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Approves The Legal Regime Of Entry, Stay, Departure And Removal Of Aliens From The National Territory.

Original Language Title: Aprova o regime jurídico de entrada, permanência, saída e afastamento de estrangeiros do território nacional.

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Draft Law No 248 /X

Changes the regime of entry, stay, exit and removal of foreigners from the

national territory (Fourth Amendment to Decree-Law No. 244/98 of August 8,

amended by Law No. 97/99 of July 26 by the Decree-Law No. 4/2001 of 10 of

January, and by the Decree-Law No. 34/2003, of February 25)


Giving fulfillment to a commitment made in your Electoral Programme, the CFP

presents a draft law that profoundly changes the legal regime of entry,

permanence, exit and remoteness of foreigners from the national territory, vulgarly

known as the "law of foreigners".

The CFP has always maintained that Portugal's dual condition as a country of emigration and of

immigration, which is also a sign of its specificity in the European Union,

should be justifying in a strengthened manner a policy direction of reception and

integration of immigrants into Portuguese society marked by respect for their

civic, social and cultural rights, of support for their harmonious integration, and of

valorisation of its contribution to the development of the Country.

It has not been that, however, the main feature of the policies adopted in Portugal

in recent years. Notwithstanding the good words addressed to immigrant communities, the

immigration policies have been marred by their restrictive character and maintenance

of administrative practices that negatively injus the everyday of immigrants. Are

penned the ones who demand Portugal in search of a better life, but are

left almost unscathed, in practice, the great economic and business interests

that feed on the networks of illegal immigration and clandestine work.

The legislation that regulates the entry, stay, exit and removal of

foreigners from national territory is an example of this negative policy in relation to the

immigrant and abroad. It is not true that there is in Portugal a policy of

"doors slammed" to immigration, as it is sometimes said without any rigor and without a


minimum of veracity. On the contrary, Portugal has been following a policy of doors

almost closed to legal immigration what constitutes objectively a factor of

illegal immigration growth with all that from negative if it associates.

Immigration is not something negative with which the country is faced. Immigration is

necessary and desirable. All studies indicate, not only relatively to Portugal,

but to Europe in general, that the demographic balance, the sustainability of the regimes of

social security and the economic activity itself, lack a strong input from the

immigrant population. What constitutes de facto a problem, at all levels, is the

illegal immigration and the practices that are associated with it.

For illegal immigration to be countered with effectiveness is necessary before more

to enable legal immigration, ending the absurd and failed system of "quotas"

constant of the "law of foreigners" and adopt more flexible criteria of entry into

Portugal with contract proposals for work. It is necessary to also scrutinise and

properly sanction unscrupulous patronage who takes advantage of illegal immigration

to over-exploit foreign workers by taking advantage of their plight of

fragility and making them work without any rights and violating many times from

execrable form the most elementary human rights. Matters evidently

combat by the police route the trafficking networks of illegal labour and the associations

criminal that she feeds into. But it is indispensable to allow the workers

foreigners in Portugal have the possibility to legalize their situation and power

to live among us with their relatives without having their rights diminished and without

being hostage to those who benefit from illegal immigration.

Very recently, Portuguese public opinion has been alerted to injustices that are

to be committed by the authorities of a country where there is a numerous community

Portuguese-Canada-from administratively expelling Portuguese citizens who there

work and live, for finding themselves in illegal situation in the face of legislation

applicable to immigration. The feeling of injustice that such a situation understandably

generated in Portugal, obliges us to reflect on the 'law of foreigners' vigour in our

country, the application of which is likely to lead to similar injustices in respect of

citizens of other countries who reside and work in Portugal. Second data

recently released, in 2004, 2909 migrants were notified to abandon

Portugal due to the illegality of its situation, and in 2005, the Portuguese authorities

proceeded to expulsion of 784 citizens (plus 53% that in 2004). It is clear that in the

basis of these evictions will have state diverse causes that do not allow to do


generalizations, but surely that in some cases, injustices will have been committed,

due to the extremely restrictive character of the Portuguese "foreign law".

It becomes clear that the Portuguese legislation has to be rethought. Portugal will only have whole

moral authority to complain against injustices committed in other countries that affect

compatriots ours, if you give the example, and get rid of Portuguese legislation

provisions that lead to injustices in everything similar affecting citizens of

other countries that among us seek a better life.

It is false the sometimes widespread idea that Portugal, not being a rich country, is not in

conditions of welcoming immigrants. False idea, pores the immigrants are not parasites,

do not come to live at the expense of anyone. Come to work and produce more than what

win. They are workers who contribute to the creation of wealth and to the

development of our country.

Among other negative aspects that characterize the current legislation, it stands out:

To give the assignment of discretionary and excessive decision-making powers to the authorities

administrative, especially the Office of Foreign and Border Protection;

The refusal of suspensive effect to any and any recourse that is presented

relatively to expulsion decisions; the near impossibility of obtaining

residence permit on the part of immigrants working in Portugal;

The indiscriminate application of the incidental penalty of expulsion to foreigners, after the

compliance with prison terms;

A ban on the entry into Portugal of citizens who have their name inscribed

in the national list of inadmissible persons or in the list of the Schengen System

without regulating the possibility of the appeal of such inclusion, nor the conditions and the

deadlines for their withdrawal from the lists;

The interdiction of the entry into Portugal and the expulsion of foreigners from territory

national on the basis of overly vague and generic reasons.

However, the acknowledged failure of the constant solutions of successive versions of the " law of

foreigners " represents the confession of the failure of immigration policies

characterized by repression, closure and discrimination, and that not

solved the problems confronting the country on immigration.

The CFP reaffirms that this is not the immigration policy that Portugal needs and that the

own migrant workers justly complain. Fighting illegal immigration and the

clandestine work, source of inhuman exploitation of so many Portuguese and


foreigners, requires, among other measures, an immigration policy and a Law of

Foreigners different and more democratic, which ensures respect for the rights of

all employees, without discrimination as to their national origin and which treats

all immigrants as full-body citizens, who aspire justly to a lifetime

better and want to be respected in your dignity; that do not create new categories of

immigrants with more conditioned rights, but who courageously accept to establish

a permanent legal framework that makes it possible to regularize those who, living and

working here, suffer all the dramas of lawlessness, leaving de facto food

international supply networks for illegal immigration and clandestine work

that to all, Portuguese workers or immigrants, harm.

In that sense, the Parliamentary Group of the CFP, in the wake of initiatives already

defended in previous legislatures, proposes a global review of the "foreign law"

having as a basis some key aspects, from among which it is important to highlight:

-The conversion of the residence visa and the residence permit into a scheme

rule for admission and for regularisation of stay in Portugal for the

exercise of a professional activity on a per account or per account

own, as well as to pursue activities of study, training or

of scientific research.

-The consequent elimination of the figure of work and study visas,

replaced with residence visas, to be granted in accordance with the purposes


-The clarification of the concept of the resident, according to a concept less

restrictive that the current one.

-The elimination of "stay permits", guaranteeing citizens by

it covered the right to obtain a residence permit to be granted


-The abandonment of the failed quota policies for immigrants in accessing the

labour market.

-The limitation of the discretionary powers of the Office of Foreign and Border Protection,

specifically on the expulsion of foreign citizens, strengthening the

guarantees of these as to the possibility of judicially resorting, with useful effect,

of the administrative decisions that affect their rights.

-The possibility of the granting of residence permit to citizens

foreigners who have contracts for work in Portugal.


-The elimination of criteria of economic selectivity in the renewal of

residence permits

-The elimination of obstacles and restrictions on the right to family reunification,

particularly with the recognition of the de facto union.

-The recognition of a legal status that does not acentue discrimination between

people of the same household.

-The special concern about the situation of children and minors in general,

giving them special protection when unaccompanied, extending the

right to family reunification and preventing the application of accessory feathers

of expulsion to defendants who have minor children in Portugal.

-The reduction of the period of residence required for obtaining permission from

permanent residence.

-Very significant reduction in the possibility of application of accessory feathers

of expulsion, excluding from all such application in cases where citizens

foreigners possess permanent residence permit in Portugal, have

born in Portugal and here reside, find themselves habitually in Portugal

from the age of less than 10 years or have minor children residing in Portugal.

Even in the remaining cases, the incidental penalty of expulsion may not be

applied without there being a concrete assessment of their justification, taking into account the

family situation of the accused.

-The increase in the participation rights of the Advisory Board for the

Immigration Affairs, making it intervene directly in the control of the application

of the legislation on foreigners.

In these terms, under Article 180º (2) (g) of the Constitution and of the

(g) of Rule 11º (1) of the Rules of the Assembly of the Republic, the Group

Parliamentarian of the CFP presents the following Draft Law:

Article 1º

Amended provisions

Articles 3º, 13º, 16º, 22º, 27º, 28º, 29º, 34º, 36º, 37º, 38º, 39º, 41º, 41º, 43º, 43º, 43º, 43º, 43º, 43º, 43º, 43º, 43º, 43º, 43º, 43º, 43º

51ºB, 53º, 56º, 57º, 84º, 85º, 87º, 88º, 89º, 91º, 93º, 92ºA, 97º, 99º, 101º, 101º, 101º, 101º, 101º, 101º, 101º, 101º, 101º, 101º, 101º, 101º, 101º,

105º, 114º, 116º, 121º, 131º, 144º, 149, 149 and 160º of the Decree-Law No. 244/98, 8 of

August, as amended by the Law No. 97/99 of July 26, by the


Decree-Law No. 4/2001, of January 10 and by the Decree-Law No. 34/2003, 25 of

February, shall be replaced by the following:

" Article 3º

Concept of resident

It is considered that they legally reside in Portuguese territory the foreigners who here if

they find, with their situation regularised before the Portuguese authorities, to the

shelter from any of the securities, visas or permits provided for in this Law.

Article 13º

Entry visa

1. (...).

2. (...).

3. You can, however, enter the Country without a visa:

a) Foreign-enabled foreigners with title of residence or other document which, in the

terms of this law, allow to remain in Portugal.

b) foreigners who benefit from an entry visa exemption under the terms of

international instruments of which Portugal is a party.

4. (...).

5. (...).

6 . Of the decision to cancel it is given notice to the High Commissioner for Immigration

and Ethnic Minorities, hereinafter referred to by ACIME and the Advisory Board for the

Matters of Immigration, hereinafter referred to as COCAI, with indication of the respective


Article 16º

Entry and exit of minors

1. (...).

2. (...).

3. (...).

4 (...).


5. To the unaccompanied minors who are awaiting a decision on their admission in the

national territory or on your repatriation should be granted all the support

material and the necessary assistance to the satisfaction of your basic needs of

food, hygiene, accommodation and medical assistance.

6. The unaccompanied minors can only be repatriated to their country of origin or

for third country that is willing to welcome them if there are guarantees that to the

arrival in them are assured of appropriate reception and assistance.

7. As long as there are no guarantees referred to in the preceding paragraph shall be

enabled the permanence of the minors on national territory.

Article 22º

Decision and notification

1. (...).

2. (...).

3. (...).

4. The foreigner who manifests the intention to appeal the decision of refusal of entry

may apply for the suspension of the reembarkation to the judge of the competent court, who will decide

within 48 hours.

5. Previous No. 4.

Article 23º

Judicial challenge

The decision to refuse entry can be judicially charged to the courts

administrative, in the terms of the law.

Article 27º

Types of visas

Abroad can be granted the following types of visas:

a) Visa of scale;

b) Visa of transit;


c) Short-term Visa;

d) Visa of residence;

e) Visa of temporary stay.

Article 28º

Territorial validity

1. (...).

2. The visas referred to in points (d) and (e) of the preceding Article shall be valid only for the

Portuguese territory.

Article 29º

Individual visa and collective visa

1. (...).

2. (...).

3. (...).

4. (...).

5. The visas referred to in points (d) and (e) of Article 27º may be granted only under

individual form.

Article 34º

Visa of residence

1-The residence visa is intended to allow entry into Portuguese territory to your

holder with the end of:

(a) temporarily exercising a professional activity, subordinate or not;

b) Follow a study programme in a teaching establishment officially


c) Realize scientific research work to obtain an academic degree or

of scientific interest evidenced by officially teaching establishment


d) To attend a complementary internship of completed studies in the Country or the



e) To attend stages of companies, public services or training centres that do not

are considered official educational establishments;

f) Family reunification.

2-The residence visa is valid for multiple entries in Portuguese territory and may

be granted for stay up to one year.

Article 35º


Article 36º


Article 37º


Article 38º

Temporary stay visa

1. The temporary stay visa is intended to allow the entry into Portuguese territory to

your holder for:

a) (...);

b) Monitoring of relatives under the conditions laid down in the preceding paragraph, in the

points (b), (c), (d) and (e) of Article 34º;

c) Reassembling the relatives of citizen-holding citizens who, under the law,

allow permanence in Portugal;

d) (...).

2. In the cases of points (b) and (c) of the preceding paragraph, the temporary stay visa allows

to its holder to engage in a professional activity identical to the residence visa.

3. The temporary stay visa is valid for multiple entries on national territory.

4. The validity of the visa granted in accordance with paragraph 1 (a) coincides with the duration

predictive of medical treatment may be extended.


5. The validity of the visa granted in accordance with points (b) and (c) of paragraph 1 shall coincide

with the validity of the visa granted to the accompanying family.

6. Previous No. 5.

Article 39º

Granting of the residence visa

1. (...).

2. The granting of a residence visa for family reunification or for the exercise of

professional activities comply with the provisions of Chapter V and section II of the Chapter


Article 40º

Visas subject to prior consultation

1. Carece of prior consultation with the Foreign and Border Office the granting of

residence visas for the exercise of a professional and a stay activity


2. In urgent and duly justified cases, prior consultation may be waived

when dealing with a visa application for the exercise of a professional activity

independent within the scope of a provision of services.

3. (...).

4. (...).

5. Eliminated.

Article 41º

Offer of employment

The Institute of Employment and Vocational Training, in articulation with the Directorate General

of Consular Affairs and Portuguese Communities, of the Ministry of Business

Foreigners, and with the Foreign and Border Service, will develop, in the framework of

bilateral protocols and agreements, the necessary mechanisms in filling the

unmet job offers at national and community level, provided that the

employer manifests interest in the recruitment of workers from countries

third parties.


Article 43º

Assent to

1. The residence visa for exercise of subordinate work lacks opinion

favourable from the Inspectorate-General for Labour (IGT) or the respective Regional Office,

in the event that the activity is carried out in the Autonomous Regions, upon request of the

Foreign and Border Service pursuant to paragraph 3 of Article 40º, or

application from the employing entity.

2. (...).

3. The opinion focuses on the licensing of the employing entity for the exercise of the

activity and on its degree of compliance with the legality of the working relationships and

of the obligations to Social Security.

Article 51º B

Cancellation of visas

1. (...).

2. Resident and temporary stay visas may still be cancelled when the

respective holder has been the subject of a measure of removal of territory

national and, quite so, when the same, without attentive reasons, if absent from the Country by the

period of two months, during the validity of the visa.

3. (...).

4. (...).

5. (...).

6. (...).

Article 53º

Limits of permanence

1. Extension of stay may be granted:

a) (...);

b) (...);

c) (...);


d) Up to one year, extended by equal periods, if the person concerned is a holder of a visa

of temporary stay;

e) Up to two years if the person concerned is a holder of a residence visa.

2. The granting of an extension of stay may be granted to the relatives of

holders who are in the conditions laid down for family reunification.

3. (...).

4. (...).

5. The limit mentioned in point (d) shall not apply to the visa holders granted in the

terms of points (b) and (d) of paragraph 1 of Article 34º.

6. (...).

7. (...).

8. (...).

9. (...).

Article 56º

Right to family reunification

1. It is recognized the right to family reunification in Portuguese territory to the

foreigners members of the family of a resident citizen who with him lived

in another country, which he relies on, or that with him cohabitating on national territory.

2. The resident citizen who intends to benefit from the right to family reunification

should submit the respective application with the Office of Foreign and Border Patrol and

prove that it has sufficient accommodation and means of livelihoods to supply the

needs of your family, if you are asked.

3. (...).

4. Eliminated.

5. (...)

Article 57º


1. For the purposes of the provisions of the preceding Article, consider members of the family of the



a) The spouse or with whom he / she lives in conditions analogous to those of the spouses there is more than

two years;

b) (...);

c) (...);

d) (...);

e) minor Brothers to his post.

2. (...).

3. The family member will be issued a title of residence of validity identical to that of the


Article 58º

Entry and residence of family members

1. (...).

2. To the member of the family of a citizen holder of a residence permit is

issued a residence permit, temporary or permanent, renewable and

duration identical to that of the resident.

3. Eliminated.

4. Decorrids two years on the issuance of the first authorisation referred to in paragraph 2 and

in so far as they subsist the family ties, or, irrespective of the said

deadline and condition, whenever the beneficiary has minor children residing in

Portugal, members of the family will be entitled to a residence permit


5. (...).

6. Eliminated.

Article 84º

Permanent residence permit

1. (...).

2. (...).

3. In the application for renewal of the residence permit the holder shall be exempted from

new delivery of the documentation, when no changes have occurred that this must



Article 85º

Granting of the permanent residence permit

1. You can benefit from a permanent residence permit the foreigners who:

a) Residam legally in Portuguese territory for at least five years


b) During the last five years of residence in Portuguese territory they have not been

doomed in penalty or feathers that, either isolated or cumulatively, exceed one year of


2. (...).

Article 87º

Dispensation of residence visa

1. Do not lack a visa for obtaining a residence permit the foreigners:

a) (...);

b) (...);

c) (...);

d) (...);

e) (...);

f) (...);

g) (...);

h) (...);

hh) who have legally resided in Portugal during an uninterrupted period of

two years, in the last four;

i) (...);

j) (...);

l) (...);

m) who have been holders of a stay permit for a period

uninterrupted two years;

n) (...);

2. Do not also lack a visa for obtaining a residence permit the

foreigners who, cumulatively:


a) Sejam holders of employment contract proposal with advice from the IGT on the terms

from article 43º;

b) They have not been sentenced by sentence carried forward on trial with custodist punishment

of freedom of the duration of more than six months;

c) They have not been subject to a measure of removal from the Country and find themselves in the

subsequent period of interdiction of entry into national territory;

d) They are not indicated for the purposes of non-admission under the System of

Schengen information by any of the Contracting Parties;

e) are not indicated for non-admission purposes in the Integrated Service System

of foreigners and Borders.

3. Do not lack yet a visa for obtaining a residence permit the

foreigners who demonstrate residir permanently in Portugal there are more than two

years and cumulatively meet the requirements set out in points (b) to and) of the number


4. For the purposes of this article consider members of the family the relatives

referred to in paragraph 1 of Article 57º.

5. From the decision to refuse to residence permit to a citizen who finds himself in

any of the situations referred to in this article, it is up to appeal in the general terms.

Article 88º

Exceptional regime

1. The Ministry of Internal Affairs may, exceptionally, grant

permit of residence for humanitarian or relevant national interest, the

citizens who do not meet the conditions laid down in this Law.

2. (...).

3. The decisions of the Ministry of Internal Affairs on the applications for permission

of residence that are formulated under the exceptional scheme provided for in the

this article shall be duly substantiated and preceded by the opinion of the

Advisory Board for the Affairs of Immigration.

Article 89º

Foreign minors born in the Country


1. (...).

2. For the purpose of issuing the residence permit, it shall owe any of the progenitors

submit the respective application.

3. Should progenitors not submit the application provided for in the preceding paragraph, any

citizen may apply for the curator of minors to be substituted with progenitors and

require the granting of the status to the minors.

Article 91º

Renewal of the residence permit

1. The renewal of the temporary residence permit must be requested by the

interested before expiring their validity.

2. Eliminated.

3. (...)

4. (...).

5. (...).

Article 92º To

Deadline for decision

1. (...).

2. (...).

3. The refusal of renewal of residence permit must be communicated in writing

the person concerned, with the respective statement of reasons.

4. In the case of refusal of renewal of residence permit must be sent copy

of the decision with the respective grounds to the Advisory Board for the Affairs

of Immigration.

5. From refusal to renewal of residence permit rests with appeal in the general terms.

Article 93º

Cancellation of the residence permit

1. (...).

2. (...).


3. Residence permit may also be cancelled when the person concerned, without

attentive reasons, if absent from the Country:

a) being a holder of a temporary residence permit, six months in a row or

twelve interpolated months, in the total period of validity of the permit;

b) (...).

4. (...).

5. Eliminated.

6 (...).

7 (...).

Article 94º


Article 97º

Newsletter of accommodation

1. (...).

2. By each foreign citizen, including nationals of the other member states of the

European Union, is filled in and personally signed a bulletin of accommodation of

model approved by the Portaria No 27-A/2002 of January 4.

3. (...).

4. (...).

Article 98º

Communication of accommodation

1. The exploitative companies of hotel establishments, complementary means of

tourist accommodation or tourist sets, as well as those who provide, by title

onerous, accommodation to foreign citizens, they are required to conserve the respective

accommodation bulletins, in the terms of the previous article.

2. Revogated.

3. The accommodation bulletin can be replaced by lists or magnetic supports,

whenever the hotel establishments have computerised services,

and, however, the provisions of the preceding paragraph shall be observed.


4. (...).

Article 99º

Plea of expulsion

1. Without prejudice to the provisions set out in the treaty or international convention of

that Portugal is a Party, will be expelled from Portuguese territory the foreign citizens:

a) (...).

b) that they attest against national security or public order.

c) Eliminated.

d) Eliminated.

e) (...).

2. (...).

3. (...).

Article 101º

Expulsion incidental penalty

1. (...).

2. (...).

3. The incidental penalty of expulsion may not be applied to foreigners who:

a) Possuam permanent residence permit in Portugal;

b) Tenham born in Portugal and here resided;

c) If they find in Portugal since age of less than 10 years and here reside


d) Have smaller children in Portugal.

4. The accessory penalty of expulsion can only be applied when it is shown

indispensable for the prevention of criminal offences, and must always be assessed in

concrete to their need and justification, taking into account the family situation of the accused

and in particular of their spouse, descendants and ancestry.

5. (...).

Article 105º

Entry interdiction deadline


Abroad expelled is vgranted entry into national territory by period a

determine in the sentencing sentence, not less than three years.

Article 114º

Content of the decision

1. (...).

2. (...).

3. (...).

4. The inscriptions in the Schengen Information System and the national list of persons not

admissible will be officiously withdrawn after the cessation of the interdiction period of

entry into Portugal and in case of appeal of the decision of expulsion.

Article 116º


1. (...).

2. The feature has suspensive effect.

3. (...).

Article 121º


Of the expulsion decision handed down by the Director of the Service and Borders is up to appeal

direct to the Administrative Court of Circle of Lisbon.

Article 131º


From the decision determining the referral of the foreign citizen to the requested State

is up to appeal in the general terms.

Article 139º


Exemption or reduction of fees

1. (...).

2. Are exempt from fee:

a) (...);

b) Study visas and extensions of stay granted to foreigners who

benefit from scholarships awarded by the Portuguese State;

c) (...).

3. (...).

Article 149º

Lack of compliance with accommodation

1. For each bulletin of accommodation that cede to be submitted under paragraph 1 of the

Article 98º or by each foreign citizen not registered in the list or in support

magnetic in accordance with the provisions of numbers 3 and 4 of the same article is

applied a fine of € 100 a € 500.

2. (...).

Article 144º

Exercise of unauthorized professional activity

1. (...).

2. (...).

3. (...).

4. (...).

5. (...).

6. (...).

7. Constitutes very serious infringement of the failure to meet the obligations set out in the

numbers 4 and 5, to which it is sanctioned with the implementation of the penalties provided for in the legislation

labour, pursuant to the provisions of Law No. 99/2003 of August 27, regulated by the

Law No. 35/2004 of July 29.

8. (...).


Article 160º

Duty of collaboration

1. All services and bodies of central, regional and local public administration,

public legal persons, companies of total or majority capital or public or

public service dealerships have a duty to make sure that the entities

with which they celebrate, directly or indirectly, administrative contracts do not

receive work provided by foreign citizens in illegal situation.

2. All entities referred to in the preceding paragraph may rescind, with just cause, the

contracts concluded if, at a later date to your outorga, the entities with whom they have

hired to receive work provided by foreign nationals in illegal situation. "

Article 2º

Provisions added

The Article 25º to the Decree-Law No. 244/98 of August 8, as amended, is added

it was given by Law No. 97/99 of July 26 by the Decree-Law No. 4/2001 of 10 of

January and by the Decree-Law No. 34/2003 of February 25, with the following:

" Article 25º To

Input interdiction feature

From the refusal of entry on grounds of any of the interdiction grounds referred to in the

previous article It is up to appeal in the terms set out in Articles 22º and 23º of this Law. "

2-The XII-A Chapter is added, with Articles 154º-A, 154-B and 154º-C to the Decree-Law No.

244/98, of August 8, as amended by Law No. 97/99, 26 of

July, by the Decree-Law No. 4/2001, of January 10 and by the Decree-Law No. 34/2003, of

February 25, with the following wording:

" Chapter XII-A

Regime of Regularization

Article 154º-A



1-The SEF, whenever it ends a process of regularization of foreign citizen to

living in Portugal communicates for due effects, including that of enrollment

automatic, to the Finance Breakdown and the Social Security Centre of the area of

residence and still to the General Inspectorate of Labour the data deemed indispensable

to the respective inscription.

2-The Government will take the measures deemed necessary, of a regulatory nature and

administrative, with a view to the implementation of the communication referred to in the preceding paragraph.

Article 154º-B

Decision to expulsion

In the framework of the regularization process, they are not expelled from the Portuguese territory the

foreign citizens who voluntarily present themselves in the SEF except in the following


a) who attest against security and public order;

b) Cuja presence or activities in the Country constitute threat to the interests or the

dignity of the Portuguese State or its nationals;

c) that they interfere in an abusive manner in the exercise of political participation rights

reserved for national citizens;

d) who have practiced acts which, if they were known to the authorities

Portuguese, would have hindered their entry into the Country.

Article 154º-C

Dispensation of fine

The foreign citizens who voluntarily trigger their process of

regularization are not subject to the payment of fine by the illegal stay in the

Country. "

Article 3º

Transitional arrangements


1. Citizens who find themselves in Portugal under the permission to stay

obtained pursuant to Article 55º of the Decree-Law No. 244/98 of August 8 with the

wording given to it by Law No. 97/99 of July 26 by the Decree-Law No. 4/2001,

of January 10 and by the Decree-Law No. 34/2003 of February 25, acquire, with the

entry into force of this Law, the right to the residence permit to be issued by the

service of foreigners and Borders.

2. Up to the issue of the title of residence referred to in the preceding paragraph the title of

permission to stay works as a provisional residence permit.

3. The time of stay in Portugal authorised under Article 55º of the Decree-

Law No. 244/98 of August 8, as amended by Law No. 97/99, of 26

of July, by the Decree-Law No. 4/2001 of January 10 and by the Decree-Law No. 34/2003,

of February 25, account for the purpose of granting of residence permit

permanent pursuant to Art. 85º of that diploma.

Assembly of the Republic, April 11, 2006

The Deputies