Portugal's President Signs Law Tightening Immigration

Amended Foreigners' Law restricts family reunification (Photo from Pixabay)

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After two weeks of speculation following Parliament's approval of an amended Lei de Estrangeiros (Foreigners' Law), President Marcelo Rebelo de Sousa signed the immigration-tightening bill which marks a departure from Portugal's immigration policy.

"For a long time, the parliamentary majority -- and theoretically the country's majority -- was on a certain wave. That wave has shifted in a clearly opposite direction. That's what democracy is," said President Marcelo Rebelo de Sousa, according to Expresso (October 16).

Seventy percent of the deputies voted in favor of the amended bill.

"More than two-thirds of the deputies understood the importance of respecting the Constitutional Court's call for attention and made a point of aligning themselves with the Court's requests."

The president emphasized that his enactment of the law was not based solely on the "brutal margin" with which it was approved in Parliament.

"If I were convinced that the requirements were not minimally met, I would return it to the Constitutional Court. But they are."

In August, a previous bill was found by the Constitutional Court to have five unconstitutional provisions, almost all of them related to the tightening of the right to family reunification, reported Expresso (September 24). President Marcelo Rebelo de Sousa vetoed the bill and returned it to Parliament.

Family Reunification

The amended law restricts family reunification, sets a 90-day deadline, compared to the current 30 days, for AIMA (Agency for Integration, Migration and Asylum) deciding on a family-reunification case, tightens the criteria for renewing residence permits and, in the case of bilateral agreements, the conditions for immigrant entry may be more favorable, reported ECO (Economia Online) (October 1).

Who Is Exempt from Residence Periods

Those who remain exempt from any residence period are holders of residence permits authorized under Articles 90 (teaching, highly qualified or cultural activity) 90-A (investment) and 121-A (EU Blue Card, which is a residence and work permit for highly qualified non-European citizens who wish to live and work in the European Union).

Brazilian and Other CPLP Citizens Lose Rights

The amended law also removes rights from immigrants from the Community of Portuguese-speaking Countries (CPLP), reported Público Brasil (September 30). It reduces the ability of CPLP citizens to enter Portugal as tourists and, once in Portuguese territory, apply for a residence permit.

The founding members of the Community of Portuguese-speaking Countries (CPLP) were Angola, Brasil, Cape Verde, Guinea-Bissau, Mozambique, Portugal, and São Tomé and Príncipe in 1996. East Timor joined in 2002, after achieving independence, and Equatorial Guinea joined in 2014.

The law also establishes that only highly qualified individuals can obtain a work-seeking visa at Portuguese consulates. Brazilians, who make up the largest foreign community at about 500,000, are the ones who most frequently apply for these work-seeking visas.

Integration Measures

The Constitutional Court also had demanded clarification in the previous version of integration measures.

"It says the rule is vague and needs to be clarified, and we have done so," said Minister António Leitão Amaro, according to Expresso (September 24). He listed a range of measures, such as Portuguese language training, Portuguese culture and constitutional values.

"This obligation must be taken seriously. If it is not fulfilled, there is no right to renewal during the period of the family reunification residence permit, with due exceptions."

European Union Citizens Not Directly Affected

The Foreigners' Law does not directly affect European Union citizens by restricting their rights to free movement within the European Union. The bill primarily governs the entry, stay and residence of third-country nationals (non-EU citizens) in Portugal. EU citizens already possess the right to work and live in Portugal for longer than three months, provided they meet certain basic conditions, according to the European Commission.

Marcelo Says Immigration Debate Will Go On

For the president, the significant approval reflects not only legal compliance but also a consolidated social and political majority, reported Expresso (October 16).

President Marcelo Rebelo de Sousa said that he expects the debate on immigration to continue in the coming years "seeking the balance between openness and closed-ness", reported Expresso.

"This majority already has changed and may change again in the future. I had to acknowledge this fact. My role was to verify that it respected the Constitution, not necessarily to agree. My personal position already is known, but it doesn't matter here. the system of government is not presidential, it is a balance of powers."

The Vote

The vote in the Assembleia da República resulted in 160 votes in favor of Prime Minister Luís Montenegro's (PSD) government proposals, and 70 against, reported Expresso (September 30).

In total, representatives of the Social Democratic Party (PSD), Chega, the Liberal Initiative (IL), and the Social Democratic Center — People's Party (CDS-PP) supported the immigration-tightening package. Opposing the legislative changes were the Socialist Party (PS), the Portuguese Communist Party (PCP), the Left Bloc, the People, Animals, and Nature Party (PAN), and the Together for the People (JPP).

Nationality Law

Following Parliament's approval of the amended Foreigners' Law, the government intends to finalize the amended Nationality Bill this month, reported Expresso (October 15).

The PSD and CDS parties are presenting amendments, which ensure that the bill does not raise constitutional doubts. At the moment, one amendment ends the retroactive effect of the minimum years of residence required for Portuguese citizenship. Also, the loss of nationality for those who commit serious crimes now will be covered by a separate piece of legislation.