New legislation regulates entry and residence of immigrants

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In December 2002, a number of amendments were approved to Portugal's law on immigration, governing the entry and residence of non-EEA foreign nationals. The changes provide for a periodical analysis of the Portuguese labour market as a fundamental factor in deciding the entry of foreign nationals and the granting of permission to stay. The new legislation also implements an EU Directive on the smuggling of illegal immigrants, and seeks to improve the integration of immigrants and the conditions for families to be reunited.

On 4 December 2002, alterations were approved to Decree Law no. 4/2001 of 10 January 2001 regulating the entry and residence of non-EEA foreign nationals in Portugal (PT0101131F), with implementation due after completion of the process of hearing the views of the autonomous regions of the Azores and Madeira. The new legislation's stated aims are to support the promotion of legal immigration, the effective integration of immigrants and the fight against illegal immigration. The changes made mainly relate to:

• a review of the rules regarding the granting or cancellation of visas;

• an improvement of the system of reuniting the families of immigrants; and

• tougher penalties for offences related to illegal immigration and a general updating of the system of penalties.

Accordingly, the system for granting permission to foreign nationals to stay in Portugal will be altered, whilst safeguarding the legal expectations of migrants who already have permission and of those who have presented their respective applications in time. The changes include the following:

• the system covering permission to stay will be altered so that the criteria for remaining in Portugal will result only from the granting of visas or permission to stay. The minimum period of residence in order to obtain a residence permit will be reduced, and the minimum periods of residence necessary for the granting of permanent residence permits are also set to be reduced;

• the system of granting permission for families to be reunited will also be changed, with foreign citizens being entitled to this situation after having remained in Portugal for one year.'Marriages of convenience' are also targeted, and these will result in the annulment of residence rights;

• a maximum annual limit will be set for the entry of citizens from non-EEA states into Portuguese territory for the purposes of employment. This figure will appear in a report drawn up by the government every two years, in collaboration with the Institute of Employment and Vocational Training (Instituto do Emprego e Formação Profissional, IEFP). This body will take various criteria into account, including the overall needs of the labour market, the need for labour in sectors that are fundamental to the country’s economy and the geographical distribution of employment opportunities for foreign citizens, in accordance with the reception capacity of each region. The document will provide the legal basis for the imposition of entry quotas for immigrants in the various geographical areas. It is intended to create a management system for migratory flows by controlling the entry and residence of foreign citizens; and

• the IEFP is also responsible for producing a quarterly report that identifies the number of positions that have been occupied by migrants, per occupational activity. It will also check whether positions for which permits were issued were actually filled.

The new law legislation also seeks to transpose into Portuguese lawEU Directive (2001/51/EC) of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985. This Directive covers the obligations of carriers transporting non-EEA foreign nationals into the territory of the EU Member States, and lays down the penalties and fines for carriers acting illegally. The Portuguese legislation requires the carrier to return any non-EEA foreign nationals that are prevented from entering Portugal by the Foreigners and Borders Department (Serviços de Estrangeiros e Fronteiras, SEF) to their country of origin. The penalties for those found guilty of setting up criminal organisations for the transport of immigrants range from 24 months' to five years' imprisonment. Companies which receive or transport illegal immigrants are also subject to various fines, ranging from EUR 2,000 to EUR 27,000.

Statistics on immigrants in Portugal

Portugal has long been a country of emigration, but in the last decade this trend has been reversed and - as shown in table 1 below - the country has seen an enormous growth in the number of foreign residents (PT0006199F).