee; (b) Two representatives nominated by the National Assembly of the Republic; (c) Two Government representatives, to be nominated by the government departments responsible for employment, solidarity and social security, and education; (d) Two representatives of immigrant associations; (e) Two representatives of associations that combat racism; (f) Two representatives of the confederations of trade unions; (g) Two representatives of employer associations; (h) Two representatives of human rights associations; (i) Three other persons to be appointed by the remaining members. WHAT ARE THE MAIN FUNCTIONS OF THE COMMITTEE FOR EQUALITY AND AGAINST RACIAL DISCRIMINATION (CICDR)? The main functions of the Committee are: • To collect information concerning acts of discrimination; • The Standing Committee of the CICDR issues opinions on the penalties to be applied by the High Commissioner in infringement proceedings concerning acts of discrimination; • To recommend whatever legislative, regulatory and administrative measures it considers necessary for the prevention of discrimination; • To promote the conduct of studies and research on discrimination issues; Legal measures to combat racism 259 and xenophobia • To publicise, by all means available, known cases of actual infringements of the law; • To prepare an annual report on the situation of equality and racial discrimination in Portugal; DO THE COMMITTEE FOR EQUALITY AND AGAINST RACIAL DISCRIMINATION (CICDR) AND THE HIGH COMMISSIONER FOR IMMIGRATION AND INTERCULTURAL DIALOGUE HAVE SPECIFIC POWERS TO ACT IN ALL CASES INVOLVING DISCRIMINATION ON THE BASIS OF RACIAL OR ETHNIC ORIGIN? No, they do not. There are situations where these bodies do not have specific powers to act in relation to discriminatory practices. I) When the act of discrimination constitutes a crime of racial discrimination under the Criminal Code, the power to deal with the matter rests with the criminal authorities. Article 240 Racial discrimination 1 – Whoever: a) Creates or sets up an organisation or engages in organised propaganda activities that promote or incite racial discrimination, hatred or violence; or b) Participates in or assists such an organisation or activities, including the financing thereof, shall be liable to a term of imprisonment of 1 to 8 years. 2 – Whoever, in a public meeting, whether in a written form or through any type of media: a) Instigates acts of violence against an individual or group of individuals on account of their race, colour or ethnic origin; or b) Defames or harms an individual or group of individuals by reason of their race, colour or ethnic origin, with the intention of inciting or pro- 260 IMMIGRATION IN PORTUGAL moting racial discrimination, shall be liable to a term of imprisonment of 6 months to 5 years. II) Where the act that constitutes the infringement was committed concurrently with a crime or where, in relation to the same act, a person has to answer for a crime as well as for an infringement, the infringement proceeding shall be the responsibility of the criminal authorities. III) Where the act was committed within the context of access to employment or the performance of an employment contract or an equivalent contract, the power to deal with the case rests with the Authority for Labour Conditions (A.C.T.); WHAT ARE THE RIGHTS OF STATELESS PERSONS AND EUROPEAN CITIZENS UNDER THE CONSTITUTION OF THE PORTUGUESE REPUBLIC? Articles 13 and 15 of the Constitution of the Portuguese Republic provide as follows: Article 13 (Principle of equality) 1. All nationals have the same social rank and are equal before the law. 2. No person shall be privileged or favoured, or discriminated against, or deprived of any right or exempted from any duty, by reason of his or her ancestry, sex, race, language, territory of origin, religion, political or ideological convictions, education, economic situation or social circumstances. Article 15 (Foreign nationals, stateless persons, European citizens) 1. Foreign nationals and stateless persons temporarily or habitually resident in Portugal shall enjoy the same Legal measures to combat racism 261 and xenophobia rights and be subject to the same duties as Portuguese nationals. 2. Paragraph 1 does not apply to political rights, to the performance of public functions that are not predominantly technical or to rights and duties that, under this Constitution or the law, are restricted to Portuguese nationals. 3. Under the law and on the basis of reciprocity, nationals of Portuguese-speaking countries who have permanent residence in Portugal are granted rights that are not granted to other foreign nationals, except for access to the position of President of the Republic, President of the Assembly of the Republic, Prime-Minister, Presidents of the supreme courts or the right to serve in the armed forces or to be appointed to the diplomatic service. 4. Provided there is reciprocity, the law may grant to foreign nationals who reside in Portuguese territory the right to vote for, and stand for election as, members of local authority bodies. 5. Provided there is reciprocity, the law may also grant to nationals of the Member States of the European Union who reside in Portugal, the right to vote for, and stand for election as, Members of the European Parliament. WHAT ARE THE MAIN OBJECTIVES OF THE LAWS AGAINST RACIAL DISCRIMINATION? These laws aim to establish a legal framework for the combat against discrimination through the enforcement of the principle of equal treatment between persons irrespective of racial or ethnic origin. WHAT IS MEANT BY “THE PRINCIPLE OF EQUAL TREATMENT”? The principle of equal treatment means the absence of direct or indirect discrimination, or any form of harassment. 262 IMMIGRATION IN PORTUGAL WHAT IS RACIAL DISCRIMINATION? Racial discrimination means any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights, freedoms and guarantees, or of political, economic, social and cultural rights. WHAT IS DIRECT DISCRIMINATION? Direct discrimination shall be taken to occur where one person is treated less favourably than another is, has been or would be in a comparable situation on grounds of racial or ethnic origin. WHAT IS INDIRECT DISCRIMINATION? Indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons. WHAT IS THE MEANING OF HARRASSMENT? Harassment is a form of direct discrimination; it shall be considered discriminatory whenever an unwanted conduct related to racial or ethnic origin takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading or offensive environment. CAN INSTRUCTIONS BE REGARDED AS DISCRIMINATORY PRACTICES? An instruction to discriminate against persons on grounds of racial or ethnic origin shall be deemed to be discrimination, and therefore, constitutes a violation of the principle of equal treatment. WHAT IS THE MEANING OF “DISCRIMINATORY PRACTICES”? Under the law, discriminatory practices are any actions or omissions based on a person’s race, colour, nationa- Legal measures to combat racism 263 and xenophobia lity or ethnic origin that violate the principle of equal treatment. WHICH PRACTICES ARE CONSIDERED AS DISCRIMINATORY? The law specifies the following practices: a) Refusal to supply or impediment of the enjoyment of goods and services; b) Obstruction or restriction of access to an economic activity, or to the usual practice of that activity; c) Refusal to sell, rent or sub-let property, or the imposition of restraints in relation to the same; d) Refusal of access to public places or buildings; e) Refusal or restriction of the access to health care services provided at public or private health care institutions; f) Refusal or restriction of the access to public or private education institutions; g) Organisation of classes (or other internal organisation practices) at public or private education institutions according to racial discrimination criteria, except where such criteria are justified under the objectives set out in article 3(2) of Law no. 134/99 of 28 August; h) Use of any practice or measure by any body, civil servant or direct or indirect representative of the central Government, Autonomous Regions or municipal authorities that conditions or restricts the exercise of any right; i) A declaration or other communication made publicly, or with an intent to dissemination, by a natural or legal person and as a result of which, a group de persons has been threatened, insulted or lessened on grounds of racial discrimination. 264 IMMIGRATION IN PORTUGAL ARE THERE ANY CIRCUMSTANCES UNDER WHICH THESE TYPES OF BEHAVIOUR MAY NOT BE CONSIDERED AS DISCRIMINATORY? Behaviour which involves only one of the abovementioned practices may not be considered discriminatory where due to the nature of the activities carried out or the circumstances involved, this one practice constitutes an acceptable and essential requirement of those activities; in these cases, the objective must be legitimate and the requirement fair. WHAT PUNITIVE MEASURES ARE ESTABLISHED BY LAW TO DEAL WITH ACTS OF DISCRIMINATION? The practice of acts of discrimination constitutes an infringement punishable by fines (financial penalties) and ancillary penalties. Where the offender is a natural person the fine will be between one and five times the amount of the national monthly minimum wage. Where the offender is a legal person the fine will be between two and ten times the amount of the national monthly minimum wage. If the infringement is repeated, the minimum and maximum amounts will be twice the usual amounts. WHAT ARE THE ANCILLARY PENALTIES? The following ancillary penalties may apply: a) Publicising the decision; b) Public warning or criticism of the persons who committed the infringement; c) Loss of property belonging to the offender; d) Prohibition of the exercise of activities that depend on the issue of an official document or on the authorisation or approval by a public authority; e) Withdrawal of the right to grants and other finan- Legal measures to combat racism 265 and xenophobia cial aid allocated by public bodies or services; f) Withdrawal of the right to participate in fairs or markets; g) Withdrawal of the right to participate in adjudications and public tenders for public works contracts or public works concessions, public contracts for the provision of goods and services and issue of permits, licences or approvals; h) Closure of a business if it operates under a licence or permit issued by an administrative authority; i) Suspension of licences, permits and approvals. WHAT SHOULD I DO AND WHERE SHOULD I GO TO DENOUNCE DISCRIMINATORY PRACTICES? Any person or institution that is aware of a situation that may constitute an infringement should inform one of the following bodies: a) The member of Government responsible for equality of treatment issues; b) The Office of the High Commissioner for Immigration and Intercultural Dialogue (ACIDI, I.P.); c) The Committee for Equality and against Racial Discrimination; d) The Inspectorate-General with jurisdiction in this area. When the bodies referred to in paragraphs (a), (b) and (c) become aware of an infringement they must send the case to the Inspectorate-General with jurisdiction in the matter and the latter shall proceed to investigate the complaint. WHAT SHOULD I DO TO REGISTER A COMPLAINT? There are a number of options: I) Make use of the services of the Support Unit for Immigrant Victims of Racial or Ethnic Discrimination (UA- 266 IMMIGRATION IN PORTUGAL VIDRE)from the Portuguese Association for Support to Victims (APAV) to get assistance making the complaint official and sending it on to the relevant bodies. The mission of the APAV unit is to provide emotional, legal, psychological, social and practical support to immigrant victims of crimes and of racial or ethnic discrimination; the support provided is personalised, qualified, confidential and free of charge. The unit is located in Lisbon but has power to intervene at national level. Contacts: Rua José Estêvão no. 135 A, piso 1 1150-201 Lisboa Tel: 21. 358 79 00 Tel. Direct Line: 707 20 00 77 – 10:00-13:00 and 14:00 to 17:00 Fax: 21. 8876351. http://www.apav.pt E-mail: [email protected] II) Complete the complaint form available at the CICDR website, www.cicdr.pt and send it by email to the following address: [email protected]; III) Use the model form on page 271 of this chapter and send it to the Committee for Equality and against Racial Discrimination, at Rua Álvaro Coutinho, n.º14-16 1150-025 Lisboa; IV) Go to any police station to register the complaint, and request that it be sent to one of the abovementioned bodies. DOES THE REGISTRATION OF A COMPLAINT INVOLVE SPECIAL REQUIREMENTS? Yes, it does. As there are minimum requirements, we suggest you contact and make use of the confidential free services of the Support Unit for Immigrant Victims of Racial or Ethnic Discrimination (UAVIDRE) - already Legal measures to combat racism 267 and xenophobia identified on this page; the unit provides specialised support to immigrant and racial discrimination victims. If you want to register your complaint directly, we suggest that you examine the model form on page 271, also available at www.cicdr.pt and at www.acidi.gov.pt. • Identification (surname, first name, Identity Card number, tax number, full address, phone numbers and other details, e.g. email); • An account of the facts, clearly expressed; • List of witnesses (names, identity card numbers, addresses, contacts, phone numbers, email); • Your assessment of the damage to property and/or moral damages that you consider resulted from the discriminatory act. Please note that to obtain compensation for moral and/or property damage, it is necessary to initiate a legal action before the Courts against the person who committed the discriminatory practices. Important note: Before making your complaint official (and especially where recurrent acts are involved), you should carefully record the occurrence of the acts that you consider discriminatory, namely: dates, locations, persons involved, witnesses, relevant circumstances, identification of any other parties who may be interested in registering a complaint, etc. You should also bear in mind the following: • Normally, acts of discrimination are not easy to prove, but the absence of witnesses should not, by itself, discourage you from registering a complaint; • Under the law, the person who alleges being a victim of discrimination has the onus of proving the case by presenting the facts that establish discrimination. • The other party must show that the different ways the person was treated were not based 268 IMMIGRATION IN PORTUGAL on any form of discrimination; • Organisations which, according to their rules, were established to uphold non-discrimination on the grounds of racial or ethnic origin have the legal capacity to represent or assist the complainant (with his approval) in the conduct of the relevant legal proceedings. IN ADDITION TO REGISTERING A COMPLAINT, IS THERE ANYTHING ELSE I CAN DO? It is also recommended that, as regards incidents which occurred at public facilities or institutions, you register your grievance in the Book of Complaints (the Yellow Book). WHAT DO I NEED TO DO TO OBTAIN COMPENSATION FOR DAMAGES DUE TO A DISCRIMINATORY PRACTICE? The application of a fine or ancillary penalty as a result of infringement proceedings for discriminatory practices based on racial or ethnic origin does not exclude a possible civil action against the offender. However, the victim must initiate legal proceedings before a Court and request that the offender be found responsible and be ordered to pay compensation for the resulting moral and/or material damages. CAN I COMPEL THE OFFENDER TO CARRY OUT THE ACT THAT HE REFUSED TO CARRY OUT ON RACIAL DISCRIMINATION GROUNDS? Where the infringement results from the failure of a duty, the application of a penalty and the payment of a fine do not relieve the offender from the carrying out of that duty, where that is still possible. WHAT ARE THE NORMAL PROCEDURES, AFTER A COMPLAINT IS REGISTERED? The file will be sent to the appropriate InspectorateGeneral (Inspectorate-General for Home Affairs, Ins- Legal measures to combat racism 269 and xenophobia pectorate-General for Health, etc), for the production of evidence. At the end of this investigation (of the complaint), the Inspectorate-General shall deliver a final report setting out its conclusions as to the evidence provided. This report will be sent to the Standing Committee of the CICDR which issues opinions on the sanctions to be decreed by the High Commissioner for Immigration and Intercultural Dialogue, who is ex officio the CICDR President. This decision is subject to the right to appeal to the courts, if the offence is found proved, or the right of review before a higher authority, if the decision is to close the investigation. IMMIGRATION IN PORTUGAL 270 USEFUL CONTACTS Committee for Equality and Against Racial Discrimination Rua Álvaro Coutinho, 14, 1150-025 Lisboa Tel. 218 106 100 | Fax. 218 106 117 Email: [email protected] Site: www.cicdr.pt National Centre for Assistance to Immigrants (Lisbon) Rua Álvaro Coutinho, 14, 1150-025 Lisboa Tel. 218 106 100 | Fax. 218 106 117 SOS Immigrant Line Telephone: 808 257 257 (From Monday to Saturday, from 08:30h to 24:00). UAVIDRE Rua José Estêvão, 135 A, piso 1, 1150-201 Lisboa Tel: 213 587 900 Tel. Direct Line: 707 200 077 – 10:00-13:00 and 14:00 to 17:00 Fax: 218 876 351 Email: [email protected] Site: www.apav.pt LINKS http://www.acidi.gov.pt/ http://www.portugal.gov.pt/Portal/PT www.gnr.pt www.psp.pt www.policiajudiciaria.pt http://www.apav.pt Legal measures to combat racism 271 and xenophobia COMPLAINT FORM Dear Sir/Madam President of the Committee for Equality and against Racial Discrimination; Full name .................................................................................. .................................................................................................... Marital status .................................................................................................... Profession .................................................................................................... .................................................................................................... ID Card no. ............................................, issued by the Civil Status Service of .................................................................... Taxpayer No. ........................................................................... Or Passport issued by . ............................................, no. …....... Telephone no. ......................................................................... Email: ........................................................................................ Wishing, under the terms of article 12(c) of Law no. 18/2004 of 11 May, to inform you that at ..... (time) on (day)........(month) ........................2007, in (street) . ..........................................................., in (city or town) ........................, an act of discrimination was committed by an individual ........................................ / company................................................... / Association .............. ......................, known as ......................................................, address .................................................................................., in the following manner: .................................................................................................... .................................................................................................... .................................................................................................... Witnesses to the fact Name / profession / address / telephone number: .................................................................................................... .................................................................................................... Date .................................................................................................... Signatures .................................................................................................... .................................................................................................. 272 Imigração em portugal aciDI, i.p. INTRODUCTION The High Commission for Immigration and Intercultural Dialogue, I.P. (ACIDI, I.P.) was initially created by Decree-Law no. 202/2006 of 27 October, which approved the organic law of the Presidency of the Council of ministers and merged the High Commission for Immigration and Ethnic Minorities, the technical support structure for the coordination of the Escolhas (Choices) Programme, the structure of the mission for dialogue with religions and the Entreculturas Secretariat. It is now a public institute that functions under the auspices and tutelage of the Prime Minister or of another member of the Government who is part of the Presidency of the Council of Ministers. It has as its fundamental attribute, among others, the promotion of the welcoming and integration of immigrants and ethnic minorities in Portugal (see article 3). For more information, please see Organic Law (Decree-Law no. 167/2007) and/or contact: ACIDI, I.P. Rua Álvaro Coutinho, nº 14 1150-025 Lisbon Tel: 21 810 61 00 Fax: 21 810 61 17 E-mail: [email protected] http://www.acidi.gov.pt 273 274 IMMIGRATION IN PORTUGAL Decree-Law No. 167/2007 of 3 May Within the context of the guidelines established by the Programme for Restructuring of the Central Public Administration (PRACE) and the objectives of the Programme of the Seventeenth Government regarding modernization of the administration and improvements to the quality and efficiency of public services, it became necessary to give effect to the structural rationalization measures set out in Decree-Law No. 202/2006 of 27 October (which implements the organic law of the Presidency of the Council of Ministers) by defining the organizational model of the services included in the structure. The Office of the High Commissioner for Immigration and Intercultural Dialogue (ACIDI) results from a merger of the former Office of the High Commissioner for Immigration and Ethnic Minorities (ACIME), the technical body providing co-ordination support to the CHOICES Programme (ESCOLHAS), the Coordinating Body for Dialogue between Religions and the Intercultural Secretariat (Secretariado Entreculturas). Through this restructure, the Government brings together (into a single body) a number of functions that were previously spread out among various bodies. This new body combines a range of resources and specialised skills to better face the challenges ahead. This initiative demonstrates the Government’s commitment to strengthen services for the reception and integration of immigrants, and to increase effectiveness in the promotion of intercultural and interreligious dialogue. The process began in 1996 with the establishment of the Office of the High Commissioner for Immigration and Ethnic Minorities (by Decree-Law No. 3-A/96 of 26 January). The objectives now are to promote consultation and dialogue between the bodies representing immigrant communities and ethnic minorities in Portugal, as well as to conduct studies on the integration of immi- aciDI, I.P. 275 grants and ethnic minorities in cooperation with social partners, social solidarity institutions and other public and private bodies working in the area. At the same time, the CHOICES Programme, created in 2001 with a three-year mandate, has seen successive extensions and additions to its resources. It is now considered an essential programme in the policy area of social inclusion of children and youth from vulnerable socio-economic backgrounds. Similarly, the work of the Intercultural Secretariat has proved effective in developing educational policies for promoting the values of intercultural dialogue and respect and for promoting diversity within the education system. Lastly, the merger of the Coordinating Body for Dialogue between Religions with ACIDI highlights the importance of the work carried out to promote interreligious dialogue and tolerance of diversity within Portuguese society. Therefore, in accordance with Article 9 (1) of Law no. 3/2004 of 15 January, and under Article 198 (1) (a) of the Constitution, the Government decrees: Article 1 Nature of the Organisation 1 – The Office of the High Commissioner for Immigration and Intercultural Dialogue, hereafter known as ACIDI, I. P., shall be a public body within the indirect public administration and shall have administrative autonomy. 2 – ACIDI, I. P. shall exercise powers of the Presidency of the Council of Ministers, under the supervision and guidance of the Prime Minister or any other member of the Government belonging to the Presidency of the Council of Ministers. 276 IMMIGRATION IN PORTUGAL Article 2 Jurisdiction and Headquarters ACIDI, I. P. shall be a central body with jurisdiction over the whole of national territory and shall have its headquarters within the Council of Lisbon. Article 3 Mission and Duties 1 – The mission of ACIDI, I. P. shall be to collaborate in the creation, implementation and evaluation of sector, crosscutting and public policies concerned with the integration of immigrants and ethnic minorities, as well as to promote dialogue between the various cultures, ethnic groups and religions. 2 – ACIDI, I. P. shall have the following duties: (a) To promote the reception and integration of immigrants and ethnic minorities through participation in the creation, development and coordination of crosscutting, integrated, coherent public policies; (b) To foster the civic and cultural participation of immigrants and ethnic minorities in Portuguese institutions, directly and indirectly, through their representative associations, consistent with the full expression of their citizenship; (c) To ensure that immigrants and ethnic minorities have access to relevant information, namely concerning citizenship rights and obligations; (d) To fight all forms of discrimination based on race, colour, nationality, ethnic origin or religious belief, through positive awareness campaigns, education and training actions, as well as through the prosecution of breaches of the law; (e) To promote interculturality through intercultural and interreligious dialogue based on respect aciDI, I.P. 277 for the Constitution and the law, and to foster cultural diversity based on mutual respect; (f) To encourage the immigrant support centres (at the national, regional and local levels) to coordinate the response of the various public services to the reception and integration needs of the immigrant, namely through partnerships with relevant Government departments, with local authorities, NGOs, immigrant associations and any other relevant bodies; (g) To contribute to the improvement of the living and working conditions of immigrants in Portugal, in order to facilitate their integration with dignity, and on an equal-opportunity basis with all Portuguese nationals; (h) To encourage immigrants to learn the Portuguese language and to gain knowledge of the Portuguese culture so that they may integrate better into Portuguese society; (i) To promote initiatives by the civil society which aim to welcome and integrate immigrants and ethnic minorities in Portugal; (j) To foster public awareness campaigns and the undertaking of studies on immigration, ethnic minorities, intercultural dialogue and interreligious dialogue; (l) To promote the social inclusion of children and youth from vulnerable socio-economic backgrounds, in particular the descendants of immigrants and ethnic minorities, so as to ensure equal opportunity and the strengthening of social cohesion – and thus, ensuring the objectives of the Choices Programme; (m) To foster dialogue with religions through knowledge of the different cultures and religions, and by encouraging an attitude of mutual respect and love for diversity, both within Portuguese territory and in the relationships that Portugal has with the rest of the world. 278 IMMIGRATION IN PORTUGAL 3 – All public administration services, bodies and other entities are under an obligation to cooperate with ACIDI, I. P. in the discharge of its functions. Article 4 Structure 1 – ACIDI, I. P. shall be headed by the High Commissioner for Immigration and Intercultural Dialogue, hereafter known as the High Commissioner, whose status, remuneration and office are deemed to be equivalent to that of an Under-Secretary of State. 2 – The High Commissioner shall be assisted by a Director, at senior executive level 2. Article 5 The High Commissioner for Immigration and Intercultural Dialogue 1 – Without prejudice to any power conferred upon him by law or under delegation, the High Commissioner shall have the power to: (a) Exercise all powers pertaining to the position of senior executive level 1, as set out in Article 7 of Law no. 2/2004 of 15 January; (b) Represent ACIDI, I. P. at the national and international levels; (c) Coordinate and preside over the Advisory Council on Immigration; (d) Coordinate and preside over the Committee for Equality and against Racial Discrimination. 2 – The High Commissioner shall be appointed and removed from office by the Prime Minister; the term of the appointment is three years. 3 – The provisions of Decree-Law no. 262/88 of 23 of July and any other legislation that applies to the Offices aciDI, I.P. 279 of Government members shall also apply to the Office of the High Commissioner. 4 – The Director shall exercise the powers delegated to him by the High Commissioner and shall assume his duties during his absence for any reason. Article 6 Advisory Council on Immigration 1– The Advisory Council on Immigration, hereafter known as the Advisory Council, works together with ACIDI, I. P. to ensure that associations representing immigrants, social partners and social solidarity institutions participate and cooperate in the elaboration of policies related to social integration and the fight against exclusion. 2 – The Advisory Council is composed by: (a) The High Commissioner, as the President; (b) A representative from each of the Portuguesespeaking immigrant communities, as nominated by the relevant associations, provided that the representative is accepted by the High Commissioner; (c) A representative from each of the three immigrant communities with the highest population, not including the communities referred to in paragraph (b), as nominated by the relevant associations, provided that the representative is accepted by the High Commissioner; (d) A representative of the associations that do not fall within paragraphs (b) and (c), as nominated by the relevant associations, provided that the representative is accepted by the High Commissioner; (e) A representative of private social solidarity organisations; (f) Two representatives of organisations working with immigrants, nominated by the High Commissioner; 280 IMMIGRATION IN PORTUGAL (g) Two representatives of employer associations and two representatives of trade union associations who sit in the Economic and Social Council; (h) Two citizens with recognised standing merit as nominated by the High Commissioner; (i) A representative of the Government member in charge of matters pertaining to Immigration and the Portuguese communities; (j) A representative of the Government member in charge of Internal Affairs; (l) A representative of the Government member in charge of Economic Affairs; (m) A representative of the Government member in charge of Labour and Social Solidarity; (n) A representative of the Government member in charge of Education; (o) A representative of the Regional Government of Azores; (p) A representative of the Regional Government of Madeira; (q) A representative of the National Association of Portuguese Municipalities. 3 – The organisations, associations and communities sitting in the Advisory Council shall nominate a full member and an alternate member. 4 – The Advisory Council may, on its own initiative or under request from the High Commissioner: (a) Issue an opinion on any legislative proposal concerning immigrant rights; (b) Participate in the elaboration of social integration policies aimed at eliminating discrimination and promoting equality; (c) Participate in the definition of measures and actions aimed at improving the living conditions of immigrants, and monitor their implementation; (d) Take actions to defend immigrant rights concerning identity and culture, and draft proposals for aciDI, I.P. 281 the improvement of those rights; (e) Exercise any other function entrusted to it by law. 5 – The Advisory Council shall meet once every three months and extraordinarily when called upon to do so by its President. 6 – The members of the Advisory Council shall serve for a term of three years, renewable for another three years, but the term shall cease if the member is no longer considered a representative of the body that nominated him. 7 – Upon request by the President, representatives and officials from Government departments or any other public or private bodies, as well as any citizen whose evidence or contribution may be deemed relevant to the activities of the Council, may take part in Advisory Council meetings. 8 – The mandate of Advisory Council members is served pro bono and no fees shall be paid for attending meetings. Article 7 Committee for Equality and against Racial Discrimination 1 – The Committee for Equality and against Racial Discrimination operates under ACIDI, I. P. and has the powers conferred upon it by Law no. 134/99 of 28 August and Law no. 18/2004 of 11 May. 2 – The members of the Committee for Equality and against Racial Discrimination shall serve for a term of three years, renewable for the same period, but the term shall cease if the member is no longer considered a representative of the body that nominated him. 282 IMMIGRATION IN PORTUGAL 3 – The committee representatives referred to in Articles 6 and 7 of Law no. 134/99 of 28 August shall perform their duties free of charge. Article 8 Internal Administration The internal administration of ACIDI, I. P. shall be carried out in accordance with its articles of association. Article 9 Executive Staff Regulations 1 – The framework law for public bodies and where relevant, the regulations governing senior executives of the public service shall apply to the holders of senior executive positions. 2 – The specific provisions of individual work contracts shall apply to middle management positions. Article 10 Staff Regulations The specific provisions of individual work contracts shall apply to ACIDI general staff. Article 11 Revenues 1 – ACIDI, I. P. shall be entitled to the revenues allocated to it under the National Budget. 2 – ACIDI, I. P. may derive income from its own pursuits, as follows: (a) Fees charged for work or services rendered by ACIDI, I. P., within the scope of its duties; (b) Amounts received from sales or subscriptions of publications issued or distributed by ACIDI, I. P.; aciDI, I.P. 283 (c) Funds transferred to ACIDI, I. P. by national, regional or international bodies; (d) Contract payments provided for in annual and multi-annual programmes entered into with public or private bodies for the purpose of carrying out activities within the scope of ACIDI, I. P.’s mandate; (e) Moneys received as donations, inheritances or testamentary gifts; (f) Moneys paid as subsidies or grants by any public entity or private person to ACIDI, I.P.; (g) Any other revenues granted to ACIDI under law, by contract or by any other legal means. Article 12 Expenses The expenses of ACIDI, I. P. shall be all those expenses that are connected to the performance of its duties, namely: a) Technical and financial support provided to immigrant associations who implement programmes, projects and/or actions under Law no. 115/99 of 3 August; b) Expenses related to the funding of protocols, for the purposes of carrying out its duty as a sociocultural mediator, in accordance with Law no. 105/2001 of 31 August; c) Financial support provided to national and foreign organisations whose purpose, project or studies fall within the scope of ACIDI’s duties; d) Expenses incurred under the Choices Programme. Article 13 Assets The assets of ACIDI, I. P. shall include all of its property, rights and obligations. 284 IMMIGRATION IN PORTUGAL Article 14 Internal Regulations The ACIDI, I. P. internal regulations shall be submitted for approval, in accordance with article 41 (4) (a) of Law no. 3/2004 of 15 January, to the Minister in charge and to the Minister for Finance, no later than 90 days after the entry into force of this Decree-Law. Article 15 Succession 1 – ACIDI, I. P. shall inherit the duties and powers of the Office of the High Commissioner for Immigration and Ethnic Minorities. 2 – ACIDI, I. P. shall inherit the objectives of the technical body providing co-ordination support to the CHOICES Programme, the Coordinating Body for Dialogue between Religions and the Intercultural Secretariat, all of which shall cease to exist. Article 16 Staff Selection Criteria For the purposes of article 13 (2) of Law no. 53/2006 of 7 December, the following general and abstract criteria shall be used for the purposes of selecting staff to carry out the duties of ACIDI, I. P. referred to in article 3: a) Performance of duties at the technical body providing co-ordination support to the CHOICES Programme; b) Performance of duties at the Intercultural Secretariat; c) Performance of duties at the Coordinating Body for Dialogue between Religions. aciDI, I.P. 285 Article 17 Transitional Provisions 1 – The term of the High Commissioner for Immigration and Ethnic Minorities is preserved and from hereon, he shall discharge the functions entrusted to the High Commissioner for Immigration and Intercultural Dialogue. 2 – Without prejudice to the provisions of Decree-law no. 262/88 of 23 July, all appointments and secondments to the Office of the High Commissioner for Immigration and Intercultural Dialogue existing at the date of entry into force of this Decree-Law shall continue to exist until the end of the term of the High Commissioner. Article 18 Financial Structure of the Choices Programme ACIDI I.P. shall have administrative and financial autonomy but this is limited to the management of the Choices Programme and similar programmes that are funded with Community or international resources. Article 19 Repeal Provisions The following are hereby repealed: (a) Decree-Law no. 251/2002 of 22 November; (b) Legislative Order no. 5/2001 of 1 February; (c) Resolution of the Council of Ministers no. 4/2005 of 6 January; (d) No. 16 only of the Resolution of the Council of Ministers no. 80/2006 of 26 June. Article 20 Entry into force This Decree-Law shall enter into force on the first day of the month following that of its publication. 286 IMMIGRATION IN PORTUGAL Approved at the Council of Ministers on 1 March. – José Sócrates Carvalho Pinto de Sousa – António Luís Santos Costa – Fernando Teixeira dos Santos – Manuel Pedro Cunha da Silva Pereira – Manuel António Gomes de Almeida Pinho – José António Fonseca Vieira da Silva – Maria de Lurdes Reis Rodrigues. Promulgated on 12 April 2007. To be published. The President of the Republic, ANÍBAL CAVACO SILVA. Endorsed on 16 April 2007. The Prime Minister, José Sócrates Carvalho Pinto de Sousa. aciDI, I.P. 287 ACIDI SERVICES NATIONAL IMMIGRANT SUPPORT NETWORK The purpose of this network is to create services at the local, regional and national levels to assist the integration of immigrants. It consists of the following projects: NATIONAL IMMIGRANT SUPPORT CENTRE CNAI was established to provide a coherent response to the questions raised by immigrants in Portugal. Its headquarters are in Lisbon and it has a delegation in Oporto. Within the CNAI premises, you will find several bodies and offices that are there to answer the questions raised by immigrants. These are: • Foreign Nationals and Border Control Service (Serviço de Estrangeiros e Fronteiras) • Social Security (Segurança Social) • Ministry of Education (Ministério da Educação) • Ministry of Health (Ministério da Saúde) • Authority for Labour Conditions (Autoridade para as Condições de Trabalho) • Central Registry (Conservatória dos Registos Centrais) • Legal Aid for Immigrants Office (Gabinete de Apoio Jurídico ao Imigrante) • Family Reunification Support Office (Gabinete de Apoio ao Reagrupamento Familiar) • Social Support Office (Gabinete de Apoio Social) • Nationality Support Office (Gabinete de Apoio à Nacionalidade) • Employment Support Office (Gabinete de Apoio ao Emprego) • Housing Support Office (Gabinete de Apoio à Habitação) • Technical Support for Immigrant Associations Office (Gabinete de Apoio Técnico às Associações de Imigrantes) 288 IMMIGRATION IN PORTUGAL The Lisbon CNAI is open since March 2004 and provides various support infrastructures (a Space for Children, Bank Agency, Exhibition Room, Performance Space etc) as well as a Cultural Events Service which organises cultural activities within the CNAI premises. LOCATIONS Lisbon CNAI: Rua Álvaro Coutinho, 14 1150-025 Lisboa Tel.: 21 810 61 00 / Fax: 21 810 61 17 Opening hours: Monday to Friday, 8:30 - 16:30 Oporto CNAI: Rua do Pinheiro, 9 4050-484 Porto Tel.: 22 207 38 10 / Fax: 22 207 38 17 Opening hours: Monday to Friday, 8:30 - 16:30 LEGAL AID FOR IMMIGRANTS OFFICE (GAJI) This Office provides legal advice and assistance to immigrants concerning their rights and obligations. It has several lawyers and aims to provide quality services while focusing on the needs of the immigrant. The main issues dealt with are questions about legal status inside national territory, labour law and claims and representations. The service is available in Lisbon and Oporto. FAMILY REUNIFICATION SUPPORT OFFICE (GARF) GARF assists immigrants with family reunification and reunion by providing information, motivation and structure, counselling and contacts. It operates in Lisbon and Oporto. SOCIAL SERVICES OFFICE (GAS) GAS provides assistance to immigrants who are living under very difficult conditions. GAS works in close cooperation with various organisations working in the social services area. Located in Lisbon and Oporto. aciDI, I.P. 289 EMPLOYMENT SUPPORT OFFICE (GAE) The Employment Support Office helps immigrants to find work and/or set up a business through its UNIVA and Entrepreneurship capacities, as a result of partnerships formed with the Institute for Employment and Vocational Training (IEFP) and the National Association for the Right to Credit (ANDC) respectively. The Office operates in Lisbon and Oporto. HOUSING SUPPORT OFFICE (GAH) GAH assists immigrants to find housing by providing useful, practical and reliable information. The service is available only in Lisbon. NATIONALITY SUPPORT OFFICE The Nationality Support Office is exclusively concerned with the new legal framework for the acquisition, grant and loss of Portuguese nationality. It also provides internal support to the Reception and Triage Office and conducts external training in the area of nationality. TECHNICAL SUPPORT FOR IMMIGRANT ASSOCIATIONS OFFICE This Office is integrated with the National Centres for Assistance to Immigrants and in particular, aims to assist with the organisation, implementation and evaluation of the initiatives to be developed by the Immigrant Associations. LOCAL SUPPORT CENTRES FOR THE INTEGRATION OF IMMIGRANTS (CLAII) There are already 68 CLAII spread throughout the country. These centres provide a customised service to answer enquiries related to immigration, legalisation of status, nationality, family reunification, housing, employment, social security, voluntary return, health, education, and entrepreneurship. To find the most convenient address for you, please go to the Internet site www.acidi.gov.pt or call the SOS Immigrant Line on 808 257 257 (when calling from a land line) or 218 106191 (when calling from a mobile). 290 IMMIGRATION IN PORTUGAL NATIONAL INFORMATION NETWORK FOR IMMIGRANTS The main purpose of this network is to help ensure the proper integration of immigrants. This will be achieved by providing the necessary information to Portuguese society in general and immigrant communities in particular. The network encompasses the following projects: NEWSLETTER ACIDI, I.P. publishes a monthly newsletter with news, information, good practices, interviews, comments and successful cases of immigrant and ethnic minority integration. This Newsletter has a print run of 6000 copies. Its main readers are immigrant associations and opinion leaders of the various communities living in Portugal. CNAI NEWSLETTER The National Immigrant Support Centre Newsletter (CNAI Newsletter) follows a philosophy of mediating between the Centre itself and immigrant citizens resident in Portugal. In order to realise this objective, in every edition the most important services at the CNAI, and those that contribute to a large extent to better integration among immigrant citizens in Portuguese society, are featured. Together with these features, the latest news in relation to the theme of immigration in Portugal is covered, in order to provide the reader with an up-to-date overview on this theme. Furthermore, in order to bring the decision-making organisations of our country closer to immigrant citizens, the CNAI Newsletter features reports, interviews and coverage of relevant events. ASSORTED PUBLICATIONS ACIDI, I.P. also issues leaflets on specific subjects, translated into three foreign languages, as well as publications concerned with research, intercultural education, the fight against racism, ethnic minorities etc. You can aciDI, I.P. 291 access these publications at www.acidi.gov.pt and/or request them by: fax on 21 8106117, or e-mail at [email protected]. SOS IMMIGRANT LINE – 808 257 257 / 21 810 61 91 The SOS Immigrant Line is a call centre dedicated to immigrants and organisations working with immigrants (Associations, NGOs, Trade Unions, Parishes, and Municipalities). This service is available in several languages: (Portuguese, Creole - of Santiago and of São Vicente, Cabo Verde - English, French, Spanish, Russian, Ukrainian, Byelorussian and Romanian). SOS Immigrant operates on a Blue Line (local call cost over the whole country). Mobile networks have access on 21 810 61 91 (full cost borne by the user). Opening hours: Monday to Friday from 8:30h to 24:00. INTERNET At www.acidi.gov.pt you can find up-to-date information on the projects of ACIDI, I.P., as well as news, events and legislation of interest to the migrant communities in Portugal. You can also access FAQs and information booklets, in three foreign languages. On the ACIDI site you can also submit news, ask questions, publicise events and participate in opinion polls. To get access to publications on the subject of Immigration and Inter-cultural Dialogue please consult the Immigration Observatory’s own site at www.oi.acidi.gov.pt. THE “NÓS” (WE) TELEVISION PROGRAMME This television programme is a weekly one hour magazine show (with daily broadcasts of 20 minutes throughout the week) on the theme of immigration and is particularly concerned with the reception and integration of those communities that chose Portugal as the country to welcome them. 292 IMMIGRATION IN PORTUGAL “We” aims to create an information bridge to the civil society by presenting interviews and debates on current subjects, as well as information on the rights and obligations of immigrant citizens; by creating connections with immigrant associations and civil society and public administration services; and by giving expression to the cultural and social richness that these various communities bring to our country, through their life stories, cuisine, sports, culture etc. Broadcast: Sundays at 10:00 / Monday to Friday at 6:05 on RTP 2. RADIO PROGRAMME “Gente como Nós” (People Like Us) is a 20-minute weekly broadcast on TSF that presents the life stories of immigrants living and working in Portugal. The programme aims to raise public awareness on issues related to reception and integration. Besides “life stories”, “People like us” also presents useful information for immigrants living in Portugal. Broadcast: Sundays at 13:35 This broadcast may also be heard on the Internet at http://tsf.sapo.pt/ aciDI, I.P. 293 USEFUL CONTACTS ACIDI, I.P. Office of the High Commissioner for Immigration and Intercultural Dialogue Headquarters: Lisboa Rua Álvaro Coutinho, 14 1150-025 Lisboa Tel.: 218 10 61 00 Fax: 218 10 61 17 E-mail: [email protected] Internet: www.acidi.gov.pt www.oi.acidi.gov.pt SOS IMIGRANTE LINE: 808 257 257 - when calling from a land line (local call cost over the whole country). 21 810 61 91 - when calling from a mobile (full cost borne by the user). TELEPHONE INTERPRETER SERVICE (STT) Free Access to the interpreter service in 60 languages, on the SOS Immigrant Line: 808 257 257 (local call cost over the whole country for calls from a land line) or 21 810 61 91 (full cost borne by the user for calls from a mobile). Available: working days between 10:00 and 18:00 NATIONAL IMMIGRANT SUPPORT CENTRE Lisbon: Rua Álvaro Coutinho, 14 1150-025 Lisboa Tel.: 21 810 61 00 I Fax: 21 810 61 17 Opening hours: Monday to Friday from 8:30 to 16:30 294 IMMIGRATION IN PORTUGAL CLAII (CENTROS LOCAIS DE APOIO À INTEGRAÇÃO DE IMIGRANTES) Albufeira Rua da Oliveira n.º 57, Quinta da Palmeira 8200 Albufeira Tel: 289 570 734 Fax: 289 570 736 [email protected] Seg. a Sex: 9h-15h Alenquer Calçada Francisco Carmo, Casa da Torre nº 33 2580-306 Alenquer Tel: 263 730 903 Fax: 263 733 334 [email protected]; [email protected] 2ª: 13h-17h; 6ª: 9h-13h; 4ª: 13h-17h ( J.F.Carregado) Almada - Costa de Caparica Avenida 1º de Maio—Igreja Matriz de Costa de Caparica 2825 Costa de Caparica Tel: 212 913 411 / 212 919 530 Fax: 212 911 473 [email protected] 2ª, 3ª, 6ª: 10h30 - 13h30; 4ª e 5ª: 14h30-17h00 Marcações Prévias: Sorriso - Rua Holbeche Castelo Branco ou por telefone 212911473 Almada - Monte de Caparica Paróquia de São Francisco Xavier, na Rua das Quintas, nº 7-11 2825-171 Caparica Tel: 212 955 604 / 212 940 947 Fax: 212 940 947 [email protected] 2ª, 3ª e 6ª: 14h30 - 17h00; 4.ª e 5ª: 10h30 - 13h30; aciDI, I.P. 295 Alvaiázere Rua Dr Manuel Ribeiro Ferreira nº11 3250-113 Alvaiázere Tel: 236 650 160 Fax: 236 650 169 [email protected] Seg a Sex: 9.00 - 13.00, 14.00 - 17.00 Amarante Rua Dr. Mário Monterroso - Ap. 17 4600-074 Amarante Tel: 255 431 048 Fax: 255 422 050 [email protected] 2ª: 20h00-22h00; 4,ª e 6.ª: 9h00-12h30 e 13h30-19h30; Sáb: 9h00-13h00 Angra do Heroísmo (Açores) Rua do Desterro, n.º 51 9700-000 Angra do Heroísmo Tel: 295 213 139 Fax: 295 215 074 [email protected] 2.ª a 6.ª: 14h00 - 18h00 Aveiro Av. Lourenço Peixinho, 15, 1.º Andar, Fracção B 3800-164 Aveiro Tel: 234 188 302 Fax: 234 188 297 [email protected] 2.ª, 3.ª, 5.ª e 6.ª: 9h30-13h00 e 14h00-17h00; 4.ª: 9h30-13h00 e 14h00-19h30 Azambuja Divisão de Saúde e Acção Social - Pátio do Valverde 2050-000 Azambuja Tel: 263 400 491 Fax: 263 400 490 [email protected] 4ª - 9.00 - 13.00 - 14.30 - 17.30 296 IMMIGRATION IN PORTUGAL Barreiro Rua Stinville, nº 14 - Bairro da Cuf 2830 Barreiro Tel: 212 068 000/ 212 068 287 Fax: 212 148 875 / 212 068 001 [email protected]; apolonia.teixeira@ cm-barreiro.pt 2ª a 6ª: 9.00 - 12.30h; 14.00 - 17.30h Beja R. Afonso Lopes Vieira, nº13 7800-273 Beja Tel: 284 324 500 Fax: 284 324 527 [email protected] 2.ª - 6.ª: 9.30 -13 h; 14 -17.30 h Bombarral Av. Inocêncio Cairel Simão 2540-003 Bombarral Tel: 262 605 667 Fax: 262 604 482 [email protected] 2ª a 6ª: 09.30 às 14.30h Braga Rua Dr Francisco Machado Owen, n.º 146, R/C 4710-452 Braga Tel: 253 271 185 Fax: 253 271 114 [email protected]; soniadiz@cruzvermelha. org.pt 2.ª a 6.ª: 9.30 – 13.00; 14.30 – 18.00 Cadaval Pátio do Município 2550-118 Cadaval Tel: 262 690 183 / 262 690 100 Fax: 262 695 064 [email protected] 2ª a 6ª: 9h – 16h aciDI, I.P. 297 Castanheira de Pêra Rua Silva Bernardes, r/c 3280 Castanheira de Pêra Tel: 236 438 664 Fax: 236 438 665 [email protected] 2ª a 6ª 9.00 - 12.30 - 14.30 - 16.30 Castelo Branco Rua da Fonte Nova, n.º 1, Quinta da Fonte Nova, r/c dt.º 6000-167 Castelo Branco Tel: 272 324 950 Fax: 272 320 673 [email protected] 2ª a 6ª: 10h-13h00; 14h-16h00 Chaves Edificio Inditrans, Av. Da Cooperação, Parque empresarial. Lt A1,nº2 5400-673 Outeiro Seco - Chaves Tel: 276 928 101 / 276 340 920 Fax: 276 340 929 [email protected]; [email protected] 2ª a 6ª: 9.00-12.30 e 14.00-17.30 Coimbra Casa Paroquial de S. José - Rua Júlio Dinis 3030-320 Coimbra Tel: 239 718 858 Fax: 239 403 627 [email protected] 2ª e 4ª - 9.30 - 12.30, 18.30 - 20,30, 3ª e 5ª - 14.30 18.00 Coruche Rua de S. Francisco, n.º 8 A 2100-121 Coruche Tel: 243 660 047 Fax: 243 675 752 [email protected] 2ª a 6ª: 9.00 - 12.30: 14.00- 17.30 298 IMMIGRATION IN PORTUGAL Évora Avenida dos Combatentes da Grande Guerra nº 2 7005-138 Évora Tel: 266 739890 Fax: 266 739 898 [email protected] 2ª a 6ª: 9.00 - 12.30: 14.00- 17.30 Estremoz Rua da Cruz Vermelha n.º 24 7100-524 Tel: 268 323 074 Fax: 268 333 162 [email protected] 2.ª a 6.ª: 10h00 - 12h00;14h00 - 17h00 Faro Praça José Afonso, n.º 1 8000-000 Faro Tel: 289 872 345 Fax: 289 806 892 [email protected] 2ª, 3ª, 5ª e 6ª: 09.00 - 14.00 Figueira Castelo Rodrigo Rua Dr Ricardo Machado, nº13 6440-110 Figueira de Castelo Rodrigo Tel: 271 319 000 Fax: 271 319 005 / 271 319 012 [email protected]; [email protected] 2ª a 6ª - 9.00 - 17.00 Figueira da Foz Rua Dr Manuel de Arriaga, nº 73 3080-331 Figueira da Foz Tel: 233 415 560 / 233 432 863 Fax: 233 432 373 [email protected] 2.ª a 6.ª - 14h30 - 19h30 aciDI, I.P. Fundão Praça do Municipio 6230-338 Fundão Tel: 275 779 060/ ext 348 Fax: 275 779 079 [email protected]; [email protected] 2ª a 6ª: 9 -12.30 h; 14 - 17.30 h Guarda Rua do Encontro n.º 45 6300-704 Guarda Tel: 271 225 634 Fax: 271 212 428 [email protected]; [email protected] 2.ª a 6.ª: 10h30-12h30; 14h00-18h00 Lagos Rua Cãndido dos Reis, nº90 8600-668 Lagos Tel: 282 799 109 /800 60 Fax: 282 769 317 [email protected] 2ª a 6ª: 10-12.30h; 14- 17h Leiria Largo Salgueiro Maia; Centro Associativo Municipal, 1.º andar Mercado Novo 2400-221 Leiria Tel: 244 890 036 Fax: 244 890 032 [email protected] 2ª a 6ª: 9h00 - 13h00; 16h30 - 19h30 Lisboa - CML Rua Rio Cávado, n.º 3 A, Bairro Padre Cruz 1600-702 Lisboa Tel: 21 712 20 44 Fax: 21 7150 582 [email protected]; 299 300 IMMIGRATION IN PORTUGAL [email protected]; [email protected]; 2ª: 9.30-12.30h;14.30h-17h Lisboa - CML Espaço Cidadania, Rua do Machadinho, n.º 20 1200-707 Lisboa Tel: 213944300, ext444 Fax: 213 944 472 [email protected]; [email protected]; 2ª a 6ª: 9.30-12.30; 14h-17h Lisboa - Charneca Rua 8, Lote 59, Alto do Lumiar 1750-420 Lisboa Tel: 21 755 27 90 Fax: 217 541 625 [email protected]; [email protected] 2ª-6ª: 9.30-13h; 14-17.30h Lisboa - N. Sra. Fátima Av. Duque de Ávila, nº 75 1049-011 Lisboa Tel: 21 352 70 60 Fax: 21 354 94 28 [email protected]; [email protected] 2ª - 6ª: 9h - 14h Loures - Apelação Av. José Afonso, 61, Cv, Bairro da Quinta da Fonte 2685 Apelação Tel: 219 473 363 [email protected] 2º: 9-12:30h; 6ª: 9-12:30h Loures Centro Comercial Continente, Quinta Casal da Pipa, Estrada Nacional 250 aciDI, I.P. 2670-339 Loures Tel: 21 982 62 61 Fax: 219 881 570 [email protected] 2ª a 6ª: 10-18h; Sáb: 10-14h Loures - Sacavém Casa da Cultura de Sacavém, Urb. Terraços da Ponte, Parcela P 2685 Sacavém Tel: 21 9498575/6 Fax: 219 498 571 [email protected] 3ª e 5ª: 14.30-19h; 4ª: 9.30-12.30 Lourinhã Praça José Máximo da Costa 2534-500 Lourinhã Tel: 261 410 176 Fax: 261 410 169 [email protected] 3ª: 10-13h; 14-18h Lousã Av. Coelho da Gama n.º 34 3200-200 Lousã Tel: 239 99 65 55 [email protected] 2ª: 17h30-19h; 3ª e 5ª: 9h-12h30; 14h-17h30; 4ª e 6ª: 9h-12h30; 14h-19h Macedo de Cavaleiros Casa do Povo - Rua Almeida Pessanha s/n 5340-230 Macedo de Cavaleiros Tel: 278 420 420 Fax: 278 426 243 [email protected] 2ª a 6ª: 9.00 - 12.30; 14 -17.30h 301 302 IMMIGRATION IN PORTUGAL Mafra Edifício dos Serviços de Acção Social - Largo Coronel Brito Gorjão 2640-465 Mafra Tel: 261 819 711 Fax: 261 819 713 [email protected] 2ª-4ª: 9h-12h30; 14h-17h30; 5ª 9h-12h30 Maia Trv. Dr. Carlos Felgueiras, 31, R/Ch Dto 4470 - 158 Maia Tel: 229 486 882 / 229 481 210 Fax: 229 481 210 [email protected] 2.ª 4.ª e 6.ª: 13 h - 18 h 3.ª e 5.ª: 9 h - 14 h Mealhada Rua Dr. José Cerveira Lebre n.º 31 3050-340 Mealhada Tel: 231 281 204 Fax: 231 203 618 [email protected] 2.ª a 6.ª: 9h00-12h30; 13h30-17h00 Melgaço Espaço Memória e Fronteira – Estrada Nacional 4960-551 Melgaço Tel: 251 418 107 Fax: 251 402 429 [email protected] 09.00h – 13.00h e 14.00h – 17.00h Moita - Fonte da Prata Rua Eça de Queirós, Bloco H, nº10 r/c, Quinta da Fonte da Prata 2860 -270 Alhos Vedros Tel: 21 280 08 65 Fax: 21 289 72 17 aciDI, I.P. [email protected] 3ª: 13h-20h; 4ª e 5ª: 10h30-16h30 Moita - Vale da Amoreira Junta Freg de Vale de Amoreira, Av. Vasco da Gama, Edificio Mercado Municipal - Loja A 2835-205 Moita Tel:21 204 16 97 / 21 203 01 90 Fax: 21 203 91 84 [email protected]; [email protected] 2ª a 6ª: 9 -12.30; 14 -17.30 Montijo Praça da República, n.º 52, 1.º Esq 2870-235 Montijo Tel: 212 327 855/6 Fax: 212 327 859 [email protected] 2ª a 6ª: 9 -12.30; 14 -17.30 Moura Rua Henrique José Pinto,s/nº, Apartado 52 7860-121 Moura Tel: 285 251 240 / 961 390 899 Fax: 285 25 17 74 [email protected] 2ª-6ª: 9h-12.30h e 14h-17.30h Nazaré Centro Comunitário da Nazaré, Estrada Nacional nº 242 2450 - 142 Nazaré Tel: 262 181 570/2 Fax: 262 181 571 [email protected] 2ª a 6ª: 9h30-14h30 Óbidos Centro de Intervenção Social, Rua da Raposeira, nº6 2510-115 Óbidos 303 304 IMMIGRATION IN PORTUGAL Tel: 262 955 569 Fax: 262 959 003 [email protected] 5ª: 9-17.30h Odemira Rua Alexandre Herculano nº1 – 1ºandar 7630-147 Odemira Tel: 283 322 130 Fax: 283 322 142 [email protected];[email protected] 2ª a 6ª: 10h-13h e 14h-18h Odivelas Loja do Cidadão 2.ª Geração - Centro Comercial Odivelas Parque 2675 Odivelas Tel: 211 526 136 Fax: 211 526 137 [email protected]; [email protected]; [email protected]; [email protected] 2ª a 6ª: 8.30h - 19.30h; sábados: 8.30h - 15.30h Oeiras - Carnaxide Junta de Freguesia de Carnaxide – Centro Cívico – Rua Cesário Verde 2790-049 Carnaxide Tel: 214 181 486 Fax: 214 172 813 [email protected]; franciscamascarenhas1@hotmail. com; 3ª e 4ª: 14h00-17h00; 5ª: 15h00-19h00 Oeiras - Paço de Arcos Centro Comunitário do Alto da Loba – Rua Instituto Conde de Agronlongo, 39 – Alto da Loba 2770-062 Paço de Arcos Tel: 214 418 625 / 214 420 463 [email protected] 2ª-6ª: 10h-13h e 14.30h-16.30h aciDI, I.P. 305 Oeiras - Porto Salvo Comunitário dos Navegadores – Alameda Jorge Álvares – Bairro dos Navegadores 2740-Porto Salvo Tel: 214 216 437 [email protected] 2ª, 3ª, 4ª, 6ª: 10h-13h e 14h-16h; 5ª: 14h-19h Oliveira de Azeméis Av. Dr. António José de Almeida, Ed. Ferreira de Castro n.º 297 1.º 3720-239 Oliveira de Azeméis Tel: 256 681 603 Fax: 256 600 634 [email protected] 2.ª a 5.ª: 9h00 - 12h.30 e 13h30 - 18h00; 6.ª: 9h00 - 12h00 Ponta Delgada (Açores) Rua do Mercado, n.º 53 H, 1.º S. Miguel Ponta Delgada 9500-326 Ponta Delgada Tel: 296 288 001 / 296 286 365 Fax: 296 281 623 [email protected] Seg a Sex: 8.30 - 12.30; 14.00 - 17.30 Portalegre Rua 15 de Maio nº 11 7300-206 Portalegre Tel: 245 204 963 Fax: 245 202 730 [email protected] 2.ª-6.ª: 10h-12h30; 14-18h Póvoa de Varzim Casa da Juventude, R. Dona Maria I, 56 4490-538 Póvoa de Varzim Tel: 252 647 378 / 252 619 230 Fax: 252 683 218 [email protected] 2ª a 6ª: 10h-16h30; 1 Sáb por mês: 10h30-13h 306 IMMIGRATION IN PORTUGAL Rio Maior Praça da República 2040-320 Rio Maior Tel: 243 999 300 Fax: 243 992 236 [email protected]; [email protected] 2.ª a 6.ª: 9.00 - 12.00 e 13.00 - 17.00 Salvaterra de Magos Edifício da Biblioteca Municipal, Praça da República n.º 1 2120-072 Salvaterra de Magos Tel: 263 500 022 Fax: 263 500 029 [email protected] 3.ª e 5.ª: 14h00-17h30; 6.ª: 9h00-12h30; Santa Maria da Feira Rua António Castro Corte Real, n.º 16, Edifcio da Junta de Freguesia, - Santa Maria da Feira 4520-181 Santa Maria da Feira Tel: 256 374 856 Fax: 256 365 616 [email protected]; [email protected]; [email protected]; 5ª: 9h-12.30h; 6ª: 15h-19h; Sáb: 9h-12.30 h e 14h-17.30 h São Brás de Alportel CAC: Centro de Apoio à Comunidade, Rua Serpa Pinto nº 27 e nº 29, 8150 São Brás de Alportel Tel: 289 840 020 Fax: 289 842 455 [email protected] 2ª-6ª: 9h-12h30 / 14h-17h30; 3ª e 5ª feira | 19h00 > 21h00; sáb: 10h-13h Seixal CLAI - Espaço Cidadania, Av. Resistentes Anti-fascistas, nº 60, Fogueteiro, Amora aciDI, I.P. 2845-147 Seixal Tel: 21 097 62 20/3 Fax: 21 097 62 24/1 [email protected] Seg.- Sab: 9.30h-19.30h Sesimbra Rua Manuel Arriaga, Edificio do Mercado Municipal, Loja 23 2975-329 Quinta do Conde - Sesimbra Tel: 212 109 500 / 212 288 204/8 Fax: 212 109 497 [email protected]; [email protected] Seg a Sex: 13.30h-19.30h Setúbal Av Prof. Bento de Jesus Caraça, 77 2910-682 Setúbal Tel: 265 711 171 Fax: 265 771 228 [email protected]; [email protected] 3.ª a 6.ª: 14h30 - 20h00; Sábado: 11h00 - 14h00 Silves Rua Cruz de Portugal 8300-999 Silves Tel: 282 440 800/282 448 026 Fax: 282 440 850 [email protected]; [email protected] Seg.-Sex: 9h-13 h e 14h-17 h Sines Estrada da Costa do Norte, Empreendimento das Percebeiras, Blc B, Loja Esq, Aptd 340 7520-134 Sines Tel: 269 636 878 / 269 862 455 Fax: 269 634 733 [email protected] Seg-Sex: 10h-12.30h e 14h-18h 307 308 IMMIGRATION IN PORTUGAL Sintra - Mem Martins Centro Comercial Chaby, Av. Chaby Pinheiro, nº 40-44, loja 20 2725-264 Mem Martins Tel: 219 222 502 [email protected]; [email protected]; [email protected] 2ª a 6ª: 10h-20h Sintra - Queluz Av. António Enes, n.º 31. Centro Comercial de Queluz 2º andar– Sala F-8 2745-068 Queluz Tel: 21 436 27 12 / 21 435 38 10 Fax: 21 436 64 83 [email protected]; [email protected] 3.ª a 6.ª: 10-18 h Sab: 14-19 h Tavira Centro Coordenador de Transportes, Apt 285 8800-000 Tavira Tel: 281 32 42 79 [email protected]; [email protected] 2.ª a 6.ª: 10h00 - 17h00 Torres Vedras Av. Tenente Valadim n.º 17 2560-000 Torres Vedras Tel: 261 322 464 Fax: 261 314 826 [email protected] 2.ª e 6.ª: 9h - 19h Trofa Centro Comercial da Vinha, r/c, loja 24, São Martinho de Bougado 4785 Trofa Tel: 252 419 425 / 252 403 693 Fax: 252 40 92 99 aciDI, I.P. [email protected] 2ª a 6ª: 9:00-12:30; 14:00-17:30 Valongo Rua da Fábrica da Cerâmica 4445-427 Ermesinde Tel: 229 725 016 Fax: 229 731 585 [email protected];[email protected]; Seg-Sex: 9h-12.30h e 14h-17.30h Viana do Castelo Convento S. Domingos, Rua Frei Bartolomeu dos Mártires 4900-364 Viana do Castelo Tel: 258 813 830 Fax: 258 824 459 [email protected] Seg a Sex: 14.30– 18.30 Sáb: 9h - 13.00h Vila Franca de Xira Rua Alves Redol, nº 16, 1º 2600-096 Vila Franca de Xira Tel: 263 285 625 Fax: 263 283 028 [email protected]; [email protected] 2ª-6ª: 9-12.30h; 14-17.30h Vila Franca de Xira - Povos R. José Vanzeller Pereira Palha, lote 11, Povos 2600-260 Vila Franca de Xira Tel: 263 271 812 / 962 002 282 Fax: 263 271 811 [email protected] 5ª: 9h30-12h30; 14h-18h 309 310 IMMIGRATION IN PORTUGAL Vila Franca de Xira - Arcena Centro Comunitário de Arena, Rua João Tarré Ribeiro, Lt 92, R/C 2615 Alverca Tel: 219 57 2 350 Fax: 219 572 366 [email protected] 2ª-6ª: 9-12.30h; 14-18h Vila Franca de Xira - Alverca Junta de Freguesia de Alverca do Ribatejo, Rua Dr. Miguel Bombarda, nº 23 2625-125 Alverca Tel: 219 587 680 Fax: 219 587 681 [email protected] 4ª: 18h00 - 21h00 Vila Franca de Xira - Póv. Sta. Iria Delegação da CM Vila Franca de Xira, Palácio Municipal da Quinta da Piedade, Rua Padre Manuel Duarte 2625 Póvoa de St Iria Tel: 219 533 050 Fax: 219 533 051 [email protected] 2ª-6ª: 10-12h; 14-19h Vila Franca de Xira - Vialonga Centro Comunitario de Vialonga, Bairro Olival de Fora, Rua Antero de Quental 2625 Vialonga Tel: 219527806 / 94 Fax: 219 527 807 [email protected] 2ª-6ª: 9-12.30h; 14-17.30h Vila Real Sto. António Av. Ministro Duarte Pacheco, Apartado 154 8900-211 VRSt. Ant. Tel: 281 541 827 aciDI, I.P. Fax: 281 541 827 [email protected] 2ª a 6ª 10.00 - 12.00 - 14.00 - 17.00 Vila Nova de Famalicão Rua Dr. Francisco Alves n.º 18 4760-140 Tel: 252 308 240 Fax: 252 323 751 [email protected] 2.ª a 6.ª - 10h00-13h30; 14h30-17h30 Viseu Rua Alexandre Herculano, n.º 538 3510-039 Viseu Tel: 232 431 893 / 232 420 340 Fax: 232 420 349 [email protected] / [email protected] 2ª a 6ª: 14.00 - 19.00 Vouzela Alameda D. Duarte de Almeida 3670-250 Vouzela Tel: 232 740 578 Fax: 232 771 513 [email protected] 3ª e 5ª - 9.00 - 12.00 - 14.00 - 17.00 311 312 IMMIGRATION IN PORTUGAL ASSOCIAÇÕES DE IMIGRANTES CASA DO BRASIL DE LISBOA São Pedro de Alcântara, nº 63-1º dto 1250-238 Lisboa 213 400 000 213 400 001 [email protected] www.casodobrasil.pt ASSOCIAÇÃO CULTURAL MOINHO DA JUVENTUDE Travessa do Outeiro, 1 Alto da Cova da Moura - Buraca 2610-202 Buraca 214 971 070/ 214 906 510 21 497 40 27 [email protected] www.moinhodajuventude.org ASSOCIAÇÃO DOS CIDADÃOS DA GUINÉ CONAKRI RESIDENTES EM PORTUGAL Rua Florbela Espanca, 30, 2ª Casa A, Tapada das Mercês 2725-542 Mem-Martins 219172644 ASSOCIAÇÃO CABOVERDIANA Rua Duque de Palmela, nº 2 - 8º 1250-098 Lisboa 213 593 367 21 359 33 69 [email protected] www.acaboverdeana.org.pt ANPRP - ASSOCIAÇÃO DOS NATURAIS DO PELUNDO RESIDENTES EM PORTUGAL Rua Fernando de Gusmão, zona 6A, lote 7, loja A 1750-175 Lisboa 214 411 163 [email protected] aciDI, I.P. 313 LIÁFRICA - LIGA DOS AFRICANOS E AMIGOS DE ÁFRICA Rua Botelho de Vasconcelos lote 564, 1º piso B, Bairro do Condado, Chelas 1950-045 LISBOA 21 8145394 21 853 7389 [email protected], [email protected] ASSOCIAÇÃO JUVENIL LUSO AFRICANA PONTOS NOS IS Passeio de S. Lázaro, 49 - 2º 4000-508 Porto 225100994 222087599 [email protected] ASSOCIAÇÃO GUINEENSE E POVOS AMIGOS Espaço Ágora; Av. Cintura do Porto de Lisboa, Pav. I, Naves 3, 4, e 5 1200-109 Lisboa 213971305 213971305 [email protected] ASSOCIAÇÃO GUINEENSE DE SOLIDARIEDADE SOCIAL AGUINENSO Av. João Paulo II, lote 528- 2 CHELAS 1950-430 Lisboa 21 837 04 36/ 05 97 21 837 02 87 [email protected] www.aguinenso.org ASSOCIAÇÃO UNIDOS DE CABO VERDE Rua Mario Viegas, n.º 1, Casal da Boba-Casal S. Brás 2700-899 Amadora 21 492 70 71 21 492 70 71 [email protected] 314 IMMIGRATION IN PORTUGAL ASSOCIAÇÃO DOS FILHOS E AMIGOS DA ILHA DE JETA NÚCLEO DE PORTUGAL - AFAIJE Bairro Novo do Pinhal lote 32-2º dto 2765-363 S. João do Estoril 966 105 398 [email protected] ASSOCIAÇÃO DE SOLIDARIEDADE SOCIAL “ASSOMADA” Alameda João de Meneses, 12- A, Bairro de S. Marçal Portela de Carnaxide 2790 -214 Oeiras 21 41 88 596 21 41 88 596 [email protected] www.assomada.somee.com AGENOVA - ASSOCIAÇÃO GERAÇÃO NOVA Praça Professor Santos André, nº 13, 3º Esq. 1500 Lisboa 967475295 [email protected] ASSOCIAÇÃO DA COMUNIDADE DE SÃO TOMÉ E PRÍNCIPE - ACOSP Edificio das Portas de Benfica- Castelo Norte-Porta B 1500-496 Lisboa 21 764 80 68 21 764 80 68 [email protected] ASSOCIAÇÃO DOS ANTIGOS ALUNOS DO ENSINO SECUNDÁRIO DE CABO VERDE Rua Manuela Porto, 12-A/12-B Carnide 1500-000 Lisboa 21 7152991 21 715 29 91 963055693 [email protected] aciDI, I.P. 315 ASSOCIAÇÃO CENTRO CULTURAL AFRICANO Avenida da Belavista, nº 13 - Interior dos Páteos 2910-184 Setúbal [email protected] APALGAR - ASSOCIAÇÃO DE AMIZADE DOS PALOP NO ALGARVE Rua do Leste, Edifício Carteia, Loja AQ r/c- Esq 8125 - 201 Quarteira 289 389585 289 389 585 [email protected] ASSOCIAÇÃO DOS AMIGOS DO PRINCIPE - A A P. Urbanização PER da Ameixoeira, Zona 4, Lote 16, Loja B 1750-000 Lisboa 21 764 80 68 21 764 80 68 [email protected] CLUBE FILIPINO Rua do Salitre nº 139, 2º X 1250-198 Lisboa 213146450 [email protected] ASSOCIAÇÃO DE SOLIDARIEDADE DOS FILHOS E AMIGOS DO CONCELHO DE S. MIGUEL DE CABO VERDE Urbanização dos Brejos, Rua Miguel Torga, Lote 76 - 1.º Esq., Alto Coveira 2785 S.Domingos de Rana - Cascais [email protected] CABÁS GARANDI - ASSOCIAÇÃO DOS FILHOS E AMIGOS DAS ILHA DE BOLAMA - NÚCLEO DE PORTUGAL Rua da Amoreira nº 5-1ºdto 2725-067 Algueirão-Mem Martins 21 7988291 21 926 23 99 [email protected] 316 IMMIGRATION IN PORTUGAL ASSOCIAÇÃO ESPAÇO JOVEM Rua C Bairro de Santa Filomena nº 12- r/c 2700-000 Amadora 96 643 01 88 214927009 [email protected], [email protected] LIGA DOS CHINESES EM PORTUGAL Av da Boavista, 1588 - 3.º, sala 314 4100 Porto 226063289 226063289 [email protected] / [email protected] ASSOCIAÇÃO UNIDA E CULTURAL DA QUINTA DO MOCHO Urbanização dos Terraços da Ponte lote 20 Bloco 2 R/c 2685-119 Sacavém 21 9400600 21 940 06 00 [email protected] ASSOCIAÇÃO CABOVERDIANA (SINES) Estrada da Costa do Norte – Empreendimento das Percebeiras bloco B, loja esq. 7520-195 Sines 269 636 878 269 634733 [email protected] ASSOCIAÇÃO MELHORAMENTOS E RECREATIVO DO TALUDE Estrada Militar nº 62 Bairro Venceslau Catujal, Unhos 2680-846 Unhos, Loures 21 9418314 21 9418314 [email protected], [email protected] aciDI, I.P. 317 ASSOCIAÇÃO DOS FILHOS DE CALEQUISSE RESIDENTE EM PORTUGAL (AFICAP) Rua Adriano Correia de Oliveira, 29-2ºdt,o Laranjeiro 2810-151 Almada 21 2599586 [email protected] [email protected] ASSOCIAÇÃO DE JOVENS PROMOTORES DA AMADORA SAUDÁVEL - AJPAS Praceta Luiz Verney Damaia de Cima 2720-342 Amadora 21 490 54 26 21 490 54 27 [email protected]; [email protected] www.ajpas.org ASSOCIAÇÃO DE SOLIDARIEDADE SOCIAL DO ALTO DA COVA DA MOURA Rua do Vale nº 17-17 A, Buraca 2610-232 Amadora 21 490 51 44 21 490 51 44 [email protected] SOLIDARIEDADE IMIGRANTE, ASSOCIAÇÃO PARA A DEFESA DOS DIREITOS DOS IMIGRANTES Rua da Madalena, 8 -2º 1100-321 Lisboa 21 8870713 21 88 70 713 [email protected] ASSOCIAÇÃO DOS RESIDENTES ANGOLANOS NO CONCELHO DE ODIVELAS-ARACODI Rua Comandante Sacadura Cabral, N. 1 B, 3.º Dto. * 2660-100 Flamenga 21 93 22 921 21 93 22 921 [email protected], [email protected] *morada temporária,aguardamos actualização 318 IMMIGRATION IN PORTUGAL ASSOCIAÇÃO COMUNIDADE ROMENA Rua de S.Mamede, 18-B 1100-534 Lisboa 212480274 213947720 [email protected] ADIME - ASSOCIAÇÃO PARA A DEFESA E INSERÇÃO DAS MINORIAS ÉTNICAS Rua 25 de Abril , Antigo Barracão(junto ao parque Infantil) Vale de Chicharos, Fogueteiro - Amora 2845 - 166 Amora 212252194 212252194 [email protected] ASSOCIAÇÃO DE ESTUDANTES ANGOLANOS EM PORTUGAL -”AEA - PORTUGAL” Rua Leopoldo de Almeida, 6-A 1720-150 Lisboa 964402212 213602011 [email protected], [email protected] ASSOCIAÇÃO DOS AFRICANOS DO CONCELHO DE VILA FRANCA DE XIRA Rua António José da Silva Torre 10 Loja Esq Bairro Olival de Fora 2625-642 Vialonga 21 952 03 60 21 952 54 20 [email protected] ASSOCIAÇÃO DE APOIO AO IMIGRANTE Rua Cónego Maio, 133 São Bernardo 3810-089 Aveiro 234342890 234342367 [email protected] www.apoioimigrante.org aciDI, I.P. MORABEZA - ASSOCIAÇÃO PARA A COOPERAÇÃO E DESENVOLVIMENTO Rua Freitas Gazul lote 34 loja 3 1350-147 Lisboa 21 395 52 94 21 395 50 43 [email protected]; [email protected] www.morabeza.web.pt ASSOCIAÇÃO LUSO-AFRICANA DOS METODISTAS NO PORTO Rua Nova de S. Crispim, 298/302 4000-363 Porto 918433864 ASSOCIAÇÃO CABOVERDIANA DO ALGARVE Casa de Santa catarina, Urbanização do Pimentão Lt. 6 - Cave Dto 8500-000 Portimão 282470731 (C.M.Portimão) 282417319 [email protected] ASSOCIAÇÃO CABOVERDIANA DE SETÚBAL Rua do Antigo Olival, nº 8, E-11, São Sebastião 2910-060 Setúbal 265771002 265771002 [email protected] ASSOCIAÇÃO LUSO CABOVERDIANA DE SINTRA Rua João XXIII, Bloco A, lote n.º 1, 3.º esq.º, Serra das Minas 2635-173 Rio de Mouro 219203371 219203371 [email protected], [email protected] 319 320 IMMIGRATION IN PORTUGAL ASSOCIAÇÃO DOS IMIGRANTES NOS AÇORES - AIPA Rua do Mercado, nº 53 H - 1º 9500-326 Ponta Delgada 296 286 365 296 281 623 [email protected]; [email protected] http://www.aipa-azores.com/ UNIÃO DA JUVENTUDE ANGOLANA EM PORTUGAL UJAP Urbanização Terraços da Ponte, lote n.º 81 - 3.º esq.º 2685-000 Sacavém 969556059 219498571 [email protected] ASSOCIAÇÃO TRATADO DO SIMULAMBUCO - CASA DE CABINDA Rua Costa Pinto, nº 8 2770-048 Paço D’Arcos 219144867 - 219188485 219188486 [email protected] ASSOCIAÇÃO GRUPOS DE TRABALHO E PROJECTOS DOS SETE PAÍSES DE LÍNGUA OFICIAL PORTUGUESA - GTP7 Rua do Salitre, 185,r/c Dt 1250-199 Lisboa 21-3845690 21-3867775 [email protected] BEREG - MOVIMENTO SOCIAL PELO ESCLARECIMENTO E INFORMAÇÃO Rua 1º de Maio , nº6, 1º frente dto, bairro Bragados Póvoa de st Iria 965313201 [email protected] aciDI, I.P. ASSOCIAÇÃO DOS IMIGRANTES DOS PAÍSES DO LESTE - EDINSTVO Rua de São Tomé e Princípe, n.º 18, r/c Dto. 2900 Setúbal 265 23 93 53 [email protected];[email protected] FUNDO DE APOIO SOCIAL DE CABO-VERDIANOS EM PORTUGAL - FASCP Apartado 8359 1800-001 Lisboa 218318324 218318389 [email protected] www.fascp.org ASLI - ASSOCIAÇÃO APOIO SEM LIMITE - Instituição Particular de Solidariedade Social Quinta da Torrinha, Área 3, Lote 9 - Loja B 1750-391 Lisboa 217553727 217553727 ASSOCIAÇÃO DOS UCRANIANOS EM PORTUGAL Av. 25 de Abril 27, 2 FRT 1675-185 Lisboa 218871129 218871129 [email protected] http://www.ukremigrantpt.ipsys.net/ ASSOCIAÇÃO BRASILEIRA DE PORTUGAL Rua Fernando Pessoa, lote 226, rch direito 2865-650 Seixal 212129132/3 212129134 [email protected] 321 322 IMMIGRATION IN PORTUGAL CENTRO CULTURAL MOLDAVO Rua Mataraque, 280 Vivenda Irmãos Peixoto - Zambujal, r/c dto. 2785-696 S. Domingos Rana 21 444 4548 214 444 584 [email protected] PROSAUDESC - ASSOCIAÇÃO DE PROMOTORES DE SAÚDE, AMBIENTE E DESENVOLVIMENTO SÓCIO CULTURAL Urbanização Terraços da Ponte, lote nº 20 Bloco nº 2 r/c 2685-119 Sacavém 219400600 219400600 [email protected] ASSOCIAÇÃO DE APOIO AO ESTUDANTE AFRICANO Apartado 2187 1104-001 Lisboa 218135936 [email protected]; [email protected] AMIZADE - ASSOCIAÇÃO DE IMIGRANTES DE GONDOMAR Rua Padre Joaquim das Neves, n.º 945, 2.º esq/Tr, Baguim do Monte 4435-776 Gondomar 224884077 224884077 [email protected] ASSOCIAÇÃO PORTUGAL/MOÇAMBIQUE Largo Duque da Ribeira, 32-54 4050 Porto 222037876/7/8 [email protected] aciDI, I.P. CASA LUSÓFONA - ONGD Rua Pedro Monteiro, 73 3000-329 COIMBRA [email protected] ASSOCIAÇÃO CABOVERDIANA NO NORTE DE PORTUGAL Rua Formosa, N.º 408 - 1.º 4000-274 PORTO 96 787 9232 [email protected] / [email protected] CAC - CASA DE ANGOLA EM COIMBRA - ONGD Rua Pedro Monteiro, n.º 73 3000-329 Coimbra 91 990 68 29 [email protected] QUIZOMBA - ASSOCIAÇÃO RECREATIVA E CULTURAL DOS RESIDENTES NOS MUNICÍPIOS DE AMADORA E SINTRA Rua do Sol, Loja 44 B - Pendão 2745-052 Queluz 968743816 [email protected] FRATIA-ASSOCIAÇÃO DOS IMIGRANTES ROMENOS E MOLDAVOS Estrada de Santos Quinta de Tanoeira 2910-255 Setúbal 265734407/265734324 265734324 [email protected], [email protected] CASA DA GUINÉ Rua Dr. Manuel de Arriaga N.º 40 Lj. 2745-158 Queluz 214351052 214369704 [email protected] 323 324 IMMIGRATION IN PORTUGAL ASSOCIAÇÃO DE ESTUDO COOPERAÇÃO E SOLIDARIEDADE “MULHER MIGRANTE” Rua Maria Pia - Lote 4-Loja 1 1350-208 Lisboa 213909417 213909417 [email protected] http: //mulhermigrante.home.sapo.pt CENTRO PORTUGUÊS DE ESTUDOS ÁRABE PULAAR E CULTURA ISLÂMICA Rua José Estevão n.º 3 A r/c Reboleira 2720-000 Amadora 21 4964712/3 21 4951261 [email protected] ASSOCIAÇÃO MAIS BRASIL Rua das Flores, n.º69, Gabinete 5 4050-265 Porto 223393547/223326107 223326107 [email protected] www.maisbrasil.pt ,blogmaisbrasil.blogspot.com AACILUS - ASSOCIAÇÃO DE APOIO À CIDADANIA LUSÓFONA Rua dos Van Zeleres n.º 145 4100-483 Porto Porto 220995207 223325175 [email protected], [email protected] www.aacilus.org ASSOCIAÇÃO MIR Estrada de Benfica, n.º402, 9.º Esq. 1500-101 Lisboa 213012747 213012747 [email protected], [email protected] aciDI, I.P. 325 ASSOCIAÇÃO DE SOLIDARIEDADE SOCIAL DE IMIGRANTES ADVENTISTAS - ASSIA Praceta José Fontana n.º 4 R/C esqd.º, Urbanização Quinta da Fonte 2680-304 Apelação 213143366 213143366 ACRAM - ASSOCIAÇÃO CULTURAL E RECREATIVA DOS AFRICANOS NA MADEIRA Praceta da Venezuela - Bairro da Nazaré 9000-127 Funchal 291280312 [email protected] ASSOCIAÇÃO GUINEÁSPORA - FÓRUM DE GUINEESES NA DIÁSPORA Av. Vieira da Silva, 47 - 4º esq., Sta. Marta do Pinhal 2855-280 Corroios 21 255 23 90 [email protected] www.guineaspora.org KAMBA - ASSOCIAÇÃO DE ANGOLANOS DO CONCELHO DE SEIXAL Avenida 25 de Abril, Edifício Monte Sião, Centro de Recursos do Movimento Associativo 2840-443 Torre da Marinha 212123070 212 123 070 [email protected] ASSOCIAÇÃO CASA DE MOÇAMBIQUE Rua da Benificência N.º111 - 2.º andar 1600-018 Lisboa 218135559 [email protected] 326 IMMIGRATION IN PORTUGAL CAPELA - CENTRO DE APOIO À POPULAÇÃO EMIGRANTE DE LESTE EUROPEU E AMIGOS Urbanização do Pimentão, Lote 6, Cave Direita 8500 Portimão 282431538 282 431 538 [email protected] ÍNDICO - ASSOCIAÇÃO CÍVICA MOÇAMBICANA R. Nova do Seixo, 528/552 r/c cto.dto.fte. 4465-216 S. Mamede Infesta 226160409 225103405 [email protected] ASSOCIAÇÃO “FILHOS E AMIGOS DE BACHIL” Rua Jacinta Nicola, n.º 5, 2.º esquerdo Verderena 2830-000 Barreiro 965748084 / 965662991 [email protected] ASSOCIAÇÃO SÓCIO CULTURAL DA QUINTA DA SERRA Rua da Alegria, n.º1, Prior Velho 2685-390 Prior Velho 219416022 219416022 [email protected] ASSOCIAÇÃO DE SOLIDARIEDADE CABO-VERDIANA DOS AMIGOS DA MARGEM SUL DO TEJO Mercado Municipal - Loja n.º11, Rua das Margaridas, Vale de Amoreira 2835-202 Vale de Amoreira 21 204 63 27 [email protected] ASSOCIAÇÃO - CENTRO CULTURAL LUSO MOÇAMBICANO Rua Cardeal Patriarca D. António Ribeiro, nº 15 - 6º esq. 2735-575 Agualva - Cacém 21 914 77 66 [email protected] http://www.cclm.pt.vu aciDI, I.P. 327 ATAI - ASSOCIAÇÃO TAVIRENSE DE APOIO AO IMIGRANTE Centro Coordenador de Transportes, apartado 285 8800-000 TAVIRA 281324279 [email protected] ASSOCIAÇÃO LAAMTEN - VALORIZAÇÃO E DIVULGAÇÃO DA LÍNGUA E CULTURA FULA Largo João das Regras, nº 12, 3º dt 2650-228 Amadora 914 081 206 [email protected] GTO - GRUPO DE TEATRO DO OPRIMIDO (A/C Gisella Mendoza) Travessa do Corpo Santo 21, 3 Esq 1200-131 Lisboa 968 474 613 [email protected] www.teatrodooprimidoportugal.blogspot.com ASSOCIAÇÃO DOS AMIGOS BRASILEIROS NA MADEIRA R. Elias Garcia, Ed. Elias Garcia I, BL. 5, 2.º B 9050-023 Funchal 291 108 101 ASSOCIAÇÃO UNIDOS PARA O PROGRESSO DA ILHA DE BUBAQUE – AUPIB Av. República da Bulgária, Lote 12 – 4.º D 1950-442 LISBOA 213421897 213421897 ASSOCIAÇÃO JUVENIL LAÇOS DE RUA Rua Serra da Estrela, Loja 18, D.tª, S. Domingos de Rana, Cascais 2785-820 S. Domingos de Rana, Cascais [email protected] ASSOCIAÇÃO DOS GUINEENSES DO PORTO Rua Carlos Oliveira, nº125, bloco 1, 3º dto São Mamede Infesta 4465-055 Matosinhos 328 IMMIGRATION IN PORTUGAL BURBUR - ASSOCIAÇÃO CULTURAL Rua Adolfo Casais Monteiro, 94, 3.º 4050-013 Porto 960096141 [email protected] ESSALAM - ASSOCIAÇÃO DOS IMIGRANTES MAGREBINOS E DE AMIZADE LUSO-ÁRABE Rua do Cativo, 76 4000-160 Porto 960096141 [email protected] http://essalampt.site.voila.fr/ MIORITA - ASSOCIAÇÃO CULTURAL DOS IMIGRANTES MOLDAVOS Rua do Algarve, 35, 1 Dr, Baixa da Banheira, Moita 2835 Baixa da Banheira, Moita AICA - ASSOCIAÇÃO DOS IMIGRANTES DO CONCELHO DE ALMADA Rua José Alves da Cunha, n.º16 B 2810 Feijó - Almada 21 08 649 55 [email protected] ASSOCIAÇÃO SÓCIO DESPORTIVA E CULTURAL “AFRUNIDO” Rua Mário Lobo, nº 12, loja 2, Galerias Dona Inês 2735-000 Agualva-Cacém 967521904 [email protected] EADS ELO ASSOCIATIVO PARA O DESENVOLVIMENTO SOCIAL Av. Embaixador Assis Chateaubriand, nº 49 2780-197 OEIRAS [email protected], [email protected] ASSOCIAÇÃO AJUDA MÚTUA ALCAUSSARA Rua Febo Moniz nº 15, c/v 1150-152 LISBOA 212217139 212217139 aciDI, I.P. [email protected] www.alcaussara.com.sapo.pt FEDERAÇÃO DAS ORGANIZAÇÕES CABOVERDEANAS EM PORTUGAL Travessa do Falo Só, 9, Lisboa 1250-109 Lisboa 213429070 [email protected]; [email protected] www.federacaocv.org ASSOCIAÇÃO DOS ORIGINÁRIOS DO TOGO EM PORTUGAL Praceta Mirita Casimiro, n.º4, 1.º B, Quinta Nova 2675-410 Odivelas 966370445 [email protected] ASSOCIAÇÃO DOS AMIGOS DA MULHER ANGOLANA Rua Francisco Duarte Pedroso, n.º 2B, 1.º Esq. 1495-062 Algés 214109892 [email protected]; DOINA ASSOCIAÇÃO IMIGRANTES ROMENOS E MOLDAVOS ALGARVE Rua Manuel Cabrita Teodósio, lote 3, 1.ºDto. 8135-155 Almancil, Loulé 918095036 [email protected] ASSOCIAÇÃO DE FILHOS E AMIGOS DA GUINÉ-BISSAU MON NA MON Rua de Espinho, nº10 - 1º C 3810-111 Aveiro 966545658//961493856 [email protected] 329 NOTAS aciDI, I.P. 331
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