IMMIGRATION IN PORTUGAL USEFUL INFORMATION

Transcription

1 IMMIGRATION IN PORTUGAL USEFUL INFORMATION 2004/2005

2 IMMIGRATION IN PORTUGAL USEFUL INFORMATION 2004/2005 1

3 IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT 2

4 TABLE OF CONTENTS Immigration in Portugal The Legal Context 06 Family Reunion 38 Access to Health Care 54 Access to Education 84 Recognition of Academic Diplomas and Professional Skills 94 The Portuguese Nationality Law 134 Voluntary Return 150 ACIME Services 2004/

5 IMMIGRATION IN PORTUGAL - USEFUL INFORMATION 4

6 This guide is a compilation of information about the rights and responsibilities of immigrants who have chosen Portugal as a host country. It is organised by chapters, each referring to a specific area: immigration law, family reunion, access to health care, access to education, recognition of academic diplomas and professional skills, the Portuguese Nationality Law and voluntary return. To facilitate use, each block of information is colour-coded and followed by various useful contacts. The last chapter contains information about ACIME and services available to users, as well as details of its national information network and useful contacts. 5

7 IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT 6

8 IMMIGRATION IN PORTUGAL THE LEGAL CONTEXT DECREE-LAW NO. 34/2003, 25 FEBRUARY. This Immigration Law regulates the conditions of entry, permanent stay, departure and banning of foreigners from Portuguese territory. This first chapter has a number of aims. On the one hand, it seeks to explain how entry into Portugal should be carried out, what types of visa exist, what permission to stay and permission to reside mean, and the procedures for expulsion. On the other hand, it seeks to clarify where particular applications should be handed in and which documentation should accompany these applications. Being a summary, this information cannot hope to answer all the questions which can be put for each concrete case. For this reason, in the case of any doubt, please get in touch with the High Commissioner for Immigration and Minorities (Alto Comissariado para a Imigração e Minorias Étnicas ACIME) or use the SOS Immigrant Help Line ( ). INTRODUCTION 7

9 WHAT ARE THE REQUIREMENTS FOR ENTRY INTO PORTUGAL? To enter Portugal foreigners must: IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT 1. Be holders of a valid and recognised travel document (passport). This should be valid for a period of time of at least three months greater than the envisaged period of stay, except in the case of a foreigner resident in the country who is returning; 2. Be holders of an entry visa which is both valid and appropriate for the intended purpose of the journey (the visa only gives the holder the right to present himself at a border post and request entry to the country, and does not confer an automatic right to enter Portugal); 3. Have enough means of subsistence, both for the period of stay, and for the journey back to the country to which you are guaranteed admission (these means of substance requirements may be dispensed with if a document assuming responsibility is presented which has been issued by a Portuguese or foreign citizen in possession of a residence permit, permission to stay status, a work visa, a temporary study and stay visa, which guarantees food and accommodation for the foreigner during the period of stay). CAN I ENTER PORTUGAL WITHOUT A VISA? Foreigners may enter Portugal without a visa under the following conditions: 1. Foreigners who have a valid residence permit, permission to stay permit, extension of stay permit or, in the case of diplomatic and consular staff accredited in Portugal, in possession of an Identity Card issued by the Ministry of Foreign Affairs, as long as these documents have not expired; 2. Foreigners who benefit, under the aforementioned regime, from the terms and accords of any international agreement to which Portugal is a signatory. 8

10 WHAT TYPES OF VISA ARE THERE? There are visas that are issued abroad and those which are issued at border posts. WHAT TYPES OF VISA ARE ISSUED ABROAD? In the Portuguese embassies and consular posts various types of visa can be issued. Each visa serves a distinct purpose, is valid for a certain period of time and only grants temporary stay in the country for the purpose for which the visa was granted. The following types of visa exist: 1. stopover visa; 2. transit visa; 3. short stay visa; 4. residence visa; 5. study visa; 6. work visa; 7. temporary stay visa. WHAT IS A STOPOVER VISA? It allows the holder to use it for an international travel connection, while passing through an airport or port, with the foreigner only having access to the international part of the airport or maritime port. WHAT IS A TRANSIT VISA? It allows the holder to temporarily enter Portugal while on route to another country which has granted him admission. The maximum duration of such a transit stay is five days. WHAT IS A SHORT STAY VISA? It allows the holder to enter Portugal for reasons which are accepted by the relevant authorities, but which do not justify the granting of another kind of visa. This visa can be issued for a period of validity/use of up to one year, but the period of authorized residence in Portugal which this visa covers is 90 days per half-yearly period. 9

11 WHAT IS A STUDY VISA? It allows the holder to enter Portugal in order to: IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT 1. Follow a programme of studies in an officially recognised educational institution; 2. Carry out scientific research as part of an academic degree, or which is of scientific interest to an officially recognised educational institution; 3. Carry out an internship to conclude studies either abroad or in this country; 4. Carry out internships in companies, the Civil Service or training centres that are not considered official educational institutions. This visa is issued for periods of up to one year. IF I AM THE HOLDER OF A STUDY VISA AM I ENTITLED TO WORK? The holder of a study visit who seeks to carry out professional activity in addition to studies should put his/her request in writing to the Service for Border Control and Aliens (Serviço de Estrangeiros e Fronteiras - SEF), along with a work contract which should previously have been handed in to The Inspectorate General of Work (Inspecção Geral do Trabalho IGT). If you are a holder of a study visit and you are authorised to carry out professional activities, you should inform the Institute of Employment and Professional Training (Instituto do Emprego e Formação Profissional - IEFP) in advance of any intention to alter your professional activities. If the activity which you wish to carry out does not form part of the list indicating employment opportunities or exceeds the number of vacancies specified there, IEFP will inform you that the alteration is not possible. WHAT IS A WORK PERMIT? It allows the holder to enter Portugal in order to temporarily carry out a professional activity, whether employed or not. 10

12 This visa can be granted to allow residence in Portugal for periods of up to one year. Holders of a work permit should inform IEFP of any intention to alter their professional activities in advance. If the activity wished to be carried out does not form part of the list indicating employment opportunities or exceeds the number of vacancies specified there, IEFP will inform you that the alteration is not possible. WHAT KINDS OF WORK PERMIT ARE THERE? The following types of work permit exist: 1. Work permit I to carry out a professional activity within the fields of sport or entertainment; 2. Work permit II to carry out a professional activity which involves scientific research or which presupposes highly qualified technical knowledge, which in either case must be suitably verified by the relevant branch of the public administration; 3. Work permit III to carry out independent professional activity which provides a professional service; 4. Work permit IV - to carry out employed professional activity. WHAT IS A TEMPORARY STAY VISA? This is aimed at allowing people to enter Portugal in order to: 1. Receive medical treatment in official or officially recognised medical facilities; 2. Accompany family members who come for the reason outlined in the previous paragraph, family members who have a study visa or family members who have a work permit. For such purposes, the following are considered family members: a) the spouse; b) children who are minors or handicapped and for whom the couple or one of spouses is responsible; 11

13 IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT c) minors adopted by either the applicant or spouse; d) directly related members of the family of the resident or spouse, provided they are their responsibility; e) brothers and sisters who are minors provided they are the responsibility of the resident; 3. Family reunion for members who have permission to stay status in this case the request for a temporary stay visa can only be granted after a year has passed since the granting of the permission to stay status to the member of the family (for more information on this you should consult the next section on family reunion); 4. Exceptional cases which are well substantiated. This visa can be granted for periods of stay of up to a year. IF I AM THE HOLDER OF A TEMPORARY STAY VISA, CAN I WORK? The carrying out of employed professional activity by the holder of a temporary stay visa is dependent on the establishing of certain circumstances having occurred after his/her entry into national territory which justifies this. The carrying out of professional activity is dependent on the combined verification of the following conditions: a) legitimate entry into national territory at least 6 months previously; b) the occurrence of a new event after legitimate entry into national territory which justifies the need to supplement the economic means of the family unit. The request for recognition of this exception should be handed in at the Regional Branch of the Service for Border Control and Aliens (SEF) in your area of residence. However, a positive response by SEF to the request does not authorise the carrying out of employed professional activity this authorisation is dependent on the future 12

14 handing in to SEF of a proper work contact proposal which has received a favourable ruling from IGT, accompanied by a document issued by IEFP affirming its compliance with the list of employment opportunities. It is necessary to pay a fee as part of the process of granting authorisation for the carrying out of employed professional activity. It should also be noted that the holders of temporary stay visas who are authorised to carry out professional activity should inform IEFP in advance of any intention to alter their professional activities. If the activity wished to be carried out does not form part of the list indicating employment opportunities or exceeds the number of vacancies specified there, IEFP will inform you that the alteration is not possible. WHAT IS A RESIDENCE VISA? It allows the holder to enter Portugal with a view to applying for a residence permit. This visa allows the holder to remain in Portugal for six months. DOES THIS MEAN THAT IF I HAVE A RESIDENCE VISA I AM NOT CONSIDERED A RESIDENT? No. Someone having a residence visa is not yet a resident, but only authorised to apply for a residence permit. I AM THE HOLDER OF A RESIDENCE VISA. CAN I BE REFUSED PERMISSION TO RESIDE IN PORTUGAL? Yes, the fact of being in possession of a residence visa does not oblige the Service for Border Control and Aliens (SEF) to grant you authorisation to reside. Additional criteria have to be satisfied. WHICH CRITERIA ARE TAKEN INTO ACCOUNT WHEN CONSIDERING A REQUEST FOR A RESIDENT VISA? In considering a request for a residence visa, the following criteria will be taken into account: 1. The reason why the stay is being requested and its chance of success - for example, family reunion (the applicant must hand in a statement giving the reason for the request); 13

15 2. Means of subsistence which the applicant has to live in the country (regarding the means through which this proof can be established you should consult the Regulatory Decree (Decreto Regulamentar) which is available at www. acime.gov.pt (those applying for visas whose requests are being made following a favourable decision regarding family reunion are not required to provide proof of subsistence and conditions of accommodation); 3. Accommodation conditions. IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT I HAVE ARRIVED IN PORTUGAL WITHOUT A VISA. WHAT CAN I DO? At the border posts the Director-General of SEF can grant the following types of visa: 1. Transit visa; 2. Short stay visa; 3. Special visa. WHAT IS A SPECIAL VISA? Due to humanitarian or national interest reasons, recognised by an Order issued by the Home Secretary, a visa to enter and temporarily stay in the country may be granted to foreigners who do not meet all the necessary legal conditions for such a visa. I AM A RELATIVE OF A PORTUGUESE CITIZEN. ARE THE CONDITIONS UNDER WHICH I ENTER PORTU- GAL IDENTICAL TO WHAT HAS BEEN DESCRIBED ABOVE? Foreign relatives of a Portuguese family are entitled to the same rights as those granted to relatives of other citizens of the European Union, a condition outlined in Decree-Law No. 60/93, 3 March, along with the alterations introduced by Decree-Law 250/98, 11 August (this legislation is available for consultation at pt). In such cases a residence card is issued in accordance with the provisions outlined in the previously mentioned Decree-Law. 14

16 WHICH RELATIVES ARE INCLUDED IN THIS? For the purposes under consideration the following are considered relatives: 1. The spouse or individual who has lived with the other in conditions similar to that of two spouses for more than two years; 2. Children who are less than 21 years of age or for whom they are legally responsible; 3. Older relatives of the Portuguese citizen or the respective spouse for whom they are legally responsible; 4. Any other relative of the Portuguese citizen or spouse, as long as they are the legal responsibility of the former or the person he or she cohabits with in the country of their normal residence. CAN MY ENTRY VISA TO PORTUGAL BE ANNULLED? Yes. The visa may be annulled by the issuing agency abroad or by the Service for Border Control and Aliens (SEF) in Portugal. ON WHAT GROUNDS CAN MY ENTRY VISA BE ANNULLED? The visa can be annulled when reasons for non-admission are given by the Schengen Information System, the Integrated Information System of the Service for Border Control and Aliens (SEF), or when the holder has made false declarations when requesting the granting of the visa. CAN I BE REFUSED ENTRY TO PORTUGAL? Your entry into Portugal can be refused on the following grounds: 1. You are not the holder of a valid recognised travel document (passport); 2. You are not the holder of a valid visa suitable for the purpose of your journey; 3. If you have presented a travel document that is false, has been falsified, belonging to another or illegally obtained; 15

17 4. You do not have sufficient means for subsistence; 5. You constitute a danger or serious threat to public order, national safety or international relations; 6. If a measure prohibiting entry is in force. The decision regarding the refusal of entry into Portugal is the responsibility of the Director-General of SEF. IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT WHAT CAN I DO IN RESPONSE TO THE REFUSAL TO ALLOW ENTRY? The decision to refuse entry can be legally contested in the Administrative Courts. BY CONTESTING THE DECISION CAN I BE ALLOWED TO ENTER THE COUNTRY? No. Contesting the decision questions the ruling but does not suspend the decision to refuse entry. WHAT RIGHTS DO I HAVE AS A FOREIGNER WHO HAS NOT BEEN ADMITTED? During your stay in the international zone of an airport or at a temporary reception centre, the foreigner who has been refused entry into Portugal can communicate with the diplomatic or consular representative of his/her country or any person of his/her choice. He or she can also use the services of an interpreter and have access to health care, including the presence of a doctor, where necessary. He/She may also be seen by a freely chosen lawyer, with the individual bearing the respective costs of this. CAN I BE BANNED FROM ENTRY INTO PORTUGAL? Foreigners can be banned from entry into Portugal when: 1. The Schengen Information System provides information to this effect; 2. They are on the national list of inadmissible people, due to for example: a) having been expelled from the country; b) having been redirected to another host country through a readmission agreement; 16

18 c) having been sentenced by a court to imprisonment for a period of not less than one year; d) having received support from the Portuguese State to return to their country of origin; e) having been taken to the frontier. CAN MY ENTRY VISA BE CANCELLED? Visas can be cancelled in the following situations: 1. When the holder has not satisfied or no longer satisfies the conditions established for the granting of the visa; 2. When they have been issued based on false declarations, using fraudulent means or through stating different reasons for entry to those which are the actual ones used by the holder to enter the country; 3. When the reasons for the granting of the visa no longer exist. The cancelling of visas falls under the remit of the Home Secretary, who may delegate this power to the Director- General of SEF. WHAT IS PERMISSION TO STAY STATUS? It is a legal mechanism established by Decree-Law No. 4/2001, 10 January, which enables the granting of permission to stay status to foreigners who are in Portugal, who are not holders of a suitable visa and who satisfy the following conditions: 1. They are holders of an employment contract or proposed employment contract which has received a favourable report from the Institute for Development and Inspection of Working Conditions (Instituto de Desenvolvimento e Inspecção das Condições de Trabalho IDICT) 2. They have not been sentenced by a court to imprisonment for a period of greater than six months; 17

19 3. They have not previously been expelled from the country and subsequently been the subject of a banning order regarding entry into Portugal; 4. None of the interested parties are included in the Schengen Information System as being inadmissible for entry; 5. They are not included in the SEF integrated information system as being inadmissible for entry. IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT HOW CAN I ASK FOR PERMISSION TO STAY STATUS? The new immigration law has revoked permission to stay status - that is, a request can no longer be submitted. DOES THIS MEAN THAT I CAN NO LONGER OBTAIN PERMISSION TO STAY STATUS? No. The content of the new law does not prejudice those requests for permission to stay status that are still pending and which were submitted while the status was still in force. But if you have not already submitted a request in this regard, it is no longer possible to do so. The granting of permission to stay status in relation to the requests that are still pending can be given to foreign citizens who meet the following conditions: a) They are holders of a proposed work contract with a favourable report from the Inspectorate General of Work (Inspecção Geral do Trabalho IGT); b) They have not been sentenced by a court to imprisonment for a period of greater than six months; c) They have not previously been expelled from the country and subsequently been the subject of a banning order regarding entry into Portugal; d) They are not included in the Schengen Information System as being inadmissible for entry; e) They are not included in the SEF integrated information system as being inadmissible for entry. 18

20 The granting of permission to stay status falls under the remit of the Director-General of SEF. CAN I EXTEND MY PERMISSION TO STAY STATUS? Yes. Permission to stay authorisations which have already been issued may be extended for annual periods, as long as the holder is carrying out contracted employment at the time the extension request is submitted; the maximum period that permission to stay status is granted is five years, counting from the date when the status was first granted. If at the time the extension request is submitted the applicant is unemployed yet looking for employment, the extension can be made up to 60 days later if in the meanwhile the applicant can show that employment has commenced. WHAT DO I HAVE TO DO TO EXTEND MY PERMISSION TO STAY STATUS? You should go to a Branch, Regional Branch or Public Reception Post of SEF which have specifically been set up for this purpose (Lisbon, Setúbal, Santarém, Coimbra and Faro) in the area where you work, and bring a: 1. Valid passport; 2. Criminal Record Certificate; 3. Duplicate copy of the submitted IRS tax declaration from the previous year; 4. Statement from your employer affirming your employment; 5. Copy of your statement of earnings submitted to Social Security; 6. Work contract, where you have changed employer, handed in and made known to IGT. Note: It is not necessary to submit the extension request to the same Branch, Regional Branch or Public Reception Post which issued your permission to stay status. The granting of an extension to a permission to stay status falls under the remit of the Director-General of SEF. 19

21 WHEN SHOULD I ASK FOR AN EXTENSION TO MY PERMISSION TO STAY STATUS? The extension should be applied for by the date which corresponds to the expiry date of your permission to stay status or, exceptionally, after this date, but never more than 60 days after its expiry date. If 60 days have passed your request for an extension will not be granted. IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT DO I HAVE TO PAY TO ASK FOR PERMISSION TO STAY STATUS OR TO ASK FOR AN EXTENSION? To grant or extend permission to stay status a charge corresponding to 75 Euros is levied. (Ministerial Order Portaria No. 27-A/2002, 4 January). ON WHAT GROUNDS CAN MY PERMISSION TO STAY STATUS BE CANCELLED? Permission to stay status is cancelled in the following situations: a) When the holder is the subject of an expulsion decision; b) When it was issued or extended on the basis of false information or through the use of fraudulent means; c) When the holder has been absent from the country, without justified reason, for a period equal to or greater than two months, during the validity of the same (absence beyond these limits must be justified in a request submitted to SEF before the departure of the citizen or, in exceptional cases, after departure); d) When the reasons which led to its concession no longer hold. The cancelling of permission to stay status falls under the remit of the Director-General of SEF. The cancellation must be notified to the interested party with an indication of the grounds for the decision, and implies the annulment of the document. 20

22 MY VISA HAS EXPIRED. WHAT SHOULD I DO TO REMAIN IN PORTUGAL? If you wish to remain in Portugal for a longer period than you were initially granted on entry, you should request the Director-General of SEF for an extension to your stay, and this will only be granted if the same reasons which led to the decision to allow you to enter the country are still present (except for clearly justified cases). Please note that requests for an extension of stay will not be granted if they are handed in 60 days after the expiry date of the existing period of stay (30 days in the case of short stay visas). ARE THERE LIMITS REGARDING THE EXTENSION OF MY STAY? Extension of stay is for a limited period of time, which varies according to the reason given to justify the request, as well as the type of visa being considered, and also varies according to each case and the collection of documents which must be handed in - to know which documents should be handed in, you should consult the Regulatory Degree (Decreto Regularmentar) available at www. acime.gov.pt). Extension of stay may be granted: 1. For up to 5 days, in the case of a transit visa; 2. For up to 60 days, in the case of a special visa; 3. For up to 90 days, extendable for an equal period, in the case of a short stay visa or where a visa is not required (in exceptional cases this may be extended beyond this limit); 4. For up to 1 year, extendable for equal periods, in the case of a study visa or temporary stay visa (this limit does not apply to study visas for a programme of studies or for supplementary work experience as part of a study programme. In exceptional cases this may be extended beyond this limit; 5. For up to two years, in the case of a work visa. In exceptional cases this may be extended beyond this limit. 21

23 AND WHAT ABOUT MY RELATIVES? For exceptional reasons, having occurred after legal entry into Portugal, an extension of stay of relatives who are holders of study visas, temporary stay visas, work visas and permission to stay status may be granted. This request should be accompanied by any necessary documentation which relates to the purpose for which the request for an extension is being made, and proof that the applicant has regular permanent status, or proof of any justification made. IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT This request will be considered taking into consideration humanitarian reasons, force majeure motives or mitigating personal or professional circumstances. However, the validity and period of extension of stay can never be greater than the validity and period of extension of the visa granted to the relative. WHICH RELATIVES DOES THIS CONCERN? This concerns: a) the spouse; b) children who are minors or handicapped and for whom the couple or one of spouses is responsible; c) minors adopted by either the applicant or spouse; d) directly related members of the family of the resident or spouse, provided they are their responsibility; e) brothers and sisters who are minors provided they are the responsibility of the resident; WHO IS CONSIDERED A RESIDENT UNDER THE PRESENT IMMIGRATION LAW? The present law considers a resident to be a foreigner who is in possession of a valid residence permit document (título válido de autorização de residência) in Portugal. The previous law considered a resident to be a foreigner who is in possession of a valid residence document (título válido de residência) in Portugal. 22

24 WHAT IS A RESIDENCE PERMIT? A residence permit is a document that is issued in the form of a residence permit that permits foreign citizens to remain in Portugal for a certain period of time or for an indefinite period of time. There are two types of residence permit: temporary and permanent. WHICH IDENTIFICATION DOCUMENTS DO I NEED TO HAVE? The residence permit substitutes, to all intents and purposes, the identity card of a foreign citizen. The residence permit is the only identification document that can prove legally resident status in Portugal. WHICH CONDITIONS TO I HAVE TO MEET IN ORDER TO APPLY FOR A RESIDENCE PERMIT? To be granted a residence permit, the applicant must meet the following conditions: 1. Be in possession of a valid residence visa, which has been issued to allow entry into Portuguese territory to immigrants who wish to apply for a residence permit. This visa is valid for a period of six months and allows two entries into the country; 2. Present in Portuguese territory; 3. The non-existence of any fact that, if known by the authorities before the granting of the residence permit, would be an obstacle to the issuing of the same. WHAT IS A TEMPORARY RESIDENCE PERMIT? A temporary residence permit has the following characteristics: 1. It is valid for a period of two years from the date of issue of the permit; 2. It is renewable for successive periods of three years; 3. The residence permit must be renewed whenever any personal identification details contained in the document change; 23

25 4. It is possible for there to be situations in which the need for a residence visa can be dispensed with in order to obtain the residence permit (mentioned in advance). WHAT IS A PERMANENT RESIDENCE PERMIT? A permanent residence permit has the following characteristics: IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT 1. It has no expiry date; 2. The residence permit must be renewed every five years or whenever necessary that is, whenever any personal identification details change. WHO CAN APPLY FOR A PERMANENT RESIDENCE PERMIT? The foreigners who can obtain a permanent residence permit are those who cumulatively: 1. Have legally resided in Portugal for at least 5 or 8 years, depending whether the citizen is, respectively, from a country where Portuguese is an official language, or from another country; 2. During the last 5 or 8 years of residence in Portuguese territory, as previously detailed, they have not been condemned and sentenced, either singularly or cumulatively, to more than one year in prison. WHERE CAN I ASK FOR A RESIDENCE PERMIT? A request for a Residence Permit must be handed in to the Regional Branch of the Service for Border Control and Aliens (Serviço de Estrangeiros e Fronteiras SEF) in your area of residence, through the completion and signing of an application form (or signed by a legal representative when the application concerns minors under 10 years of age or handicapped persons). This application form should be handed in along with the following documents: 1. Passport or other valid identification document; 24

26 2. Valid residence visa, except when not required; 3. Proof of means of subsistence; 4. Document verifying place of abode; 5. Documents proving a family connection, where required; 6. Certificate of consular registration. Requests for the granting of a permanent residence permit must, in addition to providing proof of means of subsistence and place of abode, also be accompanied by a Criminal Record Certificate and a duplicate copy of the submitted IRS tax declaration from the previous year. The Service for Border Control and Aliens (SEF) will make a decision regarding the granting or not of the residence permit within a period of 60 days. DO I NEED TO MAKE ANY PAYMENT REGARDING THE GRANTING OF A RESIDENCE PERMIT? There is a fee to be paid when submitting a request to be granted a residence permit. IN WHICH SITUATIONS CAN A RESIDENCE VISA BE DISPENSED WITH IN ORDER TO OBTAIN A RESIDEN- CE PERMIT? A residence visa is not required to obtain a residence permit for foreigners in the following situations: a) minors, children of foreign citizens, born in Portuguese territory, who are entitled to the same residence status which has been granted to either of their biological parents (in order to issue the residence permit document, one of the parents should submit the necessary request within six months of the registration of the birth of the minor); b) relatives of national citizens and citizens who are nationals of states who are signatories to the treaty concerning the European Economic Area; c) those who no longer have the right to asylum in Portugal, through the reasons for the initial granting of this right having ceased to exist and which had hitherto allowed them this protection; 25

27 IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT d) those who suffer from a disease which requires prolonged medical assistance which impedes their returning to their country, so as to avoid prejudicing the health of the individual; e) minors in one of the situations covered by the content of Article 1921(1) of the Civil Code (Codigo Civil); f) those who have completed their military service for the Portuguese Armed Forces; g) those whose activities in the scientific, cultural, economic or social areas is considered as being of essential interest to the country; h) those who cohabit as common law spouses with a Portuguese citizen, with a national citizen of a country which is a signatory to the treaty of the European Economic Area or with a foreign resident as far as the law is concerned (common law spouses of resident citizens must have been in this situation for at least two years and where the family member regularly resides in national territory); i) those who have not left national territory and whose right to reside has expired; j) those who have children who are minors and resident in Portugal or who have Portuguese nationality and for whom they are legally parents and economically sustain and bring them up. l) those who have been holders of work permits for an uninterrupted period of three years. m) those who have been holders of a residence permit for an uninterrupted period of five years; n) members of embassies and consuls and their respective spouses, and children and parents they are responsible for, who have been accredited in Portugal for a period of not less than 3 years. In the cases where a request can be made for a residence permit without the need for a residence visa, the documents needed vary according to the particular situation of each case and the reason that allows the residence visa to be dispensed with. 26

28 ARE THERE OTHER CASES IN WHICH A RESIDENCE VISA CAN BE DISPENSED WITH IN ORDER TO OB- TAIN A RESIDENCE PERMIT? Besides the situations mentioned above, a residence visa is not required to obtain a residence permit for foreign minors born in national territory until the coming into force of Decree-Law No. 34/2003, 25 February, that is, until 12 March 2003 and who have not been away from Portugal. This right is granted independently of the status of their biological parents (who do not need to be legal residents). IF I DO NOT MEET THE CONDITIONS REQUIRED, DO I HAVE ANY OTHER WAY OF OBTAINING A RESI- DENCE PERMIT? When it is shown that a case involves exceptional circumstances not covered by the situations relating to family reunion or the dispensing of the need for a residence visa, a residence permit can be exceptionally issued to foreign citizens who do not meet the conditions required, if this is in the national interest. This decision falls under the remit of the Home Secretary, following a proposal from the Director-General of SEF or through the initiative of the Home Secretary him/herself. HOW CAN I RENEW MY RESIDENCE PERMIT? A request to renew a residence permit must be handed in at the Regional Branch of SEF in your area of residence, through a form that must be completed and signed by yourself (or by a legal representative in the case of minors under the age of 10 or handicapped persons). The request for renewal must be accompanied by proof of means of subsidence, a Criminal Record Certificate and a document verifying place of abode. WHEN SHOULD I REQUEST THE RENEWAL OF MY RESIDENCE PERMIT? The renewal of a temporary residence permit should be requested by the interested party up to 30 days before its expiry date. For the period of one year following the expiry date of the temporary residence permit you can still request its renewal but in this case you will be subject to the payment of a fine. However, if you do not request the renewal of your residence permit within the period of one year after its expiry date, you will lose your right to residence. 27

29 WHAT CRITERIA ARE USED WHEN CONSIDERING RENEWAL? When considering renewal, the Service for Border Control and Aliens (Serviço de Estrangeiros e Fronteiras SEF ) will bear in mind the following criteria: 1. Means of subsistence demonstrated by the interested party; 2. Housing conditions; 3. Compliance with Portuguese legislation by the interested party, namely laws concerning foreigners. IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT The decision concerning the request for renewal made by the Service for Border Control and Aliens (SEF) must be given within a period of 30 days, after which the request must be considered as successful. AM I GIVEN ANY PROOF THAT I HAVE HANDED IN A REQUEST FOR THE GRANTING OR RENEWAL OF A RESIDENCE PERMIT? These requests are registered when they are handed in and you will be given a receipt slip upon delivery of your application, which is valid for 60 days. DO I NEED TO MAKE ANY PAYMENT REGARDING THE RENEWAL OF MY RESIDENCE PERMIT? There is a fee to be paid when submitting a request for the renewal of a residence permit. I HAVE LOST MY RESIDENCE PERMIT DOCUMENT. WHAT SHOULD I DO? A second copy of the residence permit document can be requested if it is in a bad state of conservation, or it has been lost, destroyed or stolen. The request for a second copy should be accompanied by a declaration explaining the reasons for the request and, in the case of theft, with a copy of the police report of the theft. The request should be accompanied by two photographs of the applicant. The request should be handed in to the regional branch of SEF in your area of residence through filling out an appli- 28

30 cation form that must be signed by the applicant (or his legal representative in the case of minors under 10 years of age or handicapped persons). I AM IN JAIL. HOW CAN I RENEW MY RESIDENCE PERMIT? The renewal of a residence permit of a foreigner who is serving a term of imprisonment can only be made if they have not been sentenced to being expelled from the country. The request for a residence permit that has lapsed will not be contested if it is presented within 30 days after the interested party has been released from jail. IN WHICH CIRCUMSTANCES COULD I FIND MYSELF WITHOUT A RESIDENCE PERMIT? Besides the situations in which your request for renewal of your residence permit may be turned down by SEF, your residence permit may also be cancelled. The power to carry out this decision is vested in the Home Secretary, who can devolve this power to the Director-General of SEF. The cancellation must be notified to the interested party along with the reasons for this and the corresponding document must be confiscated. ON WHAT GROUNDS CAN MY RESIDENCE PERMIT BE CANCELLED? A residence permit is cancelled: 1. Whenever the foreigner is the object of a decision to expel him from national territory; 2. When it was issued on the basis of fraudulent declarations or through the use of fraudulent means. The residence permit can equally be cancelled when the interested party is absent from the country for substantial periods without just cause. 1. For holders of a temporary residence period, this corresponds to six consecutive months or 8 months in total within the period of validity of the residence permit. 2. For holders of a permanent residence permit, this corresponds to 24 consecutive months or, within a period of 3 years, 30 months in total. 29

31 This absence beyond the limits established may be justified through the handing in of a request to SEF before the departure of the resident from national territory or, in exceptional cases, after departure. WHAT CAN I DO TO APPEAL AGAINST THE NON- RENEWAL OR CANCELLATION OF MY RESIDENCE PERMIT? You can submit an appeal to the Home Secretary. If he confirms the decision, you can lodge an appeal in the administrative courts. IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT AND IN THE CASE OF RELATIVES? A residence permit issued within the scope of the right to family reunion is cancelled when: 1. The sole purpose of the marriage is to allow the beneficiary of family reunion the right to enter and legally reside in the country; 2. The holder loses the right to residence and the relative does not yet meet the conditions to be entitled to a residence permit in his/her own right; 3. The resident and the relatives no longer maintain family ties (in exceptional cases, such as legal separation of individuals and goods, divorce, widowhood, death of a relative or when adulthood has been reached, the right to a residence permit can be granted to an individual without the necessary two year period). WHICH BASIC PRECAUTIONS SHOULD I TAKE ONCE I START RESIDING IN PORTUGAL? 1. Always carry your passport, residence document, identity card or other identity document with you; 2. Always carry your consular document with you, and the telephone, fax numbers and address of your Embassy or Consulate; 3. Always carry the telephone numbers with you 30

32 of relatives or a friend who can be contacted in the event of an emergency; 4. Do not let any documents that have a fixed period of validity, such as a passport, visa, Identity Card, or your residence permit document or any other document, expire; 5. Scrupulously follow Portuguese law, particularly laws which relate to foreigners 6. If you are a foreign resident, always tell the Service for Border Control and Aliens (Serviço de Estrangeiros e Fronteiras SEF) of any changes in your nationality, marital status, profession, residence or any absences from the country which are for periods of more than 90 days. WHAT ARE THE GROUNDS FOR BEING EXPELLED FROM PORTUGAL? Foreign citizens shall be expelled from Portuguese territory if: 1. They have irregularly entered or remained in Portuguese territory; 2. If they have acted against national security, public order or good habits; 3. If their presence or activities has constituted a threat to the interests or dignity of the Portuguese State or its nationals; 4. If they have interfered in an abusive way in the exercise of rights regarding political participation reserved for national citizens; 5. If they have practised acts which, if known to the Portuguese authorities, would have prevented their entry into the country. WHO CAN CARRY OUT EXPULSION? Only the legal or administrative authorities have the power to expel a foreigner. In the case of administrative expulsion this falls under the remit of the Director of SEF. Legal expulsion falls under the remit of the judicial authorities (first instance criminal courts and county courts) and may be applied autonomously with a law suit of its own or as an accompanying sentence applied in a criminal case. 31

33 IF THE ACT OF EXPULSION IS CONSIDERED UNJUST WHAT CAN THE FOREIGNER DO ABOUT THIS? He/She can lodge an appeal regarding the expulsion decision in the judicial or higher courts, depending on whether the expulsion decision was an administrative or judicial decision. DOES THE ACT OF APPEALING ALLOW THE FO- REIGNER TO RESIDE IN THE COUNTRY? No. Contesting the decision does not suspend the act, and does not suspend the decision to expel. IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT TO WHICH COUNTRY COULD THE FOREIGNER BE EXPELLED? In principle a foreigner can only be expelled to his/her country of origin. However expulsion cannot be carried out to any country where the foreigner may be persecuted for reasons that, under the terms of law, confer the right to the granting of asylum. CAN I RETURN TO PORTUGAL AFTER HAVING BEEN EXPELLED? A foreigner who has been subject to administrative expulsion is banned from entering national territory for a period of not less than 5 years. In the case of judicial expulsion, the period banning reentry is fixed by the judicial authority. 32

34 NEW REGULARISATION OF IMMIGRANTS (OTHER SI- TUATIONS CONCERNING EXTENSION OF STAY) WHAT CONDITIONS DO I HAVE TO SATISFY IN OR- DER TO BE ELIGIBLE FOR THIS NEW REGULARISA- TION OF FOREIGNERS? Foreigners who, not currently holding a post of paid employment, are part of the job market and have enrolled and made deductions for Social Security and tax payments for a period of at least 90 days, until the coming into force of Decree-Law No. 34/2003, 25 February (that is, by 12 March 2003), can benefit from the terms of Article 52 (3) of Decree-Law No. 244/98, 8 August, subsequent to a request to this effect made to the Director of the Service for Border Control and Aliens (Serviço de Estrangeiros e Fronteiras - SEF), accompanied by the following documents: a) proof of discounts made for Social Security and Tax Payments relating to earnings from paid employment occurring before the coming into force of Decree-Law No. 34/2003, 25 February (that is, by 12 March 2003); b) a valid and recognised travel document; c) proof of housing conditions; d) criminal Record Certificates issued in Portugal and the country of origin. The submission of the aforementioned request is dependent on the foreigner having previously registered with the High Commissioner for Immigration and Minorities (Alto Comissariado para a Imigração e Minorias ACI- ME). The period for the prior registering is 45 days after the present statute came into force. Verifying the data involved in such a case - for example, having made Social Security deductions and tax payments, should be carried out by the Ministries of Finance, Internal Administration and Social Security and Work, in accordance with their respective functions, within a period of no more than 180 days after the period referred to in the previous paragraph. 33

35 Foreigners who are enrolled in and have presented proof of deductions to Social Security and the Tax Authorities may also be entitled to an extension of stay (under the terms of Article 52 (3) of Decree-Law No. 244/98, 8 August), independent of whether the employing entity has carried out its obligations regarding the handing over these deductions, and who could be subject to the respective fine for not having done so. IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT Under the terms of Article 52 (3) of Decree-Law No. 244/98, 8 August, the foreign citizen who presents proof of labour services rendered, as well as the items outlined in paragraphs b), c) and d) of the aforementioned article, and in relation to which it is the case that the employing entity has not carried out its obligations with regard to Social Security and the Tax Authorities, a suitably filled out request may be submitted which will be subject to an Order (Despacho) on the part of the Ministry for Social Security and Labour. 34

36 USEFUL CONTACTS SEF SERVICE FOR BORDER CONTROL AND ALIENS (SERVIÇO DE ESTRANGEIROS E FRONTEIRAS) Head Office Rua Conselheiros José Silvestre de Ribeiro, n.º Lisboa Tel.: Northern Regional Branch Rua D. João IV, Porto Tel.: Fax: dir.norte@sef.pt Central Regional Branch Rua Venâncio Rodrigues, Coimbra Tel.: , Fax: dir.centro@sef.pt Lisbon, Vale do Tejo and Alentejo Regional Branch Av. António Augusto de Aguiar, Lisboa Tel. : Fax: dir.lisboa@sef.pt Algarve Regional Branch Rua Luis de Camões, nº Faro Tel.: / Fax: dir.algarve@sef.pt Madeira Regional Branch Rua Nova da Rochinha, 1 B Funchal Tel.: / / Fax: dir.madeira@sef.pt 35

37 The Azores Regional Branch Rua Marquês da Praia e Monforte, 10, Apartado Ponta Delgada Tel.: Fax: dir.acores@sef.pt Internet e.mail: sef@sef.pt IMMIGRATION IN PORTUGAL - THE LEGAL CONTEXT Ministry of Foreign Affairs (Ministério dos Negócios Estrangeiros) This Internet address gives the addresses and contacts of Portuguese Embassies and Consulates throughout the world. This Internet address provides information on the foreign diplomatic missions located in Portugal. 36

38 NOTES 37

39 FAMILY REUNION 38

40 FAMILY REUNION The aim of this chapter is to provide information for those legally resident in Portugal who wish to bring one or more members of their family to Portuguese national territory. In exceptional cases, they can also use Family Reunion if the family member is legally present in national territory. Being a summary, this information cannot hope to answer all the questions which can be put for each concrete case. For this reason, in the case of any doubt, please get in touch with the Family Reunion Support Office, which is located in the National Immigrant Support Centre (Centro Nacional de Apoio ao Imigrante CNAI), whose contact details are to be found at the end of this chapter, or with the SOS Immigrant Help Line ( ). INTRODUCTION 39

41 I HOLDERS OF RESIDENCE PERMITS I AM HERE IN PORTUGAL AND I HAVE A RESIDENCE PERMIT AND WOULD LIKE MY FAMILY, PRESENTLY LIVING ABROAD, TO COME AND LIVE WITH ME. CAN THEY COME? Yes. For an immigrant who has been in possession of a residence permit for at least a year, Portuguese legislation grants the right to family reunion for those members of a family who are living outside of Portugal and, in exceptional cases, those already present in Portugal and those who have lived with you in another country or who are dependent on you. Note: the requirement of one year in possession of a residence permit may be dispensed with to residents whose right of residence has been established, amongst other reasons, through having been the holder of a work permit for an uninterrupted period of three years, or through having been holders of permission to stay status for an uninterrupted period of five years. After handing in the necessary documentation, the family member will be issued with a residence visa in order to enter Portugal, and request permission to stay status. If your residence permit is a temporary one, your family member will be issued with a renewable residence permit of the same duration as the one which you hold. If you residence permit is a permanent one, your family member will be issued with a residence permit valid for two years. FAMILY REUNION Both in the situation of a temporary and permanent residence permit, once two years have passed since the first permit was issued, and providing that family ties have been maintained, the family members will have their own independent right to a residence permit. In exceptional cases, this period may be shorter, such as legal separation of people and their goods, divorce, widowhood, death of a parent or child or when adulthood has been reached. 40

42 WHICH RELATIVES ARE ELIGIBLE FOR FAMILY REUNION? The following relatives are considered eligible for family reunion: a) spouse; b) children who are minors or handicapped and are the responsibility of one or both members of the couple; c) minors adopted by the applicant or spouse; d) parents of the resident or spouse, if they are the responsibility of the couple; e) brothers and sisters who are minors, if they are wards of the resident. WHAT DO I HAVE TO DO FOR THEM TO BE ABLE TO COME? A request for family reunion should be submitted to the regional branch of the Service for Border Control and Aliens (Serviço de Estrangeiros e Fronteiras - SEF) in the area where you reside, along with the following documents: 1º A request addressed to the Director-General of the Service for Border Control and Aliens (SEF) which should identify the applicant and the family members involved; 2º Residence permit of the applicant (original and photocopies); 3º Passport containing a valid stamp verifying residence authorisation; 4º Proof of the stated relationship a valid marriage certificate (original and photocopy) or birth certificate (original and photocopy). In case of doubts regarding family relationship, supplementary items of proof may be demanded such as medical or legal testimony; 5º Authenticated copies of the relatives identification documents; 41

43 6º Proof of suitable accommodation and sufficient means of subsistence to cater for the needs of the family: o original and copy either of the title deeds of a property or a rental contract; o original and photocopy of the applicant s income tax (IRS) declaration for the previous year. Note: Any documents issued in the country of origin have to be authenticated by the diplomatic mission or consular post in the respective area of residence. WHAT HAPPENS AFTER MY REQUEST HAS BEEN SUBMITTED? The decision regarding the request falls under the remit of the Regional Directors of SEF. As soon as possible, and in no event more than nine months counting from the date the application was submitted, the SEF Regional Director will notify the applicant in writing of the decision taken. Then, in the case of the issuing of a positive decision on the part of SEF, the latter will notify the Ministry of Foreign Affairs of the decision in order to urgently dispatch a temporary stay visa. The applicant is then notified of the positive decision within a period of eight days, receiving information that the family members should go to a consular post in their area of residence, within 60 days, to hand in the request for a residence visa. FAMILY REUNION MY FAMILY IS ALREADY IN PORTUGAL. CAN WE BENEFIT FROM FAMILY REUNION? Yes, but only for suitably justified cases which are a result of exceptional circumstances which took place after the legal entry of your relative into Portuguese territory. For family reunion to be possible you must have been in possession of a residence permit for at least a year and your relative must have entered the country and be permanently and legally living here. 42

44 CAN MY SPOUSE WORK? Yes, she/he can. The law only prohibits actual parents of the applicant or spouse from doing so. CAN I LOSE MY RESIDENCE STATUS, WHICH WAS OBTAINED ON THE BASIS OF FAMILY REUNION? Yes, you can. a) the decision by the competent authorities to expel an individual is just cause for the cancellation of a residence permit, or when the residence permit has been issued based on false declarations; b) it can also be cancelled if it is proved that the sole purpose of a marriage was to entitle an individual to family reunion and thereby the ability to enter and legally reside in the country; c) when the holder of the right loses his residence status and the relative is not yet entitled to a residence permit in their own right; d) when the resident and the relatives have not maintained family ties, without prejudice to the provisions of article 58(5) of the law, which lays down that in case of legal separation of people and their goods, divorce, widowhood, death of a parent or child or when adulthood has been reached, individuals can be entitled to residence status before the legal period has elapsed. CAN MY CHILDREN HAVE ACCESS TO EDUCATION? Yes, your children have the right to have access to education just like any Portuguese child. Even in the case of undocumented children, a Resolution published by an Interministerial Working Group in February 2000, under the remit of the High Commissioner for Immigration and Ethnic Minorities, contained the following guidelines: 1. Children and young adults, even when undocumented, are to be granted enrolment and any corresponding re-enrolment; 2. Any academic results published for any educational or legal reasons, are to be published under the same conditions for any pupil; 43

45 3. Access to exams (including national ones) and tests, in order to achieve academic progress, is to be assured without discrimination; 4. Transition from one year or one cycle of education to another is, for each case, to be guaranteed without any temporary or suspensory effects being caused due to the situation of the country; 5. Social and educational support is to be guaranteed at an equal level, subject to proof of income being presented by the family unit or, in the absence of this, a document indicating their economic situation issued by the local borough in which the family resides; 6. Where it is not possible to obtain certificates indicating academic qualifications and such documents are not available, a certificate can be produced on the initiative of the person legally responsible for the child s education or through an official request, through a declaration made under oath by the same person, without prejudice to future verification from the schools and countries involved in establishing the veracity of such declarations; 7. The degrees and certificates of any studies affected in this way are to be guaranteed by the schools. IN THE CASE OF DIFFICULTY OF ACCESS TO HEAL- TH AND EDUCATION WHAT SHOULD I DO? You should enter into contact with the High Commissioner for Immigration and Minorities (Alto Comissariado para a Imigração e Minorias ACIME) in order to report these difficulties. FAMILY REUNION Following the new legislation with regard to immigration a national register has been created of foreign minors in national territory, whose situations have not been regularised. This register has exclusively been established in order to ensure access to health care services and pre-school and schooling facilities by minors. 44

46 It is the duty of ACIME to guarantee that the minors who have been registered have access to the rights which minors legally present in national territory have the right of access to. It is also the responsibility of ACIME to arrange for these data to be collected, processed and archived. HOW CAN MY FAMILY HAVE ACCESS TO HEALTH CARE? Any normally recognised citizen has the right to be treated in a Health Centre (Centro de Saúde SNS) or a hospital (for emergency cases). You need to have a National Health Service Medical Card (Cartão de Utente do Serviço Nacional de Saúde) to exercise this right. HOW CAN I OBTAIN A NATIONAL HEALTH SERVICE MEDICAL CARD? To obtain a Medical Card from the National Health Service (SNS), you should go to the Health Centre in your area of residence and show documentary proof of your residence status. II HOLDERS OF PERMISSION TO STAY STATUS I HAVE PERMISSION TO STAY STATUS. CAN I UNITE MY FAMILY IN PORTUGAL? The most suitable way to carry out a family reunion for holders of permission to stay status is a temporary stay visa. In such a case, the application for a temporary stay visa can only be granted one year after the date the permission to stay status was granted to the member of the family, with its issuing being dependent on the proof of family relationship stated, as well as proof of the reason for stay of the travelling person. 45

47 WHICH RELATIVES ARE ELIGIBLE FOR FAMILY REUNION? The relatives are considered the same as those considered eligible for holders of resident permits. Thus, the following relatives are considered eligible for family reunion: a) spouse; b) children who are minors or handicapped and are the responsibility of one or both members of the couple; c) minors adopted by the applicant or spouse; d) parents of the resident or spouse, if they are the responsibility of the couple; e) brothers and sisters who are minors, if they are wards of the resident. WHAT DO I HAVE TO DO FOR THEM TO BE ABLE TO COME? A request for family reunion should be submitted to the regional branch of the Service for Border Control and Aliens (Serviço de Estrangeiros e Fronteiras - SEF) in the area where your permission to stay status was formalised, along with the following documents: FAMILY REUNION 1º A request addressed to the Director-General of the Service for Border Control and Aliens (SEF) which should identify the applicant and the family members involved; 2º Passport containing a valid stamp verifying residence authorisation; 3º Proof of the stated relationship a valid marriage certificate (original and photocopy) or birth certificate (original and photocopy). In case of doubts regarding family relationship, supplementary items of proof may be demanded such as medical or legal testimony; 4º Authenticated copies of the relatives identification documents; 5º Proof of suitable accommodation and sufficient means of subsistence to cater for the needs of the family: o original and copy either of the title deeds of a property or a rental contract; o original and photocopy of the applicant s income tax (IRS) declaration for the previous year. 46

48 Note: Any documents issued in the country of origin have to be authenticated by the diplomatic mission or consular post in the respective area of residence. WHAT HAPPENS AFTER MY REQUEST HAS BEEN SUBMITTED? The decision regarding the request falls under the remit of the Regional Directors of SEF who will notify the applicant, in writing, of the decision taken as soon as possible. In the case of the issuing of a positive decision on the part of SEF, it notifies the Ministry of Foreign Affairs of the decision in order to urgently dispatch a temporary stay visa. The applicant is then notified of the positive decision within a period of eight days, receiving information that the family members should go to a consular post in their area of residence, within 60 days, to hand in the request for a temporary stay visa. MY FAMILY IS ALREADY IN PORTUGAL. CAN WE BENEFIT FROM FAMILY REUNION? Yes, but only in cases which are clearly justified, and which are a result of exceptional circumstances which took place after the legal entry of your relative into Portuguese territory. For family reunion to be possible you must have been in possession of a residence permit for at least a year and your relative must have entered the country and be permanently and legally living here. After the request has been granted, your family member will be given an extension of residence for the effects of temporary stay. AND IN THIS CASE CAN MY SPOUSE WORK? The carrying out of employed professional activity by the holder of a temporary stay visa (or who has had this stay extended for this purpose) is dependent on the establishing of certain circumstances which occurred after his/her entry into national territory which justifies this: a) legitimate entry into national territory at least 6 months previously; 47

49 b) the occurrence of a new event after legitimate entry into national territory which justifies the need to supplement the economic means of the family unit. The request for recognition of this exception should be handed in at the Regional Branch of the Service for Border Control and Aliens (SEF) in your area of residence. However, a positive response by SEF to the request does not authorise the carrying out of employed professional activity this authorisation is dependent on the future handing in to SEF of a proper work contact proposal which has received a favourable ruling from IGT, accompanied by a document issued by IEFP affirming its compliance with the list of employment opportunities. It is necessary to pay a fee as part of the process of granting authorisation for the carrying out of employed professional activity. It should also be noted that the holders of temporary stay visas who are authorised to carry out professional activity should inform IEFP in advance of any intention to alter their professional activities. If the activity wished to be carried out does not form part of the list indicating employment opportunities or exceeds the number of vacancies specified there, IEFP will inform you that the alteration is not possible. AND CAN MY CHILDREN ATTEND SCHOOL? Yes, like any Portuguese child. FAMILY REUNION IN THE CASE OF DIFFICULTY OF ACCESS TO HEAL- TH AND EDUCATION WHAT SHOULD I DO? You should enter into contact with the High Commissioner for Immigration and Minorities (Alto Comissariado para a Imigração e Minorias ACIME) in order to report these difficulties. Following the new legislation with regard to immigration a national register has been created of foreign minors in national territory, whose situations have not been regularised. This register has been established exclusively in order to 48

50 ensure access to health care services and pre-school and schooling facilities by the minors. It is the duty of ACIME to guarantee that the minors who have been registered have access to the rights which minors legally present in national territory have the right of access to. It is also the responsibility of ACIME to arrange for these data to be collected, processed and archived. DOES MY FAMILY HAVE THE RIGHT TO HEALTH CARE? Yes like any normally recognised citizen, you have the right to be treated in a Health Centre (Centro de Saúde SNS) or a hospital (for emergency cases). You need to have a National Health Service Medical Card (Cartão de Utente do Serviço Nacional de Saúde) to exercise this right. To obtain a Medical Card from the National Health Service (SNS), you should go to the Health Centre in your area of residence and show documentary proof of your permission to stay status. III - NATIONALITY IF I HAVE MORE CHILDREN BORN IN PORTUGAL, HOW CAN THEY OBTAIN PORTUGUESE NATIONALI- TY? In order for this to be possible, the following conditions have to be met: 1. To have been born in Portuguese territory; 2. To be a child of foreign citizens in possession of a valid resident permit who have been resident in Portugal for 6 or 10 years, respectively, if the parents are citizens of a country where Portuguese is an official language or the nationals of another country (and are not in the service of that country); 3. A statement affirming the desire to become 49

51 Portuguese (registering the birth as having taken place within Portuguese territory is not sufficient). WHAT STEPS ARE CARRIED OUT WHEN APPLYING FOR PORTUGUESE NATIONALITY FOR A CHILD OF AN IMMIGRANT BORN IN PORTUGAL? The application starts with a statement affirming the desire to become Portuguese. The statement can be made by the interested party (by him/herself or a solicitor), or, if the person is handicapped, by their legal representatives (who, as a general rule, are the parents). This statement affirming this desire can be made at any Registry Office and must be accompanied by any necessary documentation. WHICH DOCUMENTS DO I HAVE TO HAND IN ALONG WITH THE APPLICATION FOR NATIONALITY FOR A CHILD OF AN IMMIGRANT BORN IN PORTUGAL? The following documents must accompany the application: FAMILY REUNION 1. Birth Registration Certificate of the applicant; 2. Document issued by the Service for Border Control and Aliens (Serviço de Estrangeiros e Fronteiras SEF) showing that: The parents of the applicant have been resident in Portugal since the birth of the child and are in possession of a valid resident permit and who have been resident in Portugal for 6 or 10 years, respectively, if the parents are citizens of. a country where Portuguese is an official language or the nationals of another country; They are not in the service of the respective country. Note: For more information concerning the subject of nationality, please consult the chapter on that theme prepared by ACIME. 50

52 USEFUL CONTACTS SEF SERVICE FOR BORDER CONTROL AND ALIENS (SERVIÇO DE ESTRANGEIROS E FRONTEIRAS) Head Office Rua Conselheiros José Silvestre de Ribeiro, n.º Lisboa Tel.: Northern Regional Branch Rua D. João IV, Porto Tel.: Fax: dir.norte@sef.pt Central Regional Branch Rua Venâncio Rodrigues, Coimbra Tel.: , Fax: dir.centro@sef.pt Lisbon, Vale do Tejo and Alentejo Regional Branch Av. António Augusto de Aguiar, Lisboa Tel. : Fax: dir.lisboa@sef.pt Algarve Regional Branch Rua Luis de Camões, nº Faro Tel.: / Fax: dir.algarve@sef.pt 51

53 Madeira Regional Branch Rua Nova da Rochinha, 1 B Funchal Tel.: / / Fax: dir.madeira@sef.pt The Azores Regional Branch Rua Marquês da Praia e Monforte, 10, Apartado Ponta Delgada Tel.: Fax: dir.acores@sef.pt Internet sef@sef.pt Ministry of Foreign Affairs (Ministério dos Negócios Estrangeiros) This Internet address gives the addresses and contacts of Portuguese Embassies and Consulates throughout the world. This Internet address provides information on the foreign diplomatic missions located in Portugal. FAMILY REUNION 52

54 NOTES 53

55 ACCESS TO HEALTH CARE 54

56 ACCESS TO HEALTH CARE One of the many difficulties immigrants who live in our country face is the problem of access to Health Care. Every and any national or foreign citizen had the right and the duty to try to be healthy and help whoever lives in their immediate circle. In order to help gain knowledge about the rights and duties which concern access to Health Care and the services which can be utilised, the High Commissioner for Immigration and Minorities (Alto Comissariado para a Imigração e Minorias ACIME) has prepared this chapter, which seeks to be a source of information and support for foreign citizens who are trying to live and work in our country. A thank you is also in order here to all those organisations which have enriched this guide through their suggestions and information, and which have contributed to enabling this guide to be much more than a directory of practical needs to those whom we wish, in the best way possible, to welcome and integrate. INTRODUCTION 55

57 RIGHTS AND RESPONSIBILITIES I AM AN IMMIGRANT IN PORTUGAL. IF I BECOME ILL, WHAT ARE MY RIGHTS AND RESPONSIBILI- TIES? All citizens have the right to health and have the responsibility to preserve it. In this way, all immigrants who are in Portugal and who feel ill or need any kind of health care, have the right to be attended in a Health Centre or Hospital (for emergency cases). These services cannot refuse to treat any citizen on the basis of any reason connected with nationality, lack of economic means, lack of legal status, or any other. The Constitution of the Portuguese Republic has laid down that all citizens including foreigners have the right to receive global health care and because of that, all forms of existing health care must be made available to each and every person according to their needs and irrespective of their socio-economic or cultural situation. This right has been formalised in Order (Despacho) No /2001 issued by the Ministry of Health ACCESS TO HEALTH CARE WHAT KINDS OF SERVICES ARE AVAILABLE WITHIN THE NATIONAL HEALTH SERVICE (SNS)? Health care provided by the National Health Service (SNS) includes the following: a) care relating to the promotion of health care and disease prevention; b) health care for both general practice and specialisation; c) nursing care; d) hospitalisation; e) facultative diagnostic tests; f) medication and medicinal products; g) artificial limbs and other therapeutic prosthetic devices; 56

58 WHAT IS A NATIONAL HEALTH SERVICE CARD (CAR- TÃO DE UTENTE DO SNS)? The Health Card is a document that verifies the identity of its holder to the bodies and services that form part of the National Health Service. It is provided free of charge. It needs to be shown for the following reasons: a) health care treatment; b) arranging a doctor s appointment and supplementary diagnostic and therapeutic services; c) Prescribing and obtaining medication WHO CAN OBTAIN A NATIONAL HEALTH SERVICE CARD (CARTÃO DE UTENTE DO SNS)? Foreigners who are holders of residence permits, permission to stay status or a work visa. In order to obtain a National Health Service Card, foreign citizens must show documentation proving their residence status or permission to stay status to the health centre in their area of residence or a work permit authorising them to work in Portugal, according to the required circumstances. AND WHAT IS THE SITUATION FOR FOREIGNERS WHO DO NOT HAVE A RESIDENCE PERMIT, PERMIS- SION TO STAY STATUS, OR A WORK PERMIT? Those foreign citizens who have been living in Portugal for more than ninety days can use the health care facilities and services of the National Health Service (SNS) on presentation to the health services in their area of residence of a document (proving residence) which is issued by the local borough council (Junta de Frequesia), under the terms of Article 34 of Decree-Law No. 135/99, 22 April. In order to obtain this document which confirms local residence, you need to have your residence vouched for by two statements to that effect by local residents these may be private individuals (acquaintances, neighbours) or working in a commercial establishment (the owner of a hostel, or shopkeepers where you buy things). 57

59 After this document has been issued by the local borough council (Junta de Frequesia), individuals should then go to the Health Centre to register (where possible, with a family doctor). AND WHAT ABOUT FOREIGNERS WHO ARE ILLEGAL MINORS, WHOSE AGE IS BELOW THAT DEEMED NE- CESSARY BY LAW TO BE ABLE TO INDEPENDENTLY ENTER INTO A WORK CONTRACT? These minors, who are economically dependent on their family unit to which they belong, have access to the National Health Service in the same way that the law provides in national territory to minors who have regularised their situation. This right is established in Decree-Law No. 34/2003, 25 February. WHERE CAN I GET THE NATIONAL HEALTH SERVICE CARD (CARTÃO DE UTENTE DO SNS)? The National Health Service Card (Cartão de Utente do SNS) can be obtained from the Health Centre or in a Citizen s Shop (Loja do Cidadão). Note: All individuals must be registered and holders of a Health Service Card. ACCESS TO HEALTH CARE WHICH SERVICES DO I HAVE TO PAY FOR? Foreigners who make Social Security deductions: the payment of health care administered by institutions and services of the National Health Service is assured to foreign citizens who have been making Social Security deductions, and their respective family unit, in the same general terms as those operating for national citizens. In accordance with legislation currently in force, health care is proportionately free, taking into account the social and economic situations of the users. For each health check or service used, the user must pay an amount known as a moderating fee. 58

60 The moderating fees currently in force are: a) Health checks in Health Centres and partner organisations and supplementary General Practitioner services provided in the Health Centre 1.50 b) Health checks carried out in the emergency services offered by Health Centres (SAP and CATUS) 2 c) Out-patient appointments in hospitals o District Hospitals 2 o General and Specialised Central Hospitals 3 d) Health treatment in the casualty section of a Hospital 5 e) Home visit 3 Any clinical analyses, radiographies or other supplementary diagnostic tests are also subject to moderating fees, which are established by law (Ministerial Order No. 338/92, 11 April). The following are exempt from payment: a) children up to twelve years of age, inclusive; b) young people when given an adolescent consultation; c) pregnant women; d) women in the 6-8 weeks after giving birth; e) women receiving a Family Planning Appointment; f) unemployed individuals registered for work in Employment Centres and their dependents; g) individuals who due to their given situation are the recipients of welfare provision from an official body; h) individuals with certain legally recognised chronic diseases. Foreign citizens who do not make Social Security payments: foreign citizens who do not make Social Security payments could be charged for the costs of health treatment, in accordance with the fixed values currently in force, excepting: 59

61 a) if someone in the family unit has been making deductions. In this case payment of health services is assured in general terms, in conditions equal to those for national citizens (that is, to present a document issued by the Social Security stating that you form part of this family unit); b) if you are in need of welfare provision. The economic and social position of the person will be determined by the Social Security services (you will need to present a document issued by Social Security); c) if you need to receive health care and you find yourself in a situation where there is a risk to Public Health where health care is free: 1. All infectious diseases (namely those contained in the list of Diseases it is obligatory to declare, such as: Tuberculosis, HIV/AIDS and sexually transmitted diseases; 2. Maternal Health, Infant Health and Family Planning (covering all situations, given that, from a Public Health perspective, these always concern elements related to primary, secondary and tertiary care); 3. Vaccination (vaccines included in the National Vaccination Plan are supplied freely). ACCESS TO HEALTH CARE CAN I TRUST HEALTH CARE PROFESSIONALS? Yes, unreservedly. Besides their technical and humanistic capacities, health professionals are subject to the right to confidentiality of the patient and all information is regarded as being of a confidential nature. Any individuals who are illegally present in Portugal need not have any fear in this regard and should obtain health treatment whenever their situation requires this. HOW CAN I EXERCISE MY RIGHT TO GIVE SUGGES- TIONS AND PRESENT COMPLAINTS? All health centres have a complaints books (livros de reclamações livro amarelo) in the patients office where you can and should register your complaints. You can also go to the patients office, write a letter to the Health Authority or to the Minster of Health. 60

62 WHAT SHOULD I DO IF I AM REFUSED ACCESS TO HEALTH CARE SERVICES? If you are refused health treatment, you should go to the patients office (gabinete do utente) of the Health Centre or Hospital, or alternatively the headquarters of the local branch of the Health Authority. You can also go to the Health Authority itself, the Ministry of Health or the High Commission for Immigration and Ethnic Minorities (Alto Comissariado para a Imigração e Minorias ACIME). EMERGENCIES/CASUALTY WHAT IS AN EMERGENCY SITUATION? Any situation where a delay in diagnosis or treatment could produce serious risk or damage to the victim is a medical Emergency, such as serious traumatisms, major intoxications, burns, cardiac or respiratory arrest. WHAT ARE MEDICAL EMERGENCIES? Some emergency situations are considered medical emergencies, due to the extreme seriousness of the situation, or because they require the use of telecommunications or special transport provision for the patient. WHAT SHOULD I DO IN THE EVENT OF AN EMER- GENCY? You should go at once to the permanent health care service of the nearest Health Centre, which, after attending you, will decide the best course of action. Where risk of life is involved you should go to a Hospital. WHAT SHOULD I DO IN AN EMERGENCY SITUATION? WHICH TELEPHONE NUMBER SHOULD I USE? You should immediately contact the emergency services using 112. Both the call and the services are free of cost. WHAT INFORMATION SHOULD I GIVE TO THE PER- SON WHO ANSWERS THE EMERGENCY CALL? In a clear and simple form you should give the following information: 1. The type of situation (illness, accident, birth, etc.); 2. The telephone number you are dialling from; 61

63 3. Your area of residence; 4. The exact location including, wherever possible, reference points; 5. The apparent seriousness of the situation; 6. The number, sex and apparent ages of the people requiring help; 7. The principal complaints and alterations seen and heard; 8. The existence of any other factor that may require other resources being brought to the location for example, gas leaks, danger of fire, etc. Only hang up once the operator has told you to do so. IF IT IS NOT AN EMERGENCY, WILL THE PERSON WHO ANSWERS THE TELEPHONE (112) TELL ME WHAT I SHOULD DO? Yes. The Centre for the Management of Emergency Patients (CODU) will always inform you of what to do, in accordance with the particular situation. ACCESS TO HEALTH CARE WHAT SHOULD I DO IF THE ILLNESS IS NOT AN EMERGENCY? If the situation is not urgent, or if after an emergency situation you need to make new medical appointments or have medication prescribed, you should go to the Health Centre in your area of residence and ask what you should do to have access to the full range of health care services. PRIMARY HEALTH CARE AND HEALTH CENTRES WHAT IS A HEALTH CENTRE? (CENTRO DE SAÚDE) A health centre is a primary care unit of the National Health Service (SNS) which receives and provides medical treatment to the general population. THE HEALTH CENTRE IS THE FIRST PLACE YOU SHOULD GO TO. Here you will find family doctors (General Practitioners), Public Health Officials and Nurses, who provide primary health care of both a preventative and curative nature. Besides the administrative staff, in some Health Centres 62

64 there are also other professionals working, such as social workers, oral hygienists, environmental health workers, nutritionists and psychologists. IN WHICH HEALTH CENTRE SHOULD I REGISTER? Health Centres are distributed according to geographical areas. You should go to the one in your area of residence, and find out about consultation hours, kinds of service, hospitals serving the Centre and supplementary diagnostic testing available. The Health Centre in your area of residence will issue you with a National Health Service Card (Cartão de Utente do SNS) that should always be shown when using the Health Centre or other health unit. WHAT KINDS OF SERVICE ARE PROVIDED IN THE HEALTH CENTRE? general practice/family doctor check-up; infant and youth health check-up; maternal health check-up; family planning check-up; public health service; nursing check-up; nursing service; social services; vaccinations; supplementary diagnostic testing; in-patient services (in some cases); home service backup; patients office; supplementary General Practitioner services. WHAT HOURS IS THE HEALTH CENTRE OPEN? Normally any working day from 8 a.m. to 8 p.m. Some Health Centres operate a more extended timetable, including weekends, to provide services for more serious problems. Some services (namely check-ups, vaccinations and other injections) are only available at specific times. 63

65 WHAT IS A GENERAL HEALTH CHECK-UP? It is a check-up that enables your state of health to be regularly checked. Some more vulnerable sectors of the population, such as children, young people, pregnant women, senior citizens, certain professional groups and people with a chronic illness require special attention, and should carry out periodic check-ups in order to regularly monitor their state of health. Follow the health check-up advice provided by your family doctor. WOMEN AND CHILDREN I AM PREGNANT. WHERE CAN I RECEIVE MEDICAL ATTENTION THROUGHOUT MY PREGNANCY? The first check-up should be carried out in your Health Centre, as soon as you think you are pregnant. WHAT IS A MATERNITY CHECK-UP? It is a check-up designed to accompany you throughout your pregnancy and to prepare you for childbirth. ACCESS TO HEALTH CARE Monitoring your pregnancy is accompanied by clinical exams and regular laboratory tests, which allow the state of health of mother and baby to be evaluated during your pregnancy. Information about what to eat to ensure a healthy diet is provided, as well as preparation for breastfeeding and advice as to behaviour patterns to avoid. WHAT IS A MATERNITY HEALTH RECORD? (BOLE- TIM DE SAÚDE DA GRÁVIDA)? A Maternity Health Record is a small green booklet, which is provided free of charge by the Health Centre or Maternity Hospital which contains useful information to help monitor pregnancy. It also contains space to record medical details of check-ups and diagnostic tests carried out throughout pregnancy. Use it to follow the progress of your pregnancy and consult the information which it contains. You should always bring it with you when you go for a check-up at the Health Centre or Maternity Hospital. This health record is essential when it is time to give birth. 64

66 WHAT MUST I DO TO ENSURE THAT I GIVE BIRTH IN A NATIONAL HEALTH HOSPITAL (SNS)? WHERE SHOULD I GO WHEN IT IS TIME TO GIVE BIRTH? If your pregnancy has been monitored in the Health Centre then check-ups prior to birth will have been made in the General or Maternity Hospital in your area of residence. In this case, when signs of labour become apparent, it is only necessary to go to the Casualty Ward of the General or Maternity Hospital in your area of residence. WHAT SHOULD I TAKE WITH ME WHEN IT IS TIME TO GIVE BIRTH? 1º Your identity card or National Health Service Card; 2º Your Maternity Health Record; 3º Clothes for you and your baby; 4º Items for personal use DO I HAVE TO PAY FOR THE CHECK-UPS OR THE PERIOD SPENT IN HOSPITAL WHEN GIVING BIRTH? All check-ups and medical tests made during pregnancy and in the sixty days following birth are free. The doctor should issue an Exemption Certificate (Declaração de Isenção). Delivery of a baby in Hospital, as well as the period of stay due to pregnancy, in a National Health Service General or Maternity Hospital, is free. WHAT IS A CHILD AND YOUTH HEALTH CHECK-UP? It is a check-up designed to monitor, maintain and promote the health of a child or youth from birth until the end of adolescence (18 years of age). In these check-ups several clinical tests are made to check on growth and development. Information is also supplied regarding food, prevention of infectious diseases, prevention of accidents, vaccinations, playtime and leisure activities, sports, sex education and other aspects related to both the promotion of health and the well being of the child and the youth. 65

67 The first check-up should be made as early as possible, preferably in the first week after being allowed to leave the Maternity Hospital and go home. In the first week of the baby s life the foot test is carried out in the Health Centre, if it has not yet been carried out in the General or Maternity Hospital. This should be carried out between the 4th and 7th days of life, and tests for two serious diseases (hypothyroidism and phenylketonuria) which can be treated when diagnosed early. WHAT IS AN INFANT HEALTH RECORD (BOLETIM DE SAÚDE INFANTIL)? The Infant Health Record is a small booklet which is issued free of charge after birth and which contains a lot of useful information regarding the health of your baby. The Infant Health Record can be provided at a General or Maternity Hospital, or at a Health Centre. You should bring your child s Infant Health Record with you whenever you take him/her to the Health Centre or Hospital. Follow the development of your child by using the booklet and follow the advice that it gives. ACCESS TO HEALTH CARE WHAT IS A FAMILY PLANNING CHECK-UP? It is a check-up that is designed to give support and information to individuals and couples so that they can plan a pregnancy at an appropriate time for themselves, and allow them to have a safe and healthy sex life. In this check-up the state of health of the woman/couple is evaluated. Information about contraceptive methods is given and the contraceptive chosen is made available free of charge. Guidance is given to couples with infertility problems and sexual counselling is provided as well as smear tests to check for cancer in woman and also to check for sexually transmitted diseases. If you are thinking of getting pregnant you should ask for a check-up (a pre-pregnancy check-up consulta pré-concepcional) where your and your partner s state of health will be evaluated, in order to check for any attendant risks or diseases for the mother or baby-to-be. 66 It is extremely important to have an AIDS test.

68 DO I HAVE TO PAY FOR THESE CHECK-UPS? The check-up is free, as are the contraceptives. WHERE CAN I BOOK A FAMILY PLANNING CHECK- UP? In the Health Centre in your area of residence. WHAT IS A YOUTH RECEPTION CENTRE (CENTRO DE ATENDIMENTO PARA JOVENS)? A Youth Reception Centre exists in some Health Centres, and provides free Family Planning check-ups for any young person who is at a fertile age, as well as support and free information about: a) the sexual reproductive system and its functioning; b) sex information about contraception, prevention of abortion and sexually transmitted diseases; c) correct preparation for a healthy sex life; d) free supply of contraceptives. WHAT IS A VACCINATION? A vaccination is the surest way of preventing certain diseases. a) tuberculosis, diphtheria, tetanus, whooping cough, poliomyelitis, meningitis, measles, mumps, German measles, Hepatitis B and some other forms of meningitis are diseases that mainly attack children and can be prevented through vaccination; b) Some of these diseases can under certain circumstances be lethal, or cause serious medical consequences; c) In order to be protected against certain diseases, it is necessary to receive various booster shots throughout your life; d) Scrupulously adhere to a vaccination schedule; e) All vaccinations that form part of the National Vaccination Programme are free. 67

69 WHAT IS AN INDIVIDUAL HEALTH RECORD (BOLE- TIM INDIVIDUAL DE SAÚDE)? An Individual Health Record - a Vaccination Record (Boletim Individual de Saúde Boletim de Vacinas), which in the case of children and adolescents should be attached to their Infant and Youth Health Record, is a document where vaccinations can be recorded. It is obligatory to present this Health Record when enrolling a child in a crèche, school or any other level of education. WHAT DO I HAVE TO DO TO HAVE, AND WHERE CAN I OBTAIN A VACCINATION? Just go to the Health Centre. It is not necessary to be registered with a General Practitioner (Family doctor). Every time you go to the Health Centre or Hospital, you should take your individual Health Record (Vaccinations Record) with you. Vaccinations are essential not only for children but also for adults. SOME INFECTIOUS DISEASES HIV/AIDS ACCESS TO HEALTH CARE WHAT IS AIDS? AIDS (Acquired Immunodeficiency Syndrome) is a disease caused by a virus named HIV (Human Immunodeficiency Virus). This virus is present in sexual secretions and in blood. HIV prevents the organism from combating diseases, since it attacks the immune system. It acts by gradually destroying the body s natural defences against infections, which results in the person dying from other illnesses that would be harmless if the body s normal defences were functioning normally. HIV/AIDS patients are often discriminated against and this is a serious affront to human rights. It is important to realise that there is no danger of infection from social contact such as a kiss, hug, handshake, or the sharing of meals or work or leisure spaces with AIDS patients. 68

70 HOW DOES IT SPREAD? through direct contact with the blood of an infected person; through unprotected sexual relations (without a condom); sharing syringes, needles or other material used to inject drugs; from an infected mother to a child during pregnancy, labour or breast feeding; through contact with contaminated objects (razor blades, toothbrushes, tattoo needles, manicure instruments, etc); through a transfusion of infected blood. HOW CAN IT BE AVOIDED? There is still no cure for AIDS nor a vaccine to protect oneself against the illness. Prevention is, however, for the time being the best form of protection against AIDS. a) use condoms for any type of sexual relations; b) do not share syringes, needles or contaminated objects HOW IS IT DIAGNOSED? There are laboratory tests (through blood analysis) to know if you are infected with HIV. WHAT FORM DOES AN AIDS TEST TAKE? The test consists of a laboratory study that shows if a person is infected with HIV. DOING THE TEST. WHEN? a) if you have had sexual relations without a condom; b) if you have shared syringes, needles or another material used to inject drugs; c) if you have been in direct contact with the blood of another person and you have a wound or cut which could have been in contact with this blood; d) if you are thinking of becoming, or are, pregnant. 69

71 DOING THE TEST. WHO? Anyone who is in doubt as to whether they are infected should do the test. DOING THE TEST. WHY? A negative result can help you to adopt behaviour patterns that will avoid infection. Counselling helps you to protect yourself. A positive result helps you to seek out health treatment and monitoring in time to deal with your situation. You will be guaranteed counselling, advice and medical treatment. DOING THE TEST. WHERE? To do an AIDS test you should consult a doctor you have trust in, your family doctor, or you can go to one of the HIV Early Detection and Counselling Centres (CAD): ACCESS TO HEALTH CARE WHAT IS AN HIV EARLY DETECTION AND COUN- SELLING CENTRE (CAD) An HIV early detection and counselling centre (CAD) is a centre which provides any person, whether Portuguese or foreign, and irrespective of their legal situation, with the possibility of carrying out an AIDS test. Counselling before taking a test helps you to decide, based on personalised information, whether you wish to carry out the test, and provides psychological support to patients who decide to take it. The HIV/AIDS test in this centre is: o o o anonymous; confidential; free. HIV early detection and counselling centres (CAD) are located throughout the country. To find out where they are located you can ring the AIDS hotline, the number of which is , and which is free that is, you pay nothing for the call. On the AIDS Hotline you will be attended by trained staff who will be able to answer any questioning relating to the HIV/AIDS infection that you may have. 70

72 HEPATITIS B WHAT IS HEPATITIS B? Hepatitis B is an infectious disease caused by a virus that affects a vital organ the liver. HOW IS IT DETECTED? through symptoms such as: jaundice (yellow eyes and skin); noticeable fatigue; intermittent fever; lack of appetite; nausea, vomit and diarrhoea; dark urine; whitish faeces; muscular pains. However, most of the time the disease presents with no symptoms. The symptoms need to be confirmed through a blood test. Consequences: a) the virus remains in the organism for various months or years and due to this it can be transmitted to other people; b) many patients who otherwise appear cured can still however transmit the disease (chronic carriers); c) others continue to show symptoms of the disease, and can even die years later through cirrhosis or cancer of the liver; d) in rare cases Hepatitis B has a rapid and serious onset that can result in death. HOW IS IT SPREAD OR TRANSMITTED? Hepatitis B can be transmitted through: a) sexual contact with the patient or disease carrier; b) through being cut or pricked by objects contaminated with the virus, such as syringes and needles, razor blades, toothbrushes, etc; 71

73 c) a mother can pass on the disease to a newly born; d) direct contact with the skin or mucous, wherever cuts, albeit small, are present, and chiefly with the blood and sperm of an infected person. HOW CAN IT BE AVOIDED? Avoid risky behaviour such as using syringes and needles already used, sharing razor blades and toothbrushes, etc. Always use a condom. Vaccination is the best way to avoid catching Hepatitis B: a) this only guarantees protection after three injections of the vaccination; b) all children in the first year of life and young people aged 10 to 15 years of age should be vaccinated against Hepatitis B; c) you should also be vaccinated if you think you are in risk of catching Hepatitis B. Recommended periods: a) newly born babies(at 0, 2 and six months); b) senior citizens: first injection on a set date; c) second, one month later; d) third, 6 months after the first shot. ACCESS TO HEALTH CARE The vaccination is given free in the Health Centres for: a) children in the first year of life; b) youths 10 to 15 years old; c) health professionals; d) persons who receive frequent blood transfusions or other blood products; e) newly born babies whose mothers are carriers; f) other persons in situations of risk. The State covers 40% of the cost of the vaccination in other cases. Supplementary information To be vaccinated or to know more, go to the Health Centre in your area of residence. 72

74 TUBERCULOSIS WHAT IS TUBERCULOSIS? It is an infectious disease caused by a microbe named Koch bacillus. It normally attacks the lungs, but it can be found in any organ. HOW IS IT DETECTED? Through the following symptoms: a) prolonged cough (for more than three weeks); b) blood present in expectoration (spittle); c) chest pain; d) prolonged fever (at the end of the day); e) lack of appetite; f) loss of weight; g) lack of energy; h) night sweats. The most important tests to detect tuberculosis are simple and easy: chest X-ray; analysis of expectoration (spittle). HOW IS IT SPREAD (OR CAUGHT)? The tuberculosis microbe enters the lung when a person breathes infected air, in poorly ventilated spaces. Air becomes infected when people who are carrying the tuberculosis disease, often not realising they are doing so, cough in closed spaces. HOW CAN YOU AVOID OR PREVENT TUBERCULO- SIS? a) avoid being in closed spaces with a lot of people; b) avoid people coughing freely into the air (they should cover their mouths with a handkerchief); c) treat each person who presents with tuberculosis as early as possible after fifteen days treatment the risk of transmitting the disease is minimal; d) through vaccination, which at least prevents the most serious forms of the disease; e) through medication, especially for people who are in contact with tuberculosis patients. 73

75 WHAT SHOULD I DO IF I SUSPECT I HAVE TUBER- CULOSIS? Go to the Health Centre in your area of residence as soon as you can, where you will be examined or sent to a specialist service. The more quickly a diagnosis can be made and treatment started, the less the disease will worsen and the fewer people will be infected. Even if you are in an illegal situation you will be attended and treated! SUPPLEMENTARY INFORMATION Tuberculosis can be cured if the treatment is carried out correctly. The correct treatment consists of taking pills for an extended period of time (a minimum of six months). If you interrupt the treatment before the end, you will get sick again but in a worse form. ACCESS TO HEALTH CARE 74

76 USEFUL CONTACTS EPIMIGRA Centre for the Epidemiological Study of Infectious Diseases in Migratory Populations. (Núcleo de Estudo Epidemiológico de Doenças Transmissiveís em Populações Migrantes) Programme run by the Tropical Diseases Clinical Unit of the Institute for Tropical Hygiene and Medicine (Universidade Nova de Lisboa) which: - Offers health care, directed towards infectious diseases, to migrant populations; - Has a preventative unit, where migrants who are not patients can be referred for testing; - Carries out individual counselling about the transmission of infectious diseases (with personal data kept confidential). Organisations that deal with migrant populations are able to refer migrants free of charge for a check-up at the Institute of Tropical Medicine, and an appointment can be made through a phone call. EPIMIGRA Rua da Junqueira, Lisboa Tel.: /05 Ministry Of Health Av. João Crisóstomo, 9-2º Lisboa Tel.: General Health Authority (Direcção Geral Da Saúde) Alameda D. Afonso Henriques, Lisboa Tel.: District Health Authority of Beja Largo do Lidador, nº3 Apartado Beja Tel.:

77 District Health Authority of Évora Pç. Joaquim António de Aguiar, Évora Tel.: District Health Authority of Portalegre Avª Frei Amador Arrais, lote 2 Apartado Portalegre Tel.: District Health Authority of Faro Largo de S. Pedro, nº Faro Tel.: District Health Authority of Braga Largo Paulo Osório Braga Tel.: District Health Authority of Bragança Rua D. Afonso V, Edifício Escola de Enfermagem, 1º Bragança Tel.: ACCESS TO HEALTH CARE District Health Authority of Porto Rua Nova de S.Crispim, Porto Tel.: District Health Authority of Vila Real Rua Miguel Torga, 12-F Vila Real Tel.: District Health Authority of Viana Do Castelo Rua José Espregueira, Viana Do Castelo Tel.: District Health Authority of Aveiro Avª Dr. Lourenço Peixinho, 42-2º Aveiro Tel.:

78 District Health Authority of Coimbra Av. D. Afonso Henriques, Coimbra Tel.: District Health Authority of Castelo Branco Rua Heróis de Dadrá, Castelo Branco Tel.: District Health Authority of Guarda Av Rainha D. Amélia Guarda Tel.: District Health Authority of Leiria Av. Heróis de Angola, Leiria Tel.: District Health Authority of Viseu Av. António José de Almeida, Edf. Do MAS Viseu Tel.: District Health Authority of Lisboa Avª Estados Unidos da América, 75-6º Lisboa Tel.: District Health Authority of Santarém Avª José Saramago, 15 e Santarém Tel.: District Health Authority of Setúbal Rua José Pereira Martins, 25-5º Setúbal Tel.: Emergency Tel.: 112 Intoxification and Poisoning Tel.:

79 Flu Line Tel.: LIFE Line SOS Drugs (Linha VIDA SOS Drogas) Tel.: VIDA Line (Linha Vida) Tel.: SOS Children (SOS Criança) Tel.: Health 24 (Brr!, brr!) (Saúde 24. Dói, Dói, Trim, Trim) Tel.: SOS Breastfeeding (Amamentação) Tel.: SOS Pregnant (Grávida) Tel.: APAV Portuguese Association Providing Support to the Victim (Associação Portuguesa de Apoio à Vítima) Tel.: Association of Women Against Violence (Associação das Mulheres Contra a Violência) Tel.: ACCESS TO HEALTH CARE Information Service for Victims of Domestic Violence (Serviço de Informação à Vítima de Violência Doméstica) Tel.: Alcoholics Anonymous (Alcoólicos Anónimos) Tel.: Narcotics Anonymous (Narcóticos Anónimos) Tel.: Commision For Equality And The Rights of Women (Comissão Para A Igualdade e Para Os Direitos Das Mulheres) Avª da República, 32 1º Lisboa Tel.:

80 Commision For Equality At Work And In Employment (Comissão Para A Igualdade No Trabalho e No Emprego ( CITE) Av. da República 44-2º Dto 1050 Lisboa Tel: Freefone: National Commision For The Fight Against Aids (Comissâo Nacional Da Luta Contra A SIDA ) Palácio Bensaúde - Estrada da Luz Lisboa Tel.: / AIDS LINE (Monday To Saturday, to 20.00) (LINHA SIDA) Freefone: SOS AIDS LINE (Monday To Saturday, To 22.00) (LINHA SOS SIDA) ) Freefone HIV EARLY DETECTION AND COUNSELLING CENTRES (CAD): Aveiro CAD Centro de Saúde da Aveiro Pr. Rainha D. Leonor 3810 Aveiro Tel.: Beja CAD Centro de Diagnóstico Pneumológico de Beja Rua Rainha D. Amélia, Beja Tel.: / Barreiro CAD - Ext. Saúde Henrique Galvão Av. Henrique Galvão, Barreiro Tel.:

81 Braga CAD Largo das Carvalheiras, Braga Tel.: Bragança CAD I.P.J. Rua Oróbio de Castro 5300 Bragança Tel.: Castelo Branco CAD Rua Amato Lusitano, Castelo Branco Tel.: /4 Coimbra CAD Av. Bissaia Barreto Edifício BCG Coimbra Tel.: Évora CAD Hospital Espírito Santo Largo Sr. Da Pobreza Évora Tel.: ACCESS TO HEALTH CARE Faro CAD Rua Brites de Almeida, 6 3º Esq Faro Tel.: / Guarda CAD Centro de Saúde da Guarda Parque da Saúde da Guarda Av. Rainha D. Amélia Guarda Tel.:

82 Leiria CAD Laboratório de Saúde Pública Rua General Norton de Matos Leiria Tel.: / 4 Lisboa CAD Fundação Nossa Sª. Do Bom Sucesso Av.Dr. Mário Moutinho Restelo Lisboa Tel.: / CAD Centro de Saúde da Lapa Rua de São Ciro, nº Lisboa Tel.: / 3 Portalegre CAD Av. do Brasil, Portalegre Tel.: Porto CAD Rua da Constituição, Porto Tel.: Santarém CAD Hospital distrital de Santarém Av. Bernardo de Santareno Santarém Tel.: Setúbal CAD Centro de Saúde de S. Sebastião Ext. Saúde de Vale do Cobro Av. Das Descobertas 2910 Setúbal Tel.:

83 Vila Real CAD Rua Gonçalo Cristóvão, nº Vila Real Tel.: / 4 Ricardo Jorge National Health Institute (Instituto Nacional de Saúde Ricardo Jorge) Av. Padre Cruz Lisboa Tel.: Centre for Reception and Socio-Psychological Support (Centro de Acolh. E Acompanhamento Psicossocial) Junta de Freguesia de S. Domingos de Benfica Rua Raul Carapinha Lisboa Tel.: Sexually Transmitted Diseases Clinic (Free of charge with appointments made on the same day) Centro de Saúde da Lapa Rua de São Ciro, nº Lisboa Tel.: ACCESS TO HEALTH CARE 82

84 NOTES 83

85 ACCESS TO EDUCATION 84

86 ACCESS TO EDUCATION The High Commissioner for Immigration and Ethnic Minorities, in conjunction with the Interculture Department (Secretariado Entreculturas) has produced this chapter for immigrant parents who have school age children so that they can be successful and, through co-operation between school and family, can achieve successful integration in this country, which wishes to be truly welcoming and accepting. All parents wish their children to learn, be successful and be happy. They hope that through the school, the child will be prepared to form part of society, as a responsible and active citizen. The school can and should help the family in the so important job of bringing up children, but this is only possible if the school and the family work together. To work together it is necessary to get to know each other. To help in the process of knowledge, we provide information here that may be useful for immigrant parents to become more familiar with the kinds of schools that Portugal has and, in this way, better accompany their children s schooling. INTRODUCTION 85

87 ENROLMENT WHEN SHOULD I ENROL MY CHILD? The first enrolment is made in the calendar year in which the child turns six years of age, from the beginning of January until 15 September. Enrolment is renewed each year at the end of the academic year, in July. CAN I ENROL MY SON/DAUGHTER OUTSIDE THESE DATES? The school will accept enrolment at any time of the year for the 1st, 2nd and 3rd cycles of Primary Education, subject to a written request from the adult responsible for the child s education. AND WHAT HAPPENS IF IT IS NECESSARY TO CHAN- GE SCHOOL IN THE MIDDLE OF THE YEAR? You can ask to transfer school at any time of the year. WHICH DOCUMENTS ARE NECESSARY FOR ENROL- MENT? ACCESS TO EDUCATION a) official Identification Paper (Cédula) or Identity Card of the child or a certificate from the Embassy of the country of origin of the child. b) a completed enrolment form, along with a photograph. This form is supplied by the school and if you have difficulty in filling it in, the person who gave it to you should be able to help you. c) vaccination Record, Health Centre Card and Early Warning Health Record ( ficha de ligação ). This document is filled in by the Health Centre and allows early detection of visual and hearing problems, for example. It is therefore very important that you register at your local Health Centre. d) if you have any difficulty in obtaining these documents, tell the school of your problem. IN WHICH SCHOOL SHOULD I ENROL MY SON/DAU- GHTER? You should enrol your child in the school in the area where you live, or in the school in your area of work, if that is more convenient for yourself. 86

88 CAN MY ENROLMENT BE TURNED DOWN? In the school in your area of residence, no enrolment can be refused unless the child is older than fifteen years of age, or all places have been filled. In this case, the school itself will try and direct the student to another school in the area. IF MY SITUATION IS NOT REGULARISED, CAN MY CHILDREN STILL ENROL AND ATTEND SCHOOL? All children, whatever their situation with regard to the laws of their host country, have the right to education and, therefore, the right to attend school and take benefit from this as any other child. All citizens who are foreign minors and not regularised, and whose age is below the minimum permitted by law to independently sign a work contract, and are economically dependent on their family unit to which they belong, have access to Education in the same way that the law provides to minors in national territory who have regularised their situation. This right is established in Decree-Law No. 34/2003, 25 February. TIMETABLES WHAT IS THE TIMETABLE FOR CLASSES? Primary School First Cycle (1º Ciclo) The students have 25 hours per week. Classes start at 9.00 and finish at 15.00, with intervals halfway through the morning and at lunchtime. However, some schools operate a shift system. In this case, lessons could be in the morning from 8.00 to or in the afternoon from to You can indicate your timetable preference, and the school will try and respect this. Second And Third Cycles (2º e 3º Ciclos) The students have approximately 30 hours of classes, in a schedule that may be mainly a morning or an afternoon one. 87

89 DOES THE SCHOOL HAVE EXTRACURRICULAR AC- TIVITIES? Primary School (1º ciclo) There are schools which offer free-time activities (actividades de tempos livres ATL), normally through the initiative of the Parents Association. Because of this, they are not always free of charge. Second and Third Cycles (2º e 3º ciclos) In the Second and Third Cycles, schools often offer activities designated as enrichment activities (actividades de enriquecimento) such as Clubs (Environment, European, Photography) which are extracurricular and free, but within a limited timetable (two or three hours a week), as well as sports activities. SUPPORT DOES THE SCHOOL PROVIDE MEALS? Most schools have a canteen and provide meals. The student pays 1.25 euros, unless their meals are fully or partially subsidised. ACCESS TO EDUCATION IS THERE ANY FOOD SUBSIDY? It is necessary to fill out a school form with information about family income. Depending on this income you may have the right to a complete or partial subsidy. In the First Cycle of Primary Education milk is freely distributed every day to all students. IS THERE ANY SUPPORT FOR SCHOOLBOOKS? The form mentioned in the previous section also determines the right, whether complete or partial, to a subsidy for schoolbooks and other educational material. INFORMATION CAN I VISIT THE SCHOOL? Yes, at any time. Talk to the head of the school and ask for any information that you feel you need. 88

90 WHO SHOULD I TALK TO IN ORDER TO GET MORE INFORMATION? The school board (direcção da escola) will answer your questions and know how to put you in touch with others, if that is judged necessary. CAN I REGULARLY TALK WITH THE TEACHER OF MY CHILD? Whenever a parent has a worry or any urgent need to talk to a teacher. You can do this in person, through the school telephone or through a message left in the school daily record, in the First Cycle. In the case of the second and third cycles, this can be done through the student s register (Caderneta do aluno). IS THERE A SCHEDULE FOR SEEING PARENTS? In the first cycle there is only one teacher for each class. The teacher arranges an hour a week where he/she is available to speak to parents. In the second and third cycles each class has several teachers. Contact is made through the form teacher (Director de Turma). In these meetings parents and teachers exchange information about the school, classes, and the behaviour and scholastic progress of the children. In the event of it being impossible to talk to the form teacher at his/her available time, ask for another appointment. WHAT HAPPENS WHEN THE PUPIL HAS DIFFICUL- TIES WITH THE PORTUGUESE LANGUAGE? Whenever necessary, the school organises specific support classes for learning Portuguese, outside the normal timetable. LEARNING DIFFICULTIES MY CHILD HAS LEARNING DIFFICULTIES. WHAT CAN I DO? If you notice that your child is different in some way from the brothers or sisters or children who are in his circle (hearing badly, seeing badly, speaking difficulties or learning slowly), you should ask the teacher to carry out a careful examination of the child. 89

91 IS THERE SPECIFIC SUPPORT WITHIN/OUTSIDE THE SCHOOL? Some pupils require a different kind of education and greater attention. These children are integrated into classes and work alongside their colleagues but, beside their class teacher, they may also have the specific support of a special needs teacher who helps to find the most suitable way of teaching and responding to any difficulties. EQUIVALENCES IF THE CHILD HAS ALREADY ATTENDED SCHOOL IN ANOTHER COUNTRY, HOW CAN THIS BE EQUIVA- LENCED? You should present a scholastic record to the school, stamped by the Embassy. The student joins a class and immediately starts attending school, normally in the school year that corresponds to his/her age. The school can ask for the scholastic record to be translated, particularly in the final years of school. RESPONSIBILITIES OF THE PARENTS AND THE SCHOOL The school has the duty, in co-operation with the parents and the community, to stimulate the balanced development of the child, both in classroom activities and also in the other activities of the school. ACCESS TO EDUCATION The parents have the duty to actively follow the school life of their children, being in frequent contact with the teachers, so as to be aware of the children s progress and problems. CURRICULUM PROGRAMMES WHICH SUBJECTS WILL MY CHILD LEARN? Primary education is organised around two central themes: curriculum areas related to subjects cross-curricular areas (personal and social formation) All curriculum areas are integrated and organised in such a way as to develop general and specific skills such as: 90

92 researching, selecting and organising information, or cooperating with others in tasks and group projects. Education for Citizenship is present in all these areas. The cross-curricular areas are common to the three cycles: Project Supervised Study Civic training Moral and Religious education (voluntary attendance) The subject curriculum areas vary according to the level of education: First Cycle (1º ciclo) Portuguese Language Mathematics Study of the Environment Artistic and Physical-Motor expression Second Cycle (2º ciclo) Portuguese Language Foreign Language History and Geography of Portugal Mathematics Nature Sciences Visual and Technological Education Musical Education Physical Education Third Cycle (3º ciclo) Portuguese Language Foreign Language I Foreign Language II History Geography Mathematics Natural Sciences Physics-Chemistry Artistic Education Technological Education Physical Education Optional Subject (particular to each school) for example, ICT Information and Communication Technology. 91

93 USEFUL CONTACTS Cirep The Ministry of Education s Centre for Information and Public Relations Av. 5 de Outubro, 107, Lisboa Tel: Fax: cirep@min-edu.pt Internet SEF Service for Border Control and Aliens (Serviço de Estrangeiros e Fronteiras) Head Office Rua Conselheiros José Silvestre de Ribeiro, n.º Lisboa Tel.: Northern Regional Branch Rua D. João IV, Porto Tel.: Fax: dir.norte@sef.pt ACCESS TO EDUCATION Central Regional Branch Rua Venâncio Rodrigues, Coimbra Tel.: , Fax: dir.centro@sef.pt Lisbon, Vale do Tejo and Alentejo Regional Branch Av. António Augusto de Aguiar, Lisboa Tel. : Fax: dir.lisboa@sef.pt 92

94 Algarve Regional Branch Rua Luis de Camões, nº Faro Tel.: / Fax: Madeira Regional Branch Rua Nova da Rochinha, 1 B Funchal Tel.: / / Fax: dir.madeira@sef.pt The Azores Regional Branch Rua Marquês da Praia e Monforte, 10, Apartado Ponta Delgada Tel.: Fax: dir.acores@sef.pt Internet sef@sef.pt 93

95 RECOGNITION OF QUALIFICATIONS AND SKILLS 94

96 RECOGNITION OF QUALIFICATIONS AND SKILLS This chapter seeks, on the one hand, to explain the ways in which it is possible to obtain recognition of qualifications and skills, and, on the other hand, to clarify where particular applications should be handed in and which documentation should accompany these applications. However, being a summary, this information cannot hope to answer all the questions which can be put for each concrete case. For this reason, in the case of any doubt, please get in touch with the Support Office for the Recognition of Qualifications and Skills (Gabinete de Apoio ao Reconhecimento de Habilitações e Competências GARHC) of the High Commissioner for Immigration and Minorities (Alto Comissariado para a Imigração e Minorias ACIME) whose contact you will find at the end of this guide. INTRODUCTION 95

97 I - GENERAL SECTION HOW IS THIS CHAPTER ORGANISED? Higher Educational Qualifications academic recognition/equivalence professional recognition Non-Higher Educational Qualifications academic recognition (recognition by the Ministry of Education) Professional recognition (IEFP)* RECOGNITION OF QUALIFICATIONS AND SKILLS * Institute of Employment and Professional Training (Instituto do Emprego e Formação Profissional - IEFP) WHICH LEVELS OF EDUCATION EXIST IN PORTUGAL? The Portuguese educational system consists of three levels: pre-school, formal and non-formal education. Formal education itself consists of primary, secondary and tertiary education. Primary Education: a) primary education is universal, compulsory and free, and consists of nine years which are divided into three chronological cycles, the first lasting four years, the second two years and the third three years; b) successful completion of Primary Education entitles the student to a certificate, and upon request the successful completion of any year or period can also be specified; Secondary Education: a) anyone who has successfully completed Primary Education has the right to study any secondary education course; b) secondary education courses last for three years; 96

98 c) secondary education is organized according to distinct forms, which include courses predominantly orientated towards practical life skills or the continuation of studies (though all of them contain technical, technological and professional training components and Portuguese language and culture suitable for the level of the various courses); d) the successful completion of secondary school entitles the student to a certificate which specifies the training acquired and, in the case of courses chiefly orientated towards practical life skills, the level obtained with regard to the carrying out of specified professional activities; Higher Education: a) Higher Education consists of teaching and learning carried out in universities and polytechnics; b) the following degrees are awarded as a result of Higher Educational study: a) Ordinary Degree (Bacharel) b) Honours Degree (Licenciado) c) Master s Degree (Mestrado) d) Doctoral Degree (PhD) The various levels which form part of the Portuguese educational system are: Primary Education Cycle School Years Years Of Age 1st Cycle nd Cycle rd Cycle Secondary Education a) General courses / 3 school years / years of age; b) Technological courses / 3 school years / years of age; c) Vocational courses / 3 school years/ years of age; 97

99 Academic degrees awarded by Higher Educational Institutions a) Ordinary Degree (three year degree course); b) Honours Degree (4, 5 or 6 year degree course); c) Masters Degree (maximum length of 4 semesters); d) Doctoral Degree (variable length). WHAT EQUIVALENCE EXISTS BETWEEN THE EDU- CATIONAL LEVELS IN PORTUGAL AND THE EDUCA- TIONAL LEVELS IN OTHER COUNTRIES? Equivalence should be calculated taking into account the years of academic study for up to the 12 years of schooling, inclusive, contact should be made with the respective department of the Ministry of Education: RECOGNITION OF QUALIFICATIONS AND SKILLS For the first 9 years of schooling: Department of Primary Education Av. 24 de Julho, 134 Lisboa. From 9 to 12 years of schooling Department of Secondary Education Av. 24 de Julho, 138 Lisboa. Within Higher Education, requests for equivalence/recognition are considered on a case by case basis, with an individual higher educational institution granting or not awarding equivalence, with there being no process of automatic equivalencing. In order to be aware of the correspondence between the educational system where your training was carried out and the Portuguese educational system, you should contact the Support Office for the Recognition of Qualifications and Skills (Gabinete de Apoio ao Reconhecimento de Habilitações e Competências) operating in the premises of the High Commissioner for Immigration and Ethnic Minorities (ACIME) and for more detailed information regarding Higher Education with the National Academic Recognition Information Centre - NARIC (Centro de Informações sobre Reconhecimento de Diplomas) which is located at the Directorate-General for Higher Education (Direcção-Geral do Ensino Superior - DGES). 98

100 II - ACCESS TO HIGHER EDUCATION WHO CAN APPLY FOR A PLACE AT A HIGHER EDU- CATIONAL INSTITUTION? Individuals who satisfy the following conditions can apply, through a national application scheme, for a place on a particular course at a specified higher educational establishment: a) have satisfactorily completed a course of secondary education or who have a legally equivalent certificate; b) have sat any special tests demanded by this establishment/course in the year of application and have attained a classification equal to or greater than the minimum result specified by the course; c) have satisfied any other prerequisites which this course and establishment may have specified; d) have a final classification equal to or greater than the minimum established by the institution of higher education. Besides the candidates who meet the aforementioned conditions, other students with particular qualifications may also apply, namely: a) those in possession of a certificate of ability obtained in the special ability examination carried out for access to higher education for those over 25 years of age; b) those who already have a higher or post-secondary qualification; c) those who have been enrolled in degree courses in foreign higher educational institutions for at least two academic years who have successfully completed at least 50% of the subjects which make up the study programme of these two academic years of study; Note: Entry to each higher educational institution and degree programme is subject to a numerus clauses - that is, there is a maximum specified number of places. For more information about this subject you should contact the Directorate-General for Higher Education (Direcção-Geral do Ensino Superior). 99

101 III - HIGHER EDUCATIONAL QUALIFICATIONS A ACADEMIC EQUIVALENCE / RECOGNITION WHO CAN REQUEST RECOGNITION/EQUIVALENCE OF HIGHER EDUCATIONAL DEGREES AND QUALI- FICATIONS? According to Decree Law No. 283/83, 21 June, which regulates the standardisation of foreign qualifications with regard to the corresponding Portuguese qualifications, those who can request recognition/equivalence are: RECOGNITION OF QUALIFICATIONS AND SKILLS a) portuguese citizens; b) foreign citizens who are nationals of countries: I) with which specific agreements have been established with regard to equivalencing which will lead to a result as foreseen by this legislation; II) or, in the absence of such, those which have legislation which allows Portuguese citizens, within the framework of the principle of reciprocity, the rights foreseen by this legislation. WHAT DOES THE PRINCIPLE OF RECIPROCITY MEAN? It means that the existing legislation in the country of origin of the applicant permits a Portuguese citizen to request equivalence for his/her certificate and thus endow him/her with all the rights which ensue as a result of being the holder of the degree or diploma which has been granted, in accordance with legislation currently in force in that country. Citizens from countries of the European Union and Brazil are exempt from providing proof of reciprocity, as are those from countries which have ratified the Joint Convention of the Council of Europe/UNESCO regarding the Recognition of Higher Educational Qualifications within the European Region (the Lisbon Convention). Note: A list of the countries which ratified this Convention can be found in Appendix I of this chapter. 100

102 Citizens from countries not covered by the above should present, to the institution where they have made their request for equivalence/recognition, a document affirming that a Portuguese citizen who asks for the equivalence/recognition of his/her higher educational qualifications will receive the same treatment as nationals of that country, in accordance with legislation currently in force relating to this. IS IT POSSIBLE TO ASK FOR THIS EQUIVALENCE IN ONE S COUNTRY OF ORIGIN? IS IT POSSIBLE TO DO IT USING A PROCURATOR? It is possible to ask for this equivalence in one s country of origin, both in person and through a procurator (as long as the individual satisfies any conditions necessary to prove his competence as a procurator). ARE THERE DIFFERENT KINDS OF RECOGNITION OF HIGHER EDUCATIONAL CERTIFICATES? WHAT IS THE DIFFERENCE BETWEEN RECOGNITION AND EQUIVALENCE? It is necessary to establish a distinction between: 1. Academic equivalence this occurs when there are degrees or diplomas of an identical nature which exist within the Portuguese Higher Educational system in the same area, which lead to similarly named academic degrees, as well as the length of study and the curriculum plan. In this case, the degrees and diplomas obtained in foreign higher educational institutions made be declared equivalent to Doctoral and Masters degrees by Portuguese universities, and to Honours and Ordinary degrees, as well as other higher educational courses which do not lead to the awarding of degrees and which are carried out in Portuguese higher educational establishments. 2. Academic recognition occurs when there is no course which leads to the awarding of a degree or diploma at a corresponding level within the same area in Portuguese Higher Education (or when there is a distinct lack of similarity 101

103 between the curricular structures but there is no difference in the academic standing of the course). With regard to recognition of the qualification, this obligatorily leads to a statement of effect which includes: a) The corresponding level within the Portuguese Higher Education structure (Higher educational diploma, Ordinary degree, Honours degree, Masters, PhD, etc.); b) Any restrictions concerning academic matters and/or professional concerns. RECOGNITION OF QUALIFICATIONS AND SKILLS WHICH ARE THE ENTITIES WHICH CAN GRANT EQUIVALENCE FOR HIGHER EDUCATIONAL DIPLOMAS? WHOM SHOULD I CONTACT? The granting of equivalence falls exclusively within the competence of state higher educational institutions and the Portuguese Catholic University. With regard to applications for recognition and equivalence of Master s and PhD degrees, this, along with any supporting documentation, should be submitted to the administrative services of the educational establishment chosen. For other cases, the request should be submitted to the Academic Council (Conselho Cientifico) of the institutions where equivalence is being sought. The request must obligatorily mention the following: a) the foreign degree or diploma for which equivalence is being sought, as well as the educational establishment which conferred the degree; b) the Portuguese degree or diploma for which equivalence is being requested; Request pro-formas (Ministerial Order No. 1071/83, 29 December): Pro-forma (Modelo) No. 524 for equivalence to the degree of Doctor; Pro-forma (Modelo) No. 525 for equivalence to the degree of Master; 102

104 Pro-forma (Modelo) No. 526 for equivalence to an Honours Degree or Ordinary Degree or Higher Educational Courses which do not confer a degree; Pro-forma (Modelo) No. 527 for recognition of qualifications; The request forms can be obtained from branches of Imprensa Nacional Casa de Moeda (prices range from 38 to 55 cêntimos) or can also be requested from Portuguese Diplomatic Missions. They are sometimes available from University Central Administration services. HOW SHOULD I CHOOSE THE MOST SUITABLE HI- GHER EDUCATIONAL INSTITUTION? The choice of the higher educational institution where the request should be made is the responsibility of the person making that request. When carrying out this choice, the person should take into consideration: a) course names (it should be noted that not all courses with the same content have the same name); b) similarity with regard to the curriculum; c) the length of the course; d) the content of the programmes. WHICH DOCUMENTS ARE NECESSARY? The documents necessary will vary according to the degree concerned. As regards the equivalence of Honours and Ordinary Degrees, the following documents are necessary: a) a certificate indicating possession of the foreign degree or diploma for which equivalence is being sought; b) a document issued by the relevant service of the foreign university, listing the subjects which were successfully passed by the person submitting the request for equivalence which led to the awarding of the degree or diploma for which equivalence is being requested, as well as the duration of the course of studies to obtain the same, as well as the corresponding final classification, or, if not fully awarded, the partial classifications; 103

105 c) where relevant, two copies of any dissertation written as a separate distinct component of the programme of studies. As regards the equivalence of a Master s Degree, the following documents are necessary: RECOGNITION OF QUALIFICATIONS AND SKILLS a) a certificate indicating possession of the foreign degree or diploma for which equivalence is being sought; b) a document issued by the relevant service of the foreign university, listing the subjects which were successfully passed by the person issuing the request for equivalence and which formed an essential part of the degree for which equivalence is being requested; c) 2 copies of the dissertation and other assignments which were presented for the awarding of the degree for which equivalence is being sought; d) a document indicating the conditions necessary for acceptance onto the course and the awarding of the foreign degree for which equivalence is being sought, at the time when the degree was conferred. As regards the equivalence of a PhD Degree, the following documents are necessary: a) a certificate indicating possession of the foreign degree or diploma for which equivalence is being sought; b) a document issued by the relevant service of the foreign university, listing any subjects which were successfully passed by the person issuing the request for equivalence and which may have formed an essential part of the degree for which equivalence is being requested; c) 2 copies of the dissertation and other assignments which were presented for the awarding of the degree for which equivalence is being sought; d) 2 copies of the applicant s Curriculum Vitae up to the time of the awarding of the degree for which equivalence is being sought. Note: Assignments and dissertations should be appended with a note from the relevant department of the foreign university or higher educational institution indicating if 104

106 the assignments and/or dissertations were submitted and accepted for the awarding of the degree or diploma for which equivalence is being sought. COULD FURTHER DOCUMENTS BE ASKED FOR? Yes, whenever a Jury considers it necessary in order to evaluate the request, they can ask the applicant for further documents, such as entry requirements, regulations and study programmes. WHICH DOCUMENTS NEED TO BE TRANSLATED? The Jury and/or Academic Council (Conselho Cientifico) may demand, where this is felt justified, the translation of documents and assignments, originally written in a foreign language, but this translation should be accompanied by the original document. WHICH CRITERIA ARE USED AS THE BASIS TO GRANT EQUIVALENCE? Consideration of the request for equivalence is carried out taking into account its scientific merit, as shown by the elements presented and the explicit request made on the pro-forma application form. UP TO HOW LONG DOES A DECISION TAKE CONCERNING A REQUEST FOR EQUIVALENCE? With regard to the process of establishing equivalence for Honours Degrees and Ordinary Degrees and Higher educational courses which do not award a degree, the decision concerning the granting or not of equivalence must be carried out within a period of sixty days after the processing of the request has been made. In the case of establishing equivalence for Doctor s and Master s degrees, legislation exists which specifies the stages to be carried out and the deadlines for each step. Totalling the envisaged periods gives a total of 150 days as a maximum period set out for deliberations concerning the granting or not of equivalence (See Decree-Law No. 283/83, 21 June). 105

107 HOW MUCH AND IN WHAT WAY WILL I PAY FOR THE EQUIVALENCE PROCESS? Each institution annually publishes a list of fees regarding requests for equivalence and the issuing of other certificates in the Governmental publication Diário da República. As a guide, the amount normally varies between 200 and 400 euros. The form of payment is determined by the institution. RECOGNITION OF QUALIFICATIONS AND SKILLS WHAT CAN I DO IN THE EVENT OF MY REQUEST FOR EQUIVALENCE BEING REFUSED? Refusal does not prejudice the submission of a new application, at a different educational establishment or even at the same, with regard to another course. However, only one request at a time can be made. HOW MANY TIMES CAN I SUBMIT A REQUEST FOR EQUIVALENCE? There is no limit established for the number of times a request for equivalence can be submitted. However, only one request at a time can be made. (Art. 28 of Decree- Law No. 283/83, 21 June). CAN I OBTAIN EQUIVALENCE FOR PART OF A COURSE, OR SOME SUBJECTS, IN A PORTUGUESE HIGHER EDUCATIONAL ESTABLISHMENT, AND THEN FINISH THE COURSE? Yes. WHICH ARE THE HIGHER EDUCATIONAL ESTABLISHMENTS WHERE I CAN COMPLETE MY HIGHER EDUCATIONAL STUDIES (STATE, PRIVATE AND CO-OPERATIVE)? This choice should be made by the applicant taking into consideration the similarity of study programmes already attended and can be made from state, private and cooperative education. HOW CAN I ENROL IN ORDER TO FINISH MY COUR- SE OF STUDIES? Procedures are established by each higher educational institution. You should therefore contact the higher educational institution you wish to attend in order to obtain the necessary information. 106

108 DO ANY RESTRICTIONS EXIST WITH REGARD TO APPLICANTS WHO ARE IMMIGRANTS? There are no restrictions. However, it should be noted that the courses are carried out in Portuguese. DOES EDUCATION INVOLVE COMPULSORY ATTENDANCE? The internal regulations of each educational institution determine the rules regarding attendance of courses. Institutions have different systems, from compulsory attendance to evaluation through end of course exams and to distance learning. As such, you should contact your chosen institution directly to obtain the relevant information. IS HIGHER EDUCATION IN PORTUGAL PAID FOR? Higher educational study by students is paid for. Annual rates are established with regard to: fees for state higher education; monthly charges for private and co-operative higher education. IN THE EVENT OF BEING ECONOMICALLY UNABLE TO MAKE THESE PAYMENTS, CAN I OBTAIN HELP TO CONTINUE MY STUDIES? Yes, as regards foreign students who originate from countries with which co-operation agreements have been established which envisage the granting of such benefits or with States which grant equal treatment under the law, given the same circumstances, to Portuguese students. WHERE CAN I OBTAIN INFORMATION ABOUT THE COURSES OFFERED BY HIGHER EDUCATIONAL INSTITUTIONS? 1. Brochures about courses/institutions and their respective addresses can be requested from the CIREP Centre of the Ministry of Education, Av. 5 de Outubro, nº. 107; 2. You can also consult the website of the Ministry of Science and Higher Education 107

109 3. You can also contact the Support Office for the Recognition of Qualifications and Skills (Gabinete de Apoio ao Reconhecimento de Habilitações e Competências) operating in the premises of the High Commissioner for Immigration and Ethnic Minorities (Alto Comissariado para a Imigração e Minorias ACIME). RECOGNITION OF QUALIFICATIONS AND SKILLS ONCE I HAVE OBTAINED EQUIVALENCE, WILL I HAVE THE RIGHT TO CARRY OUT PROFESSIONAL FUNCTIONS CORRESPONDING TO THE QUALIFICA- TION GRANTED TO MYSELF? For certain regulated professions, the granting of equivalence is not sufficient in itself to carry out professional functions, and it is necessary to meet the requirements established by the bodies which govern these regulated professions (see the explanation in the following section for more details). B PROFESSIONAL RECOGNITION OF HIGHER LEVEL QUALIFICATIONS Professional recognition aims to allow access to professions whose practice requires not only a Higher Education diploma resulting from a minimum 3 years study, but also regulated legislative or administrative arrangements. Within the scope of Higher Education, recognition for access to and/or practice of regulated professions (see Appended Lists) by citizens from the European Union, Liechtenstein, Norway, Iceland and Switzerland, and also Central and Eastern European countries which joined the European Union in 2004, is regulated by European Community Directives. If you are not a citizen from one of the aforementioned countries you remain outside the scope of application of these Directives, and the ways open to you are academic equivalence/recognition or the professional recognition of non-higher educational qualifications as outlined in pages 106 onwards. 108

110 WHO SHOULD I ADDRESS MY REQUEST FOR PROFESSIONAL RECOGNITION TO? To obtain current legislation on this matter, the immigrant should first of all go to the National Coordination Body for Directive No. 89/48/CEE (Coordenação Nacional da Directiva 89/48/CEE), located at the Directorate-General of Higher Education, to see if she/he satisfies the necessary requirements to submit a request to the relevant authority for the profession in question. A list of these professions and the corresponding professional bodies can be found in Appendix III. In addition to the aforementioned Directive, which covers a range of regulated professions in Portugal, there are also sectorial directives with regard to the following professions: doctors, dental surgeons, vetinary surgeons, pharmacists, nurses, midwives and architects (see Appendix II). Of further note with regard to professional recognition is Directive 2001/19/CEE, 14 May, which has recently implemented simplified administrative measures related to Directive 89/48/CEE and to sectorial directives. WHAT DOES REGULATED PROFESSION MEAN? Regulated profession refers to a professional activity or group of professional activities to which access and practice are dependant on holding a diploma. The practice of the said activity requires a professional title only awarded to those who fulfil certain conditions regarding qualification, and whose profession is not covered by a Sectorial Directive. To find out more about regulated professions in Portugal, contact the National Coordination for the Directive, based in the Directorate-General for Higher Education, and/or the Support Office the Recognition of Qualifications and Skills (Gabinete de Apoio ao Reconhecimento de Habilitações e Competências) of ACIME. WHAT IS A PROFESSIONAL GOVERNING BODY? Professional Governing Bodies are public associations which represent certain professions. They establish a set of requisites that must be met before permission to practise this profession can be granted. Once these conditions are met, the respective professional licence is issued. 109

111 To find out which professional Governing Bodies exist in Portugal, as well as entry requirements for them, you should contact the National Coordination for Directive 89/48/CEE, based at the Directorate-General for Higher Education and/or the Support Office the Recognition of Qualifications and Skills (Gabinete de Apoio ao Reconhecimento de Habilitações e Competências) of ACIME. IV EQUIVALENCE OF PRIMARY AND SECONDARY EDUCATION STUDIES RECOGNITION OF QUALIFICATIONS AND SKILLS A EQUIVALENCE OR RECOGNITION OF QUALIFICATIONS, STUDIES AND DIPLOMAS FROM FOREIGN EDUCATIONAL SYSTEMS TO PORTUGUESE PRIMARY AND SECONDARY LEVEL QUALIFICATIONS, STUDIES AND DIPLOMAS. FOR WHAT REASONS IS EQUIVALENCE OF STUDIES AWARDED? Equivalence can be awarded to allow the continuation of studies, for professional purposes, for promotion in public posts and for other reasons. DOES THE PROCESS OF OBTAINING EQUIVALENCE VARY ACCORDING TO THE NATIONALITY OF THE APPLICANT? Obtaining equivalence varies according to the qualifications brought from the overseas country. Published equivalence tables exist, organised country by country. By Governmental order, the Portuguese Government can define new equivalence tables. Should equivalence be sought for qualifications not listed in the tables, the Ministry of Education s central services will award these on a case-by-case basis. IN THE EQUIVALENCE PROCESS ARE GRADES AWARDED? As far as primary education is concerned, equivalence is awarded without a grade, except in cases where the applicant has expressly asked for one. As for secondary education, equivalence is awarded along with a single overall grade. 110

112 WHO IS RESPONSIBLE FOR AWARDING EQUIVALENCE AT THE PRIMARY AND SECONDARY LEVEL? a) Regional directors of education are responsible for awarding equivalence for the 1st cycle of primary education, irrespective of the purpose for which the request has been made; b) equivalence for the continuation of studies in the 2nd and 3rd cycles of primary education and secondary education stated in the tables published in Decree- Law No. 219/97, 20 August, are the responsibility of the governing bodies of educational establishments, be they state, or private and cooperative, providing they have pedagogical autonomy; c) equivalence for the continuation of studies, for professional purposes, for promotion in public posts and for other reasons, except in situations outlined in paragraphs a) and b) above, are the responsibility of the Head of the Directorate-General for Innovation and Curricular Development of the Ministry of Education (Direcção Geral de Inovação e Desenvolvimento Curricular do Ministério da Educação). WHICH BODIES CAN I CONTACT TO OBTAIN EQUIVALENCE? a) 1st cycle of primary education the Regional Education Directorate (Direcção Regional da Educação) responsible for educational provision in the area of residence; b) 2nd and 3rd cycles of primary education and secondary education the administrative services of the state or private and cooperative educational establishment in your area of residence; c) in cases of doubt, you can contact the Ministry of Education s Public Relations Information Centre (Centro de Informações e Relações Públicas do Ministério da Educação CIREP) at Av. 5 de Outubro, nº 107 or at Av. 24 de Julho, nº 134-C, or the Directorate-General for Innovation and Curricular Development (DGIDC), at Av. 24 de Julho, nº 140 and/or 138 in Lisbon. 111

113 RECOGNITION OF QUALIFICATIONS AND SKILLS WHICH DOCUMENTS ARE NECESSARY TO START THE EQUIVALENCE PROCESS? a) Pro-forma No. 198 (Modelo) from the Ministry of Education, which can be obtained from educational establishments or the Ministry of Education s Public Relations Information Centre (CIREP), at the addresses given above; b) a copy of the certificate of the last year successfully completed, previously authenticated by the Portuguese Embassy or Consulate in the county of origin, or by the Embassy or Consulate of the foreign country in Portugal, or with an annotation for countries which have signed the Convention of The Hague ( a list of these countries can be found at the end of this leaflet, in Appendix VII); c) other documents which may prove or clarify qualifications mentioned in the request for equivalence, such as the school portfolio (total of years studied at school), subject reports and exams with their respective grades and diplomas for the last two or three years; d) special situation: if, through recognised force majeure, it is not possible to prove the existing qualifications with certificates, the substitution of these documents, in exceptional circumstances, can be made by a written declaration from the guardian responsible for education, or substitute where there is none, or the applicant him/herself as long as he/she is a legal adult, who under oath, can specify the qualification achieved (Article 15 of Decree-Law No. 219/97, 20 August). SHOULD DOCUMENTS BE TRANSLATED? The body dealing with the request for equivalence can demand the translation of documents, whenever it sees fit. WHO CAN CARRY OUT THESE TRANSLATIONS? Translations can be carried out by any person, as long as they are authenticated by the embassy or consulate. 112

114 WHAT IS THE MAXIMUM LENGTH OF TIME FOR A DECISION ON A REQUEST FOR EQUIVALENCE? The deadline is 90 days, as defined by the Administrative Procedure Code (Código do Procedimento Administrativo). HOW MUCH DOES THE EQUIVALENCE PROCESS COST? The Certificate of Equivalence is free of charge. IS IT POSSIBLE TO APPEAL AGAINST THE AWARDING OR NOT OF EQUIVALENCE? In cases of complaint, the guardian responsible for education or the applicant him/herself, if a legal adult, can appeal to the Regional Director of Education, when equivalence would be awarded by a state or private education establishment, or in other cases, to the Ministry of Education. HOW MANY TIMES CAN EQUIVALENCE BE APPLIED FOR? More than one request for equivalence can be presented, as long as it duly founded, indicating the differing objectives of the applicant, alterations to qualifications, new documentation to add or to clarify qualifications that have already been presented. In these instances, the already-started process should be referred to, as these documents provide extra information with regard to the case in general. B RECOGNITION OF PROFESSIONAL QUALIFICATIONS WHAT IS PROFESSIONAL RECOGNITION? It is the proof of professional qualifications obtained in other countries, which permit the bearer to carry out the corresponding activity or profession in Portugal, thus providing equality as far as access to the job market is concerned. HOW DOES THIS PROFESSIONAL RECOGNITION PROCESS WORK ON A EUROPEAN UNION LEVEL? By implementing a General System for Recognition of Professional Qualifications, people who already have pro- 113

115 fessionally qualified in one Member-State may obtain recognition of this in a second Member-State, should they wish to perform the same professional activity there. DOES THE GENERAL SYSTEM FOR RECOGNITION OF PROFESSIONAL QUALIFICATIONS APPLY TO ALL PROFESSIONS? No. It only applies to regulated professions and activities in the host Member-State, i.e. professions and professional activities whose recruitment and execution are dependent on the holding of certain qualifications. RECOGNITION OF QUALIFICATIONS AND SKILLS These professions or professional activities are dealt with in the Legal Diplomas that transfer the three European Community Directives concerning the General System for Recognition of Professional Qualifications in Portugal, although this does not apply to regulated professions which may encompassed by sectorial directives. (A list of these professions may be found at the end of this pamphlet, in Appendices II-V). HOW CAN I CLARIFY ANY DOUBTS RELATING TO EUROPEAN COMMUNITY DIRECTIVES IN PORTUGAL AND IDENTIFY THE CORRECT GOVERNING BODY TO RECEIVE AND PROCESS MY REQUEST? By contacting the coordinating institutions of the Community Directives General System for Recognition of Professional Qualifications, chiefly: a) Directorate-General of Higher Education (Direcção-Geral do Ensino Superior) for recognition of Higher Education diplomas which stipulate a minimum three-year professional training course. b) Directorate-General of Vocational Training (Direcção-Geral do Formação Vocacional) for recognition of diplomas, certificates or other titles which stipulate a professional training course at Secondary or Post-Secondary level that are not included in the first general category. 114

116 c) Institute of Employment and Professional Training (Instituto de Emprego e Formação Profissional - IEFP) for the recognition of diplomas or any other titles and professional qualifications based on professional experience, for the professional activities covered by the directives on liberalisation and free movement measures. This completes the General System of Diploma Recognition. Further clarification may be obtained from these institutions regarding contact names and details for relevant authorities to receive and process your request (See Appendices II-V). HOW IS PROFESSIONAL RECOGNITION CARRIED OUT OUTSIDE THE SCOPE OF THE EUROPEAN UNION? It is carried out within the scope of the National System of Professional Certification (Sistema Nacional de Certificação Profissional - SNCP). WHAT IS THE NATIONAL SYSTEM OF PROFESSIO- NAL CERTIFICATION (SISTEMA NACIONAL DE CER- TIFICAÇÃO PROFISSIONAL - SNCP)? The National System of Professional Certification (SNCP) has as its principal objectives the valuing of workers and an increase in the quality of professional and work training, through the recognition and certification of professional skills and the homologation of professional training courses. In this way, the National System of Professional Certification (SNCP) has as its final objectives: a) The certification of skills held by a professional; b) The regularisation of professional training to be found in the employment market. 115

117 WHAT IS PROFESSIONAL CERTIFICATION? To certify is to guarantee that a person has the necessary skills to carry out a certain profession. This guarantee is expressed through the issuing of a Certificate of Professional Aptitude (CAP) by a suitable governing body. Professional certification serves to : a) facilitate the free circulation of workers within the European Union; b) promote the transparency of qualifications; c) allow fairer employability; d) guide the supply of professional training towards necessary and useful qualifications. RECOGNITION OF QUALIFICATIONS AND SKILLS HOW DOES THE PROCESS FOR EQUIVALENCE/ PROFESSIONAL RECOGNITION WORK IN THE NATIONAL SYSTEM OF PROFESSIONAL CERTIFICATION (SISTEMA NACIONAL DE CERTIFICAÇÃO PROFISSIONAL - SNCP)? In the case of professions deemed the jurisdiction of the National System of Professional Certification, a Certificate of Professional Aptitude (CAP - Certificado de Aptidão Profissional ) is issued This document proves that the bearer has the necessary professional skills to exercise, with quality, the stated profession. Some of these CAP certificates are obligatory in order to perform the respective activity but the majority are only voluntary, thus serving more as an item of individual professional worth and self-esteem. The obligatory CAP really only apply to professions where there is a risk to the health and safety of people and their goods, such as is the case with personal services (for example Hairdressing and Beauty services) and taxi drivers. As regards professions for which there are no certificates equivalenced within the scope of SNCP, IEFP will recognise, by means of its Department of Certification, the candidates qualifications in order to perform a stated profession or activity in Portugal, thus fulfilling Portugal s 116

118 requirements with regard to the idea of free circulation of people. This recognition is consubstantiated with the issuing of a Declaration of Professional Aptitude (DAP). WHO AND WHAT ARE THE CERTIFYING AUTHORITIES AT SNCP WHO WILL GRANT EQUIVALENCE/RECOGNITION OF CERTIFICATES AND OTHER TITLES FROM PROFESSIONAL COURSES? WHERE SHOULD I GO? They are the authorities responsible for the issuing of certificates of professional aptitude in a determined sector or professional area and for the homologation of respective professional training courses. These authorities are indicated in Appendix VI, along with a list of professions that have been regularised within the scope of SNCP. WHAT SHOULD I DO TO GET THIS PROFESSIONAL EQUIVALENCE/ RECOGNITION? You should hand in your request at the relevant certificate issuing body or at IEFP, through your local Job Centre or Department of Certification. The delivery of this request may be carried out in person or by mail, accompanied by any necessary documentation. WHICH DOCUMENTS ARE NECESSARY FOR THIS REQUEST? The candidate for Equivalence/Recognition must produce: a) an authenticated photocopy of the diploma or certificate proving the subject s professional qualifications; b) an identification document or document which proves permission to stay status/legal residence in Portugal; c) the candidate may be asked for a curricular plan of his/her course, a document proving academic qualifications and a translation of any document produced. WHICH DOCUMENTS SHOULD BE AUTHENTICATED? Copies of the candidate s diploma or certificate proving professional qualifications must be authenticated. 117

119 WHO SHOULD THE COPIES OF THE DOCUMENTS BE AUTHENTICATED BY? The documents may be authenticated by the receiving office, post offices, lawyers and notaries or any other official body, namely consulates and embassies. WHICH DOCUMENTS SHOULD BE TRANSLATED? Any document making clear the candidate s qualifications, such as the title, diploma or certificate and respective curricular plan, should be translated. RECOGNITION OF QUALIFICATIONS AND SKILLS WHICH TRANSLATIONS SHOULD BE AUTHENTICATED? As a general rule, IEFP does not require translations to be authenticated, bearing in mind that the candidate can help with the comprehension of the presented documents. Only in the case of a doubt would an official translator, that is one legally empowered to do so, be called upon to provide a translation. IS TRANSLATION OF DOCUMENTS ALWAYS NECESSARY? IN WHAT CASES IS IT NOT? No. No translation is necessary if the documents presented are written in the following languages: French, English, Spanish, Italian and German. WHAT IS THE MAXIMUM LENGTH OF TIME FOR A DECISION REGARDING A REQUEST FOR EQUIVALENCE/RECOGNITION? The maximum period is 90 days, in accordance with the Code of Administrative Procedures. HOW AND HOW MUCH WILL I HAVE TO PAY FOR AN EQUIVALENCE/RECOGNITION REQUEST? At the time of writing, and at the level of recognition provided by IEFP, the process bears no cost to the applicant. WHAT SHOULD I DO IF MY EQUIVALENCE/RECOG- NITION REQUEST IS REFUSED? There is no definite procedure for appealing against a request refusal. The applicant could try to fulfil the requirements by other means, chiefly by supplying new information that would allow a reappraisal of the request. 118

120 APPENDIX I List of principal countries to ratify the Lisbon Convention whose citizens are exempt from proof of reciprocity: Albania Australia Austria Azerbaijan Belarus Bulgaria Cyprus Croatia Czech Rep. Denmark Estonia APPENDIX II France Georgia Hungary Iceland Kazakhstan Latvia Liechtenstein Lithuania Luxemburg Macedonia Moldova Norway Portugal Romania Russia Slovakia Slovenia Sweden Switzerland The Vatican Ukraine UK Regulated professions effected by a sectorial directive Doctor General Practitioner and Specialist General Care Nurse Dentist Midwife Veterinary Surgeon Pharmacist Architect APPENDIX III Regulated professions to which the Legal Diploma to enact Directive No. 89/48/CEE refers. (Decree-Law No. 289/91, 10 August, altered by Decree- Law No. 396/99, 13 October and by Decree-Law No. 71/2003, 10 April) 119

121 Regulated professions to which Ministerial Decree No. 325/2000, 8 June, refers Legal, accounting and financial sector Lawyer Auditor Official Audit Technician Industrial Propriety Agent Governing bodies to which Ministerial Decree No. 325/2000, 8 June, refers Order of Lawyers Order of Auditors Council of Official Audit Technicians National Institute of Industrial Property RECOGNITION OF QUALIFICATIONS AND SKILLS Medical and Paramedical Sector Clinical Analyses and Public Health Technician Anatomic Pathology, Cyptology and Thanatology Technician Audiology Technician Cardiopneumology Technician Dietician Pharmaceutical Technician Physiotherapist Dental Hygenist Nuclear Medicine Technician Neurophysiology Technician Orthoptist Orthoprothesist Dental Prothesis Technician Radiology Technician Radiotherapy Technician Speech Therapist Occupational Therapist Environmental Health Technician Psychologist Department of Modernisation and Health Resources Institute for the Development and Inspection of Working Conditions 120

122 Technical and Scientific Sector Civil Engineer Mechanical Engineer Electrotechnical Engineer Mining Engineer Chemical Engineer Naval Engineer Geographic Engineer Agronomics Engineer Forestry Engineer Metallurgy Engineer Computer Engineer Environmental Engineer Order of Engineers Regulated professions to which Ministerial Decree No. 325/2000, 8 June, refers Governing bodies to which Ministerial Decree No. 325/2000, 8 June, refers Technical Civil Engineer Technical Electronics and Telecommunications Engineer Technical Energy and Power Systems Engineer Technical Mechanical Engineer Technical Chemical Engineer Technical Computer Engineer Technical Geotechnical Engineer Technical Agrarian Engineer ANET National Association of Technical Engineers 121

123 Education sector Kindergarten teacher Primary School Teacher (1st,2nd and 3rd cycles) Secondary School Teacher Directorate-General of Educational Administration Higher Education Polytechnic Lecturer Coordinating Council of Polytechnic Institutes RECOGNITION OF QUALIFICATIONS AND SKILLS Higher Education University Lecturer Cultural sector National Tour Guide Tourist Courier Hotel Manager Transport sector Merchant Navy Officer Engine Driver Merchant Navy Officer First Mate Merchant Navy Officer Radio Technician Public Administration sector Technician (general/ specialist) Higher Technician (general/specialist) Council of Deans of Portuguese Universities Tourism Training Institute Harbours and Maritime Transport Institute Directorate-General of Public Administration 122

124 APPENDIX IV Regulated professions to which Decree-Law No. 242/96, 18 December, refers, which enacts Directive No. 92/51/ CEE Regulated professions Governing Bodies Fisheries and Transport Sector First Mate Boatswain Skipper large fishing vessel Skipper coastal fishing vessel First Mate Fishing Vessel Skipper Master of local traffic Practical Driver 1st, 2nd and 3rd class Electrician Ship s Mechanic Craftsperson Stores person First and Second Class Seaman Fisherman-Seaman Fisherman Seaman of local traffic Seaman Driver Driver s Mate Chamber Employee Ship s Cook Ministry of Social Equipment Harbours and Maritime Transport Institute School of Fishing and Merchant Navy 123

125 Health Sector Dental Prothesis Technician Dental Hygienist Assistant or Technical Assistant Chemist Ministry of Health Department of Modernisation and Health Resources Institute of Medicine and Pharmacy (INFARMED) RECOGNITION OF QUALIFICATIONS AND SKILLS Hotel, Restaurant and Tourism sector Receptionist Doorman Concierge Maid Public Announcer Waiter Bar person Cook Pastry Chef Butler/Housekeeper Launderette Supervisor Coach driver Tourist Information Receptionist Regional Tour Guide Transfer Supervisor Ministry of Economy Tourism Training Institute 124

126 APPENDIX V Regulated Activities to which Degree-Law No. 48/2003, 20 March, refers, which enacts Directive No. 1999/42/ CE. Regulated Activities Governing Bodies Auxiliary Activities related to internal shipping Directorate-General of Maritime Authority Transportation Activity Public Transport of Passengers Merchandise road haulage Transport of dangerous merchandise Directorate-General of Land Transport Patenting Agencies and respective profitdistributing companies National Institute of Industrial Propriety Travel Agencies Directorate-General of Tourism Agriculure Directorate-General of Rural Development Wholesale and Scrap Directorate-General of Commerce and Competition Communication: Mail and Telecommunications Portugal Communications Institute 125

127 Building Construction and Civil Engineering Institute of Public and Private Works and Real Estate Markets Electricity and Gas Directorate-General of Energy Hotels and Restaurants Directorate-General of Tourism RECOGNITION OF QUALIFICATIONS AND SKILLS Real Estate Companies Personal Services hair and beauty Beauty Institutes, Professional Schools of Beauty Care Forestry and Forestry Exploitation Institute of Public and Private Works and Real Estate Markets Institute of Employment and Professional Training Forestry Directorate- General 126

128 APPENDIX VI NATIONAL SYSTEM OF PROFESSIONAL CERTIFICATION LIST OF PROFESSIONAL PROFILES AND CERTIFICATE ISSUING BODIES (WITH REGULATIONS PUBLISHED IN A LEGAL DIPLOMA) Activity Sector Professional Profiles Farm Machinery Operator Certificate Issuing Bodies Farmhand Food and crops Farmhand Fruit Farmhand Wine production Farmhand Ornamental and edible horticulure Institute of Rural and Hydraulic Development Farmhand Poultry Building Design Technician Building and Public Works Topography Technician Measurement and Estimate Technician IEFP Institute of Employment and Professional Training Work Technician (Work Leader) 127

129 Education / Training Trainer Pedagogic Competence IEFP Institute of Employment and Professional Training Graphic Design Technician Graphic Industry Pre-print Operator Print Operator IEFP Institute of Employment and Professional Training RECOGNITION OF QUALIFICATIONS AND SKILLS Wood, Furniture and Cork Graphic Fittings Operator Cabinet maker Wood and Furniture Design Technician First Wood Transformation Machine Operator Second Wood Transformation Machine Operator Wood and Furniture Fittings Technician Carpenter/ Clean Material Carpenter IEFP Institute of Employment and Professional Training 128

130 Activity Sector Professional Profiles Certificate Issuing Bodies Metal worker Mandrilador Mechanic CNC Machine Tools Operator Metallurgy and Metallomechanics Machine-Tools Operator/ Technician Mechanical Lathe Mechanical Drill IEFP Institute of Employment and Professional Training Mechanical Rectifier Moulds, Stamps and Cuttings Metal worker Electroerosador Ornamental and Industrial Stones Ornamental Stone Extraction Technician Stonecutter IGM Geology and Mining Institute 129

131 Safety and Hygiene at Work Work Safety and Hygiene Higher Technician Work Safety and Hygiene Technician IDICT Institute of Development and Inspection of Working Conditions Administrative Assistant RECOGNITION OF QUALIFICATIONS AND SKILLS Administrative Services Personal Services, Hair and Beauty Road Transport Administrative Technician Secretariat Technician Book-keeping Technician Beauty Masseur/ Masseuse Beauty - Cosmetologist Manicurist/ Pedicurist Hairdresser (Unisex) Barber Small Passenger or Goods vehicle Driver Rented Public Transport IEFP Institute of Employment and Professional Training IEFP Institute of Employment and Professional Training DGTT Office of Land Transport 130

132 APPENDIX VII List of principal countries adhering to the Convention of The Hague, 5th October 1961 Andorra Argentina Armenia Australia Austria Belarus Belgium Bosnia and Herzegovina Bulgaria China (Hong Kong and Macau) Colombia Croatia Cyprus Czech Rep. Estonia Finland France Germany Greece GLOSSARY Holland Hungary Italy Ireland Israel Japan Kazakhstan Latvia Lesotho Liberia Liechtenstein Lithuania Luxemburg Macedonia Malta Maurítias Mexico Monaco Namibia New Zealand Norway Panama Portugal Romania Russia Salvador Slovakia Slovenia Spain South Africa Surinam Sweden Switzerland Tongo Turkey UK USA Venezuela Yugoslávia ACIME High Commissioner for Immigration and Ethnic Minorities DGES Directorate-General of Higher Education NARIC National Academic Recognition Information Centre CIREP Public Relations and Information Centre of the Ministry of Education DGIDC Directorate-General of Innovation and Curricular Development DGFV Directorate-General of Vocational Training IEFP Institute of Employment and Professional Training SGRQP General System for Recognition of Professional Qualifications SNCP National System of Professional Certification CAP Certificate of Professional Aptitude DAP Declaration of Professional Aptitude 131

133 USEFUL CONTACTS Directorate-General of Higher Education Av. Duque D Ávila, nº 137, 4º Lisboa Telephone / Fax PUBLIC RELATIONS AND INFORMATION CENTRE OF THE MINISTRY OF EDUCATION (CIREP) RECOGNITION OF QUALIFICATIONS AND SKILLS Av. 5 de Outubro, nº Lisboa Telephone Fax Av. 24 de Julho, nº 134-C 1500 Lisboa Telephone / 8 Directorate-General of Innovation and Curricular Development (DGIDC) Av. 24 de Julho, nº 140 and/or 138 Lisboa Telephone IEFP - Institute of Employment and Professional Training Department of Certification Rua de Xabregas, nº Lisboa Telephone

134 NOTES 133

135 LEGISLATION RELATING TO PORTUGUESE NATIONALITY 134

136 LEGISLATION RELATING TO PORTUGUESE NATIONALITY Law No. 37/81, 3 October, with alterations introduced by Law No. 25/94, 19 August. Rules regarding Portuguese Nationality Decree-Law No. 322/82, 12 August, altered by: Decree-Law No. 117/93, 13 April; Decree-Law No. 253/94, 20 October; Decree-Law No. 37/97, 31 January. Legislation relating to Portuguese nationality specifies the granting, acquisition and loss of Portuguese nationality, as well as registering, proving and contesting nationality. The aim of this chapter is to explain, on the one hand, in the way in which Portuguese nationality can be granted and acquired and, on the other hand, clarify where the corresponding applications should be made and which documents are needed to accompany these requests. As this is a summary of the information, this brochure cannot hope to answer every question that arises in each individual case. Therefore, in case of doubt, you should consult the respective legislation, which is available on the Web Site of the High Commission for Immigration and Ethnic Minorities (Alto Comissariado para a Imigração e Minorias - ACIME) ( INTRODUCTION 135

137 HOW CAN I OBTAIN PORTUGUESE NATIONALITY? The legislation regarding Portuguese nationality mentions several ways of acquiring or being granted Portuguese nationality. These ways are: 1. Being granted nationality (original nationality) this is the case of those who are naturally Portuguese. 2. Acquiring nationality LEGISLATION RELATING TO PORTUGUESE NATIONALITY a) Through conscious decision: children who are minors or handicapped, of a mother or father who has acquired Portuguese nationality; in the case of marriage to a Portuguese national. b) through adoption. c) through naturalisation. I THE GRANTING 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 father, born in Portuguese territory or territory governed by Portugal, or abroad if the Portuguese parent is working in the service of the Portuguese state; b) the children of a Portuguese mother or father born abroad, if they affirm their wish to be Portuguese or register their birth with the Portuguese Registry Office, through a declaration made by themselves or, if the case of being handicapped, through their legal representatives; c) individuals born in Portuguese territory, children of foreigners in possession of a valid resident permit who have been resident in Portugal for 6 or 10 years, respectively, if the parents 136

138 are citizens of a country where Portuguese is an official language or the nationals of another country and who are not in the service of that country, and who express the wish to be Portuguese; d) individuals born in Portuguese territory, when they do not possess any other nationality. II ACQUIRING NATIONALITY THROUGH MARRIA- GE TO A PORTUGUESE PERSON CAN I OBTAIN PORTUGUESE NATIONALITY BY MARRYING A PORTUGUESE PERSON? A foreigner married to a Portuguese person can obtain Portuguese nationality provided the following conditions are met: 1. To have been married for more than three years; 2. To make a statement expressing the wish to acquire Portuguese nationality, based on the stability of the marriage (this statement may be made in any Civil Registry office, if the interested party resides in Portuguese territory or territory under Portuguese administration or, if the residence of the interested party is abroad, through diplomatic and consular services, which is then sent, along with the other relevant documentation, to the Central Registry Office. This statement of intention can be made by the person concerned, or by proxy, if capable, or by legal representatives, if the person cannot make the declaration him/herself. 3. Proof, using relevant facts, that the person has a substantial connection with the national community; 4. Has not committed any crime which is punishable under Portuguese law by a prison sentence of greater than three years; 5. Is not a civil servant of a foreign State; 6. Has not carried out voluntary military service for a foreign State. 137

139 WHICH DOCUMENTS MUST I HAND IN ALONG WITH MY REQUEST TO ACQUIRE PORTUGUESE NATIONALITY THROUGH MARRIAGE? The documents that must be handed in to expedite the request are the following: LEGISLATION RELATING TO PORTUGUESE NATIONALITY 1. Marriage Certificate; 2. Birth certificate of the foreign spouse; 3. Birth Certificate of the Portuguese spouse containing an annotation of the marriage; 4. Certificate of foreign nationality; 5. A Criminal Record certificate issued by the Portuguese authorities, the authorities of the country of the interested party, and the authorities of the country where the person has resided; 6. Proof that a substantial link exists with the national community (this may be done through documentary means, witnesses or any other legal means). WHEN I HAVE OBTAINED NATIONALITY DUE TO MARRIAGE, AT WHAT POINT DOES THIS PRODUCE PRACTICAL EFFECTS? Acquiring Portuguese nationality is subject to being obligatorily registered and only after the date in which this registration has taken place do its effects come into force (this registration takes place in the Central Registry Office, which contains a book where nationality is registered). III ACQUISITION OF NATIONALITY THROUGH ADOPTION IF A PORTUGUESE PERSON ADOPTS A FOREIGN CHILD, DOES THIS CHILD ACQUIRE PORTUGUESE NATIONALITY? A child fully adopted (adoptado plenamente) by a Portuguese national can acquire Portuguese nationality. The acquisition procedure involves proving the nationality of the person who has done the adopting. Note: Full adoption (adopção plena) is a type of adoption which is characterised as having more extensive effects that the other kind of adoption, restricted adoption (adopção restrita). In full adoption the adopted child acquires 138

140 the status of child of the person who is adopting and is fully integrated with the other offspring into the family, and does away with any previous family ties the adopted child may have had with his biological family. IV ACQUISITION OF NATIONALITY THROUGH NATURALISATION HOW CAN I ACQUIRE PORTUGUESE NATIONALITY THROUGH NATURALISATION? Portuguese nationality acquired through naturalisation is granted by the Home Secretary following a request by the interested party. WHAT CONDITIONS DO I HAVE TO SATISFY IN ORDER TO BE GIVEN PORTUGUESE NATIONALITY THROUGH NATURALISATION? The Government can grant Portuguese nationality through naturalisation to foreigners who cumulatively meet the following requirements: 1. To be 18 years old (or emancipated under Portuguese law); 2. To have lived in Portuguese territory with a valid resident permit for at least 6 or 10 years, respectively, for national citizens of a country where Portuguese is an official language or other countries; 3. To have sufficient knowledge of the Portuguese language; 4. To be able to prove that a substantial link exists with the national community; 5. To have civic responsibility; 6. To have the means to provide for one s livelihood. DO CASES EXIST WHERE IT IS NOT REQUIRED TO MEET ALL OF THE CONDITIONS OUTLINED ABO- VE? The requirements of residence in Portugal, knowledge of the Portuguese language and the substantial link to the community may be dispensed with in relation to those who have had Portuguese nationality, descendants of Portuguese nationals, members of communities of Portuguese origin and foreigners who have been performing or who have been called on to perform relevant services to the Portuguese State. 139

141 LEGISLATION RELATING TO PORTUGUESE NATIONALITY WHERE SHOULD I HAND IN MY REQUEST TO ACQUIRE PORTUGUESE NATIONALITY THROUGH NATURALISATION? The request, along with any necessary documents, should be submitted to the Regional Branches of the Service for Border Control and Aliens (Serviço de Estrangeiros e Fronteiras SEF) or, in the case where one does not exist, to the Civil Governor in your area of residence (if you reside in the Autonomous Regions you should hand it in to the Minister of the Republic or to the regional branches of SEF; if you reside abroad, to the consular services in your area of residence). HOW DOES THE PROCESS UNFOLD? If the request is not handed in to the Service for Border Control and Aliens (SEF) then the entities which have received requests should send them on to SEF who, within 8 days, will inform the applicant if the request has been formulated correctly, regarding sufficiency or insufficiency of information and whether it is accompanied by the necessary documents. The foreigner has 30 days to reply, which can be extended if justification for this is provided. Once this period of time has expired, SEF will, within 8 days, ask the Ministry of Justice and the Ministry of Foreign Affairs for the necessary information to process the request for naturalisation. Within 15 days of the last information furnished, SEF will issue a decision regarding the request. WHAT INFORMATION SHOULD I INCLUDE IN MY REQUEST TO OBTAIN PORTUGUESE NATIONALITY THROUGH NATURALISATION? The request, signed by the applicant, should contain the full name of the foreigner concerned, date of birth, marital status, place of birth, parental information, nationality, present and previous place of residence, professional activity carried out and, finally, the reasons for wishing to become naturalised. Note: There is a request form which is free and obtainable through the Internet at www-sef.pt, or any branch or regional office of SEF. In this case the applicant must sign this in the presence of a notary. 140

142 WHICH DOCUMENTS SHOULD I ATTACH TO MY REQUEST ASKING FOR PORTUGUESE NATIONALITY THROUGH NATURALISATION? The request should be accompanied by the following documents: 1. Both the original and photocopy of the birth Registration Certificate (you need to hand in the photocopy because later on you will need the original to register the new nationality at the Central Registry Office); 2. Photocopy of residence permit; 3. Documentation proving competence in the Portuguese language this proof can be obtained in one of the following ways: a) through an exam certificate issued by an official Portuguese educational institution; b) a document written, read and signed by the interested party in the presence of a Portuguese notary, detailing these circumstances in the legal recognizing of the handwriting and signature; c) a document written, read and signed by the interested party in the presence of the Head of the Local Council Office of your residence, or, in Lisbon or Porto, in the presence of the Director of the central cultural services, or an employee designated by the former, which includes these details on the document itself, with the signature being confirmed with an official seal; 4. Proof of the existence of a substantial link with the national community (through documentary or any other legal means - photocopy of residence permits of the family unit, photocopy of the Birth Certificates of the children, photocopy of the deeds of a purchased property); 5. A Criminal Record Certificate issued by the relevant Portuguese authorities, and issued less than three years previously; 6. A Criminal Record Certificate issued by the relevant authorities of the country of origin of the interested party, issued less than three years previously, confirmed by the Portuguese Consulate and accompanied by the respective translation (in the event that the 141

143 LEGISLATION RELATING TO PORTUGUESE NATIONALITY original is not in Portuguese). In the event that such a document is not produced, an accompanying note to this effect issued by the relevant authority should be presented; 7. Documentary evidence that the applicant is capable of looking after him/herself and assuring his/her livelihood (a document issued by the employing entity indicating commencement of employment, the contractual relation and the corresponding monthly earnings, photocopy of the last payslip and a photocopy and original tax declaration (IRS) for the previous year, giving detailed earnings); 8. Declaration from the Social Security proving registration with it, indicating date of joining, the relative periods when discounts are made and a declaration of the amounts; 9. Documentary evidence showing the satisfactory compliance of any legislation in the country of origin with regard to military service, or a statement of non-requirement. 10. Full photocopies of the passport documentation used in the last 5 years. Note: In exceptional circumstances, and at the request of the interested party, the Home Secretary can dispense with the requirement to present any one or more of these documents. V. LOSS OF PORTUGUESE NATIONALITY IS IT POSSIBLE FOR THERE TO BE AN OBJECTION TO THE GRANTING OF PORTUGUESE NATIONALITY? Yes, an objection to the granting of Portuguese Nationality can be made, in the cases of acquisition through stated intention or adoption. HOW DOES THIS OBJECTION HAPPEN? The State, through the Office of the Department of Justice (Ministério Público) can decide, within the period of a year counting from the date of the act of issuing nationality, to raise an objection to the acquisition of nationality, and present a court case in the Appeals Court (Tribunal da Relação) in Lisbon. 142

144 ON WHAT GROUNDS CAN THE STATE OPPOSE THE GRANTING OF PORTUGUESE NATIONALITY? The grounds for opposing the granting of Portuguese Nationality are: 1. Failure to prove a substantial link to the National Community by the interested party; 2. Committing a crime which has a maximum sentence of greater than three years imprisonment, according to Portuguese law; 3. Working for the Civil Service or doing voluntary Military Service for a foreign State. IF I ACQUIRE PORTUGUESE NATIONALITY DO I LOSE MY ORIGINAL NATIONALITY OR CAN I HAVE BOTH? Portuguese legislation permits the holding of more than one nationality. However, the acquisition of Portuguese nationality may or may not imply the loss of original nationality, depending on whether legislation in your country of origin allows for the condition of more than one nationality, because there exist laws that demand that individuals relinquish their previous nationality in order to obtain nationality in the country of immigration. IF I HAVE TWO OR MORE NATIONALITIES, WHAT MUST I BE CAUTIOUS OF? If you have two or more nationalities and one of them is Portuguese, only the latter is relevant as far as Portuguese law is concerned. CAN I GIVE UP PORTUGUESE NATIONALITY? Those who, having another nationality, and who do not wish to be Portuguese, must affirm the same. If they do not make this declaration, then they continue to have Portuguese Nationality. CAN IMMIGRANTS BE OBLIGED TO GIVE UP THEIR SINGLE 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. 143

145 VI CHILDREN A. ACQUISITION OF NATIONALITY THROUGH NORMAL MEANS (BEING BORN IN PORTUGAL) CAN MY CHILD, THE CHILD OF IMMIGRANTS, AND BORN IN PORTUGAL, HAVE PORTUGUESE NATIONALITY? Yes, if the following are satisfied: LEGISLATION RELATING TO PORTUGUESE NATIONALITY 1. Being born in Portuguese territory; 2. To be a child of foreign citizens in possession of a valid resident permit and who have been resident in Portugal for at least 6 or 10 years, respectively, if the parents are citizens of a country where Portuguese is an official language or the nationals of another country (and are not in the service of that country); 3. A statement affirming the desire to become Portuguese (registering the birth as having taken place within Portuguese territory is not sufficient). WHAT STEPS ARE INVOLVED IN AN APPLICATION TO OBTAIN PORTUGUESE NATIONALITY IN THE CASE OF A CHILD OF IMMIGRANTS WHO HAS BEEN BORN IN PORTUGAL? 1. The application begins with the statement affirming the desire to become Portuguese; 2. This statement of intention can be made by the person concerned or by proxy, or, if incapable, by the legal representatives (who, as a general rule, are normally the parents); 3. This declaration can be made at any Civil Registry Office; 4. Once the declaration has been made and other documentation ready, the Civil Registry Office sends the request to the Central Registry Office, which checks that all conditions have been met for the granting of Portuguese nationality; 144

146 5. The interested parties are required to prove any circumstances which may be contingent to the granting of Portuguese nationality; 6. Once the conditions concerning the granting of Portuguese nationality have been verified, the recording of the granting of Portuguese Nationality is made and a marginal note is added to the Registered Birth Certificate of the interested party. WHICH DOCUMENTS MUST I HAND IN ALONG WITH THE REQUEST FOR OBTAINING NATIONALITY FOR A CHILD OF IMMIGRANTS WHO IS BORN IN PORTUGAL? The request must be accompanied by the following documents: 1. Registered Birth Certificate of the interested party; 2. Document issued by the Service for Border Control and Aliens (SEF) proving that: o the parents of the interested party have, from the date of birth, had a valid resident permit and have been resident in Portugal for at least 6 or 10 years, respectively, if the parents are citizens of a country where Portuguese is an official language or the nationals of another country; and o they are not employed in the service of that country IN THE CASE OF A CHILD BORN IN PORTUGAL ACQUIRING NATIONALITY, AT WHAT POINT DOES THIS PRODUCE PRACTICAL EFFECTS? The acquisition of nationality produces practical effects from the moment that the interested party is born. 145

147 I AM AN ILLEGAL IMMIGRANT. CAN MY CHILD OBTAIN PORTUGUESE NATIONALITY, UNDER THE TERMS OUTLINED IN THE PREVIOUS SECTIONS? It is necessary to distinguish between: LEGISLATION RELATING TO PORTUGUESE NATIONALITY 1. If your child was born in Portugal before 01/11/1994 (the date of the coming into force of Law No. 25/94, 19 August, which altered the Nationality Law), the child can obtain Portuguese nationality as long as one of the parents had been residing in Portugal for more than 6 or 10 years, respectively, if the parents are citizens of a country where Portuguese is an official language or the nationals of another country, when the child was born (the legislation did not require that the parents had a residence permit); 2. If your child was born after 01/11/1994 and the biological parent is not legally registered, the child cannot obtain Portuguese nationality since the current legislation requires that the immigrant is in possession of a resident permit. B. OBTAINING NATIONALITY THROUGH EXPRESSING THE DESIRE TO DO SO I AM AN IMMIGRANT AND I HAVE A CHILD WHO WAS NOT BORN IN PORTUGAL. CAN THE CHILD OBTAIN PORTUGUESE NATIONALITY? Minors or handicapped children of a mother or father who has obtained Portuguese nationality may also obtain this, through a statement expressing the desire to Portuguese, which can be made at any Civil Registry Office. WHAT STEPS ARE TAKEN IN SUCH A CASE INVOLVING THE ACQUIRING OF PORTUGUESE NATIONALITY? 1. The request begins with the statement expressing the desire to become Portuguese; 2. The statement is made by the legal representatives of the minor (as a general rule, the parents); 3. The statement can be made at any Civil Registry Office; 4. During the issuing of the statement the recording of the acquisition of Portuguese nationality by the mother or father should be identified. 146

148 WHAT NAMES CAN THE CHILD OF AN IMMIGRANT HAVE? If the interested party was born abroad or if he or one of the parents has another nationality, it is possible to be given foreign names in their original form (proof, preferably documental, should be produced to this effect). VII PAYMENT FOR DOCUMENTS HOW MUCH DO YOU HAVE TO PAY FOR EACH DOCUMENT? The following fees are charged in relation to the various acts involved in recording nationality: 1. For each declaration made regarding the acquisition or loss of nationality 10 euros; 2. For each registering made regarding the acquisition or loss of nationality 10 euros; 3. For each Nationality Certificate issued 3.75 euros; 4. For each Registered Nationality Certificate 2.5 euros; 5. For each document certificate, in addition to the charge previously mentioned, there is an additional charge of 50 cêntimos for each page. Note: Any registration or declarations regarding nationality, as well as any certificates required, are free of charge to any individuals who have proved that their income is equal to or below the national minimum wage. 147

149 USEFUL CONTACTS SEF Service for Border Control and Aliens (Serviço de Estrangeiros e Fronteiras - SEF) LEGISLATION RELATING TO PORTUGUESE NATIONALITY Head Office Rua Conselheiros José Silvestre de Ribeiro, n.º Lisboa Tel.: Northern Regional Branch Rua D. João IV, Porto Tel.: Fax: dir.norte@sef.pt Central Regional Branch Rua Venâncio Rodrigues, Coimbra Tel.: , Fax: dir.centro@sef.pt Lisbon, Vale do Tejo and Alentejo Regional Branch Av. António Augusto de Aguiar, Lisboa Tel. : Fax: dir.lisboa@sef.pt Algarve Regional Branch Rua Luis de Camões, nº Faro Tel.: / Fax: dir.algarve@sef.pt 148

150 Madeira Regional Branch Rua Nova da Rochinha, 1 B Funchal Tel.: / / Fax: dir.madeira@sef.pt The Azores Regional Branch Rua Marquês da Praia e Monforte, 10, Apartado Ponta Delgada Tel.: Fax: dir.acores@sef.pt Internet sef@sef.pt Central Lisbon Registry Office Rua Rodrigo da Fonseca, Lisboa Tel.:

151 VOLUNTARY RETURN PROGRAMME 150

152 VOLUNTARY RETURN PROGRAMME This chapter aims to provide information to all those interested in the Voluntary Return Programme, which is available to foreigners who wish to return to their home countries or to third party Member States willing to receive them, but who do not have the means to do so. This programme grew out of a cooperation agreement between the Portuguese Government and the International Migration Organisation (IMO). In order to use this programme, you have to satisfy a number of requirements, which are laid out below. The reading of this information should not be taken as substituting the need to seek advice from the services of IMO with regard to specific cases, and the contacts for this organisation can be found at the end of this chapter. INTRODUCTION 151

153 WHAT IS IT? The Voluntary Return Programme grew out of cooperation between the Portuguese Government and the Portuguese Branch of the International Migration Organisation (IMO), with a protocol signed to this effect on 21 December 2001, with a view to putting into practice an effective, dignified and humanitarian policy which would allow voluntary return by foreigners to their countries of origin or to third party host countries willing to receive them. WHO IS THIS PROGRAMME AIMED AT? This programme is aimed at foreigner citizens who find themselves in the following situations: 1. Asylum seekers whose request for asylum is awaiting final decision or has just been refused; 2. Refugees or those benefiting from temporary protection who wish to return to their country of origin; 3. Foreigners who are in an irregular position with regard to their documentation; 4. Other foreigners resident in Portugal, without prejudice to the contents of any agreements or international obligations to which Portugal is party. VOLUNTARY RETURN PROGRAMME FOREIGNERS REFERRED TO IN THE PREVIOUS SECTION WHO ARE ALSO MINORS CAN ONLY BE- NEFIT FROM THE PROGRAMME GIVEN THAT: a) The minor must be accompanied by the person who is vested with paternal authority or guardianship; b) A statement must be presented containing authorisation by the person who is vested with paternal authority or guardianship, which affirms the intention to return to the country of origin so that they can reunite, with the person committing himself to be present when the minor arrives back in the country. DO ALL FOREIGNERS HAVE THE RIGHT TO TAKE ADVANTAGE OF THIS PROGRAMME? No. This programme is not applicable to foreigners who are nationals of a Member State of the European Union. 152

154 I AM IN PORTUGAL AND HAVE NOT BEEN ABLE TO LEGALIZE MY SITUATION. CAN I APPLY FOR THE VOLUNTARY RETURN PROGRAMME? Yes, foreigners who are living in Portugal who have not legalised their paperwork are included in the people eligible for this programme. TO APPLY FOR THIS PROGRAMME, WHAT DOCU- MENTATION DO I NEED TO PRESENT? To benefit from this programme you should present your passport or another identity document that will allow you to travel (Passport for foreign citizens, or Holders of Travel or Safe Conduct document for refugees). I DO NOT HAVE IDENTITY DOCUMENTS, PASSPORT OR ANY OTHER DOCUMENT. CAN I STILL APPLY FOR THIS PROGRAMME? Yes, you can. The fact of not being in possession of documents is not in itself an impediment to being included in the Voluntary Return Programme. I HAVE ASKED FOR ASYLUM AND I AM STILL WAI- TING FOR A REPLY. COULD I BENEFIT FROM THIS PROGRAMME? Yes. If you are still waiting for a reply or have received a negative answer, and if you meet the other conditions of the programme, you can apply for it. CAN A FOREIGN CITIZEN WHO IS ALSO A MINOR APPLY TO THIS PROGRAMME? Yes, but you have to comply with some rules: a) The minor must be accompanied by the person who is vested with paternal authority or guardianship; b) A statement must be presented containing authorisation by the person who is vested with paternal authority or guardianship, which affirms the intention to return to the country of origin so that they can reunite, with the person committing himself to be present when the minor arrives back in the country. 153

155 WHAT TYPE OF TRANSPORT IS USED BY THE VO- LUNTARY RETURN PROGRAMME? The programme furnishes an aeroplane ticket, using the most direct and economic route to enable the return of people to their country of origin or to a third party country where their admission has been guaranteed. WILL THE VOLUNTARY RETURN PROGRAMME PRO- VIDE ME WITH ANY FINANCIAL SUPPORT FOR MY RETURN? Yes, a subsidy to help with the reintegration of citizens is envisaged in the programme, with a view to covering the initial subsistence costs during the initial period after leaving Portugal. The awarding of this subsidy is made on a case-by-case basis. VOLUNTARY RETURN PROGRAMME AFTER LEAVING PORTUGAL THROUGH THE VO- LUNTARY RETURN PROGRAMME, MAY I COME BACK AND ENTER AGAIN? Five years must elapse from the date of departure from Portugal before you are able to be eligible to enter Portugal or in the Schengen space. The Foreigners who utilise this programme will be entered into the Schengen Information System and be barred from entering countries which are signatories to the Schengen Accord, of which Portugal forms a part. I CANNOT MEET ALL THE CONDITIONS TO APPLY FOR THIS PROGRAMME. IS THERE ANY OTHER KIND OF PROGRAMME OR HELP THAT I CAN APPLY FOR? No. This is the only programme organised for this purpose. I SATISFY ALL THE CONDITIONS TO APPLY FOR THE PROGRAMME. WHAT SHOULD I DO? You should telephone the International Migration Organisation (Organização Internacional das Migrações) and arrange for an interview with the staff involved in this programme. Their opening hours are Monday-Friday from 9.00 to

156 LIST OF CONDITIONS: to wish to voluntarily return to your country of origin or a third party host country that wishes to receive you and explicitly renounce your stay in national territory; to have insufficient financial resources to cover the costs of your return; not to possess nationality of a Member State of the European Union; to (or have someone who can) arrange for all the necessary documentation to be given to the International Migration Commission to expedite your voluntary return; not to have committed any infraction in Portugal that could be the subject of criminal proceedings; not to have previously received financial help from this or any other similar programme; not to make any false declarations. 155

157 USEFUL CONTACTS IOM International Organisation for Migration Praça dos Restauradores, nº 65-3º Dto Lisboa Tel.: : /9 Fax: oimlisbon@iom.int Internet SEF Service for Border Control and Aliens (Serviço de Estrangeiros e Fronteiras - SEF) Head Office Rua Conselheiros José Silvestre de Ribeiro, n.º Lisboa Tel.: VOLUNTARY RETURN PROGRAMME Northern Regional Branch Rua D. João IV, Porto Tel.: Fax: dir.norte@sef.pt Central Regional Branch Rua Venâncio Rodrigues, Coimbra Tel.: , Fax: dir.centro@sef.pt Lisbon, Vale do Tejo and Alentejo Regional Branch Av. António Augusto de Aguiar, Lisboa Tel. : Fax: dir.lisboa@sef.pt 156

158 Algarve Regional Branch Rua Luis de Camões, nº Faro Tel.: / Fax: Madeira Regional Branch Rua Nova da Rochinha, 1 B Funchal Tel.: / / Fax: dir.madeira@sef.pt The Azores Regional Branch Rua Marquês da Praia e Monforte, 10, Apartado Ponta Delgada Tel.: Fax: dir.acores@sef.pt Internet sef@sef.pt 157

159 ACIME SERVICES 2004/