Key Benefits:
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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)
Preamble
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
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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
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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
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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
required.
-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
officiously.
-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.
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-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
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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
fundamentals.
Article 16º
Entry and exit of minors
1. (...).
2. (...).
3. (...).
4 (...).
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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;
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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
recognized;
c) Realize scientific research work to obtain an academic degree or
of scientific interest evidenced by officially teaching establishment
recognized;
d) To attend a complementary internship of completed studies in the Country or the
foreign;
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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
Revoked.
Article 36º
Revoked.
Article 37º
Revoked.
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.
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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
III.
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
temporary.
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.
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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) (...);
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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
Recipients
1. For the purposes of the provisions of the preceding Article, consider members of the family of the
resident:
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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
applicant.
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
autonomous.
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
comprove.
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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
consecutively;
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
prison.
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:
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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
previous.
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
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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. (...).
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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
Revoked.
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.
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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
usually;
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
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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
Feature
1. (...).
2. The feature has suspensive effect.
3. (...).
Article 121º
Feature
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
Feature
From the decision determining the referral of the foreign citizen to the requested State
is up to appeal in the general terms.
Article 139º
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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. (...).
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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
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Communication
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
situations:
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
23
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