Portugal: First residence permit, then entry into the country

Portugal has suddenly ended the practice that migrants who entered the country illegally can subsequently legalize their status and obtain a work permit. Why did that EU member do that and what does it mean in practice?

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From the protest of the CHEGA party against "uncontrolled migration and insecurity on the streets" in Lisbon, Photo: REUTERS
From the protest of the CHEGA party against "uncontrolled migration and insecurity on the streets" in Lisbon, Photo: REUTERS
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The fact is that for a long time nothing can function in Portugal without foreign workers: first of all, Asians work in agriculture, picking broccoli, olives and fruit for low wages. Without Brazilians, many restaurants and cafes would have to close, and Africans work on construction sites.

Many of them came to Portugal without the necessary documents. Although they pay taxes and social contributions, they are often still waiting for their residence permit.

"About 400.000 requests for legalization of status have accumulated in the immigration agency AIMA," explained the competent state secretary Rui Armindo Freitas in an interview with DW.

The possibility of first entering the country and then obtaining the necessary documents has attracted many illegal migrants, and this must be stopped quickly, he says:

"Requests that were partially submitted two years ago should be processed by June next year at the latest. We want to solve the problems that have accumulated over many years".

First a residence permit, then entry into the country

Since June this year, migrants who want to work in Portugal must apply for a residence permit at a Portuguese diplomatic mission abroad.

However, in many countries from which migrants come - Portugal has neither embassies nor consulates.

Migrants who find work in agriculture in Portugal, mostly coming from Nepal or Bangladesh - now have to apply for visas at the Portuguese embassy in the Indian capital of New Delhi.

This is not good, according to the general secretary of the Portuguese Association of Farmers, Luis Mira: "People are needed at harvest time, not later. The government should enable workers to come to Portugal quickly and without too much bureaucracy".

Will the number of illegal migrants increase?

The number of applications for residence permits submitted abroad in the last three months dropped by almost a quarter.

According to various non-governmental organizations - many people still come to Portugal illegally. Alberto Matos from the NGO Solim says:

"Almost only foreigners work in the fields and in the restaurants. There are more and more of them, you just have to pay attention to the streets of our cities to see it. And they come because they are needed. If these migrants can no longer legalize their situation upon arrival, the number of illegals will continue to grow".

Representatives of non-governmental organizations also believe that the tightening of the law is a concession to populist right-wing parties that are against migrants.

Extremists incite hatred against migrants

Although migrants contribute to the economy and social system - populists encourage hatred towards them.

The right-wing extremist party CHEGA (Enough!), which was founded only in 2019. In the elections in Portugal in March 2024, the party won 18,1 percent of the vote and thus more than doubled its share compared to the elections in 2022. In the European elections in June, it won is 9,8 percent of the vote. That party demands migrant quotas and a referendum on immigration.

"We don't want fewer migrants. We have to integrate those who come"

Secretary of State and Social Democrat Rui Armindo Freitas says that Portugal only adapted its laws to EU rules and points out:

"We don't want fewer migrants, but clear rules for labor immigration, among other things to avoid extremists using this topic for their own goals."

Portugal is aware of the advantages of a multicultural society, he emphasizes. The new rules aim to provide people coming to Portugal with the necessary rights and security:

"We have to integrate those who come. That's important. Our economy needs foreign workers. And the new rules are good for those who come to the country and for those who live here". In addition, it prevents migrants from becoming victims of illegal smuggling networks, says Freitas.

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