COUNTRY FACTSHEET: Portugal 2015 EUROPEAN MIGRATION NETWORK 1. Introduction This EMN Country Factsheet provides a factual overview of the main policy developments in migration and international protection in Portugal during 2015, including latest statistics. 2. Common European Asylum System In 2015 no new legislative measures were reported. The focus was on the implementation of the Act 26/2014 that established the conditions and procedures regarding asylum. Through the Act 26/2014 applicants are supposed to get greater protection, through better access to information and legal advice by the Portuguese Council for Refugees (CPR) acting directly in the international protection procedure. The Immigration and Borders Service (SEF) informs the CPR about submitted protection requests and grants them access to interview all applicants. The CPR has the possibility to legally advise the applicants and is granted insight into all relevant documentation. Along with the CPR, the applicant may be accompanied by a lawyer representing him/her in interviews conducted by the SEF, as well as receive the corresponding counselling, regardless where the applicant is located. The Act 26/2014 has introduced changes in the period for conducting the examination of applicants. A decision on an application must be made 30 days after submitting an application for protection. In 2015, Portugal received 24 applicants for protection under the relocation based on Council Decisions (EU) 2015/1523 and 2015/1601. Under the UNHCR s general resettlement programme, Portugal received 39 refugees from Egypt in 2015. These were nationals from Syria, Eritrea, and Sudan. 3. Unaccompanied Minors and other Vulnerable Groups New policies were implemented to strengthen the rights for vulnerable people. A Strategic Plan for Migration (2015-2020) was introduced in March 2015. The Plan aims to identify migration related measures, considering, among others, the dimensions of equality and gender. Gender equality shall be achieved through the following measures: fostering the participation of female immigrants in migrants' associations and increasing awareness to gender equality and non-discrimination, particularly in the area of parenthood, equal pay, work, family life, as well as moral and sexual harassment. No new measures were implemented regarding unaccompanied minors (UAMs) in 2015. 4. European Policy on Legal migration and Integration 4.1. PROMOTING LEGAL MIGRATION CHANNELS The Ministry of Foreign Affairs (MNE) provides updated information to third country nationals (TCNs) to promote regular migration, including, but not limited to, the features of the system in terms of movement of individuals, agreements of cooperation, representation, visa facilitation agreements (AFV), and legislation. The information is provided via the following websites: www.secomunidades.pt which is also available in English, and https://www.portaldascomunidades.mne.pt/pt/. Further, the Migration Observatory introduced a new information website in 2015 (www.om.acm.gov.pt). Migration & Home Affairs
Finally, the SEF provides through its immigration liaison officers (OLI) authorities with information and advice, acting on the prevention and detection of illegal migration routes. 4.2. ECONOMIC MIGRATION In 2015 Portugal continued to implement measures aimed at addressing the growing challenges in terms of security and regulation of migration, which are particularly important given the effects of economic recession the Member State has been experiencing in the past years. Measures included the maintenance of the non-approval indicative global quota for granting residence visas for admitting third-country nationals for purposes of carrying out a paid professional activity, among others. The exceptional possibility of issuing a visa to apply for a residence permit to undertake a professional activity as an employee to TCNs still remains, provided that they meet the legal requirements, hold a labour contract, and prove that the job offer has not been filled by the candidate concerned. New legislation has been adopted amending the legal framework governing the entry, stay, exit, and expulsion of foreign nationals in and from Portugal (Law no. 63/2015, of 30 June), concerning the access to and undertaking of a professional activity by TCNs, with exemption from the visa requirement to obtain a residence permit, for the following cases: students of secondary education who, having completed their studies, wish to undertake a professional activity as an employee or selfemployed worker on Portuguese soil, unless that permit has been issued under cooperation agreements and there are no reasons of national interest that justify it; students of the 2nd or 3rd cycles of higher education who, having completed their studies, wish to stay in Portugal for no more than one year, to look for a job that matches their qualifications (article 122). All the requirements, criteria, and procedures concerning the above mentioned cases are guaranteed under Regulatory Decree no.15-a/2015, of 2 September. The number of international students amounted to 710. The rules of admission were consolidated and integrate an autonomous and already standardised procedure which results in the opening of a special tender for the access geared solely to international students. The relevant information concerning that procedure is available on the websites of all the universities integrating the Council of Deans of Portuguese Universities (CRUP), in order to make access to the application easier. Further measures to be implemented over the period 2015-2020 have been developed: information distribution on the workers' rights and duties in the areas of labour relationships and health and safety at work, and information distribution on the rights and duties of the employers who want to invest in the Portuguese labour market, in the areas of labour relationships and health and safety at work. 4.3. FAMILY REUNIFICATION No policy or legislative developments were reported under this policy area in 2015. 4.4. INTEGRATION During 2015 the Immigration and Borders Service (SEF) Contact Centre continued to carry out activities aimed at facilitating the contact between third-country nationals and SEF, and hence promoting the reception and integration of migrant communities: The 6 th edition of the Choices Programme, which promotes the social inclusion of children and young people (ages 6 to 30) coming from socio-economic vulnerable backgrounds, mainly descendants of immigrants and ethnic minorities, has been launched and will run until 2018. By late 2015, the programme reached 48,896 children and young people, involved 1,154 partners (civil authorities and civil society organisations) and involved 1,026 officers in 141 locations. The Migrant Orientation Programme, a nationwide initiative developed by a group of local partners aimed at using volunteering to foster the interchange of experiences, assistance and support among migrants was developed. A Welcoming Manual in the Health System for foreign nationals and a Website of Patients' Mobility, which provide structured information for the access of foreign nationals to the Health System were developed and distributed. It includes: the registration of foreign nationals in the National Health System, exemption from paying user charges and the establishment of a healthy nutrition plan for specific refugee population groups. 2
The High Commissioner's Office for Migrations (ACM) introduced the Intercultural School Kit, which provides accessible online educational material on intercultural aspects, which may be used by teachers and other players responsible for education. In light of the celebrations to mark International Day Against Racial Discrimination, ACM launched the Discover your Colour campaign, promoting it through its own website and on Facebook. The balance of the initiative was positive, with more than 45,000 views during the first day. Developed in 2014 by SEF in partnership with the EU, the HEADSTART: Fostering Integration before Departure project was implemented in 2014 and 2015. The programme is devoted to identify and develop best practices that promote actions in favour of the migrants' integration during the pre-departure stage, while they are still in the country of origin. Portugal continued to implement and consolidate a set of policies and best practices, which, in 2015, just like in previous years, led to its recognition by MIPEX (Migrant Integration Policy Index) as one of the countries with the best integration policies. 4.5. MAGING MIGRATION AND MOBILITY 1 In 2015 Portugal continued the implementation of the Visa Information System (VIS) in the domestic border posts, and completed the development of a query tool (fingerprint search) for the VIS for subsequent roll-out of a second-line check in the Asylum and Refugees Office (GAR) and at border posts. 4.6. EXTERL DIMENSION OF EU MIGRATION POLICY During 2015 several international cooperation measures were in preparation: During the 12th Portuguese-Moroccan Summit, the Cooperation Agreement between the Portuguese Republic and the Kingdom of Morocco in Matters of Internal Security was signed. Thereby, both countries will seek to strengthen technical cooperation in key areas such as, managing migration flows and fighting irregular migration. The Lisbon Conclusions were signed. They aim at strengthening bilateral and multilateral cooperation ties between four States of the Western Mediterranean (Portugal, Spain, France and Morocco), which share common concerns in areas such as managing migration flows, preventing and fighting drug trafficking, preventing and fighting terrorism as well as police cooperation. 5. Irregular Migration and Return 5.1. THE FIGHT AGAINST FACILITATION OF IRREGULAR MIGRATION In 2015 Portugal further developed the APIS (Advance Passenger Information System) to check passenger information, with advance detection of the use of stolen documents. Further the regular use of SIS (Portuguese Intelligence Services), Interpol (SLTD) or VIS databases were enforced, enabling immigration officers to perform a more complete and detailed identification of individuals whose entry or stay is irregular. Other databases such as FADO (European image-archiving system) or Edison TD were utilized in the detection of forged documents. Portugal participated in the Smart Borders Package Project, intended to test and validate the technical options for the borders control and the use of biometrics, simulating EES (Entry and Exit System) and RTP (Registered Traveller Program) processes, with a first test at the Lisbon Airport, in March 2015. During 2015 Portugal also continued its investment to strengthen the security of identification documents, as well as in training provided to SEF inspectors in matters of security of documents and document fraud. 6. Actions against Trafficking in Human Beings In 2015 Portugal continued with the implementation of the 3rd National Plan for Preventing and Fighting Human Trafficking 2014-2017 (III PNPCTSH), including the following measures: The Authority for Working Conditions (ACT) provided training to inspectors on the trafficking for the purpose of labour exploitation, and information/awareness-raising initiatives on the rights and duties of immigrant workers and organised a training session addressed to the technicians of the CLAII (Local Immigrant Support Centre) network. 1 Managing migration and mobility refers to the following themes: visa policy, Schengen governance and border monitoring. The bodies of the Interior Ministry (MAI), namely SEF, National Republican Guard (GNR), and Police Force (PSP), carried out a number of monitoring operations on locations where the exploitation of individuals who are victims of trafficking in human beings may take place, including night-time entertainment venues and agricultural workplaces. 3
STATISTICAL ANNEX The Statistical Annex provides an overview of the latest available statistics for Portugal on aspects of migration and asylum (2012-2015), including residence, asylum, unaccompanied minors, irregular migration, return and visas. Where statistics are not yet available, this is indicated in the Annex as N/A. 4
Statistical Annex: Immigration and Asylum in Portugal (2012-2015) 1. COMMON EUROPEAN ASYLUM SYSTEM Figure 1: Asylum applications as a share of the total population in Portugal, EU average and EU high and low (2012-2015) Source: Eurostat migration statistics (migr_asyappctza), data extracted 04/07/2016 Figure 2: asylum applications and as a share of the total number of applications in the EU (2012-2015) Source: Eurostat migration statistics (migr_asyappctza), data extracted 04/07/2016 Table 1: Asylum applications: Top five third-country nationalities (2012 2015) 2012 2013 2014 2015 Nationality Nr % of % of % of % of Nationality Nr Nationality Nr Nationality Nr total total total total Guinea 65 22% Syria 145 29% Ukraine 155 35% Ukraine 365 41% Nigeria 30 10% Guinea 80 16% Morocco, Sierra Leone, 25 6% Mali 80 9% Pakistan China Guinea- Nigeria, (including Bissau, 20 7% 35 7% Mali, Syria 20 5% 75 8% Senegal Hong Syria Kong) Angola, Belarus, Mali, Cote Congo, Sri 15 5% 25 5% 15 3% Pakistan 65 7% Pakistan d'ivoire, Lanka Sri-Lanka Belarus, Congo, Cote Guinea- 10 3% 20 4% Guinea, 10 2% Guinea 35 4% d'ivoire, Bissau Iran Colombia Source: Eurostat migration statistics (migr_asyappctza), data extracted 04/07/2016 5
Figure 3: Asylum applications: Top five third-country nationalities as a share of EU total per given nationality (2015) Source: Eurostat migration statistics (migr_asyappctza), data extracted 04/07/2016 Note: the figure reads as: Portugal received 364 asylum applications from Ukraine or 1.66% of all asylum applications lodged by Urkraine in EU in 2015 Table 2: Asylum applications - First instance decisions by outcome (2012-2015) Total decisions Positive decisions Of which: Refugee Subsidiary status protection Humanitarian reasons Negative decisions 2012 230 100 15 85 130 2013 305 135 20 115 170 2014 230 110 20 90 115 2015 370 195 35 160 180 Source: Eurostat migration statistics (migr_asydcfsta), data extracted 04/07/2016 Figures 4-7: Asylum applications - First instance decisions by outcome (2012-2015) Source: Eurostat migration statistics (migr_asydcfsta), data extracted 04/07/2016 Figure 8: Negative decision rate for the top five nationalities of applicants at the first instance in comparison with EU for the same given nationality (2015) Source: Eurostat migration statistics (migr_asydcfsta), data extracted 04/07/2016 6
Figure 9: Third-country nationals resettled (2012-2015) Source: Eurostat migration statistics (migr_asyresa), data extracted 04/07/2016 2. UCCOMPANIED MINORS Figure 10: Unaccompanied minors applying for asylum (2012-2015) Table 3: Unaccompanied minors (2012-2015) 2012 2013 2014 2015 Unaccompanied minors (total) 0 Unaccompanied minor asylum applicants 10 55 15 50 Source: Eurostat Asylum applicants considered to be unaccompanied minors by citizenship, age and sex Annual data (rounded) [migr_asyunaa], data extracted 04/07/2016; EMN NCPs 3. EUROPEAN POLICY ON LEGAL MIGRATION AND INTEGRATION Figure 11: First residence permits, by reason (2012-2014) Source: Eurostat (migr_resfirst), data extracted 04/07/2016; EMN NCPs 7
Table 4: First residence permits: Top five third-country nationalities (2012-2014) 2012 2013 2014 2015 Nationality Number Nationality Number Nationality Number Nationality Number Brazil 12,267 Brazil 8,023 Brazil 8,334 Brazil 8,232 Cape Verde 4,053 Cape Verde 3,130 Guinea- Bissau 1,994 China (including Hong Kong) 4,711 China (including Hong Kong) 3,459 China (including Hong Kong) 2,233 Cape Verde 2,638 Cape Verde 2,394 Angola 1,898 Angola 1,724 Angola 1,841 Angola 1,518 China (including Hong Kong) 1,687 Guinea-Bissau 1,499 Source: Eurostat migration statistics (migr_resfirst), data extracted 04/07/2016 Guinea- Bissau 1,564 Guinea- Bissau 1,448 Figure 12: Resident population of third-country nationals as a share of total population in Portugal, EU average, EU high and low (2012-2015) Source: Eurostat migration statistics (migr_pop1ctz), data extracted 04/07/2016 4. IRREGULAR MIGRATION AND RETURN Table 5: third-country nationals refused entry at external borders (2012 2015) Third country nationals: 2012 2013 2014 2015 Refused entry at external borders 1,240 810 955 1,280 Found to be illegally present 9,110 5,155 4,530 5,145 Ordered to leave 8,565 5,450 3,845 5,080 Returned following an order to leave 1,330 1,135 820 610 Source: Eurostat migration statistics (migr_eirfs)(migr_eipre)(migr_eiord), data extracted 04/07/2016 Table 6: Third-country nationals returned (2012-2015) Returned as part of forced return measures Returned voluntarily Returned through an Assisted Voluntary Return Programme 2012 1,234 870 562 2013 420 715 672 2014 372 449 408 2015 Source: EMN NCPs 8
5. SECURING EUROPE S EXTERL BORDERS Table 7: Schengen visas applications (2012 2015) 2012 2013 2014 2015 Uniform visas (short-stay visas) 148,489 159,421 183,216 192,852 Source: DG Migration and Home Complete statistics on short-stay visas issued by the Schengen States Figure 13: Uniform visa applications received in Portugal as a share of the total number of uniform visa applications in all Schengen states consulates (2012-2015) Source: DG Migration and Home affairs Complete statistics on short-stay visas issued by the Schengen States Table 8: Top five countries in which the highest number of visa applications for Portugal was lodged (2012-2015) 2012 2013 2014 2015 Country Number Country Number Country Number Country Number Angola 42,748 Angola 43,165 Angola 61,240 Angola 62,554 Russia 32,627 Russia 37,594 Russia 32,210 Russia 20,962 Cape Verde 9,063 China 9,740 China 14,241 China 16,045 Mozambique 6,620 Cape Verde 9,642 Cape Verde 13,360 Cape Verde 15,760 Ukraine 6,549 Mozambique 7,523 Mozambique 8,461 Mozambique 9,252 Source: DG Migration and Home affairs 6. ASYLUM AND MIGRATION EU FUNDING SOURCES (2007-2013 AND 2014-2020) Table 9: Asylum, Migration and Integration Fund (AMIF) allocation in euro per area Areas AMIF 2014-2020 Asylum 6,555,287 Legal Migration and Integration 18,921,175 Return 3,867,225 Technical Assistance 2,802,690 Special cases (resettlement/transfer) 1,080,000 TOTAL 33,856,377 Source: DG Migration and Home affairs Table 10: Internal Security Fund (ISF) allocation in euro per area Areas ISF 2014-2020 ISF Borders 18,900,023 ISF SA Frontex 234,000 ISF SA Consular cooperation 859,523 ISF Borders Emergency Assistance 18,693,124 ISF Police 38,686,670 TOTAL 33,856,377 Source: DG Migration and Home affairs 9
Table 11: SOLID funds allocation in euro and share of total funds allocated to Portugal (2007-2013) SOLID FUNDS 2007 2008 2009 2010 2011 2012 2013 TOTAL European Refugee Fund (ERF) 441,560 (0.6%) 456,051 (0.5%) 473,402 (0.5%) 476,338 (0.5%) 480,880 (0.5%) 490,358 (0.4%) 2,818,592 (0.5%) European Return Fund (RF) 901,700 (%1.6) 933,501 (1.5%) 943,614 (1.2%) 1,173,66 3 (1.1%) 1,772,61 0 (1.2%) 2,180,46 3 (1.2%) 7,905,551 (1.2%) European Fund for the Integration of TCN (EIF) 1,234,52 3 (1.9%) 1,640,87 0 (2.1%) 2,159,08 4 (2.2%) 2,410,68 6 (2.2%) 2,818,30 2 (2.1%) 3,797,49 1 (2.3%) 3,661,00 2 (2%) 17,721,95 7 (2.1%) External Borders 3,020,24 2,935,00 3,374,22 2,581,89 3,156,37 3,978,32 4,902,83 23,948,90 Fund (EBF) 5(2.1%) 0 (2.2%) Source: DG Migration and Home affairs 7 (2.1%) 7 (1.3%) 8 (1.3%) 1 (1.2%) 3(1.2%) 2 (1.5%) 7. INSPECTIONS CARRIED OUT TO DETECT EMPLOYMENT OF IRREGULAR MIGRANTS Table 12: Inspections carried out to detect employment of irregular migrants and share of inspections as a percentage of the employers in sector (in %) Risk sector 2014 2015 No. % No. % Agriculture, forestry and fishing 209 0.4% 296 2.96 Mining and quarrying Manufacturing Electricity, gas, steam and air conditioning supply Water supply; sewerage, waste management and remediation activities Construction 247 0.3% 129 0.50 Wholesale and retail trade; repair of motor vehicles and motorcycles Transportation and storage Accommodation and food service activities 2,125 2.6% 1,371 4.66 Information and communication Financial and insurance activities Real estate activities Professional, scientific and technical activities Administrative and support service activities Public administration and defence; compulsory social security Education Human health and social 10
Risk sector 2014 2015 No. % No. % work activities Arts, entertainment and recreation Other service activities Activities of households as employers; u0ndifferentiated goodsand services-producing activities of households for own use Activities of extraterritorial organisations and bodies Source: DG Migration and Home affairs Table 13: inspections in which irregular migrant workers were detected (I) and number of irregular migrant workers detected (IWD) 2015 Risk sector inspections in which irregular migrant workers were detected 2014 2015 irregular migrant workers detected inspections in which irregular migrant workers were detected Agriculture, forestry and fishing 165 irregular migrant workers detected Mining and quarrying Manufacturing Electricity, gas, steam and air conditioning supply Water supply; sewerage, waste management and remediation activities 3,157 Construction 34 Wholesale and retail trade; repair of motor vehicles and motorcycles 1,710 Transportation and storage Accommodation and food service activities 420 Information and communication Financial and insurance activities Real estate activities 6,951 Professional, scientific and technical activities Administrative and support service activities Public administration and defence; compulsory social 11
2014 2015 Risk sector inspections in which irregular irregular migrant inspections in which irregular irregular migrant workers detected migrant workers workers migrant workers were detected detected were detected security Education Human health and social work activities Arts, entertainment and recreation Other service activities Activities of households as employers; undifferentiated goods- and services-producing activities of households for own use Activities of extraterritorial organisations and bodies Source: DG Migration and Home affairs 12