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COVID-19: Legalization of Immigrants in Portugal

The situation in Portugal and in the world, caused by the COVID-19 virus, has caused a feeling of insecurity and uncertainty among the foreign citizens residing in Portugal, those with proceedings pending and those who have not yet been legalized at the Immigration Authorities - Serviço de Estrangeiros e Fronteiras (SEF).

To tackle this situation, on March 27th an Order was issued by the Minister of Home Affairs stating that SEF will put into practice a plan for the management of services and appointments which stipulates that all foreign citizens, with cases pending at SEF, will be considered as being in a regular situation in Portugal.

The plan also provides that, in order to reduce any public health risks, protecting both administration staff and applicants, the services will be suspended, and all the appointments up until March 27th 2020 will be rescheduled.

According to the Order issued, the following was established:

1 - Regular situation of foreign citizens:

In the case of foreign citizens who have made requests under Law 23/2007, of July 4th, establishing the Legal Regime for entry, stay, exit and removal of foreign citizens from the national territory or those who have made requests under Law no. 26/2014, of May 5th, establishing the conditions and procedures for granting asylum, the main measure is the regular stay in Portugal of all foreign citizens who have cases pending at SEF, on the date of the declaration of the State of National Emergency – 18th March 2020.

2 - Documents that prove the situation of regular stay in Portugal:

  • The applications made under the terms of Articles 88º, 89º and 90º-A of Law 23/2007, of July 4th, will be valid before all the public services, by showing the “manifestação de interesse” document or the application issued by the online registration platforms in use at SEF;
  • Applicants of Residence Permit and applicants for a renewal of a Residence Permit – irrespectively of the regime - may prove their regular status by showing documentary evidence of a scheduled appointment, or by showing the receipt for an application already submitted to SEF services.

In other words, documents that prove an ongoing legalization process. These supporting documents will be valid before all public services, namely to obtain the National Health Service user number and access NHS services, to access other health care services, social benefits, for lease contracts, employment contracts, opening of bank accounts and contracting essential public services.

The visas and documents related to the stay of foreign nationals in Portugal, which have expired after February 24th, remain valid until June 30th 2020. These documents, as well as the Citizen's Card, the Driver's Licence, the Criminal Record, as well as Certificates, are valid before the public authorities for all legal purposes.

3 - Interviews already scheduled, what happens?

  • The services provided in the automatic pre-booking system “Sistema Automático de Pré-Agendamento (SAPA)” and the other systems used by SEF, will be suspended. In addition, all appointments planned up to March 27th will be rescheduled by SEF, beginning on July 1st, obeying the same chronological order, ensuring full transparency and equal treatment.
  • Urgent scheduling by decision of the Regional Directors is also allowed in the following situations:

a) To citizens who need to travel or who prove the urgent and unavoidable need to leave the national territory;

b) To citizens whose documents have been stolen or lost. 

4 - Other situations:

  • With regards the issuing of Passports, SEF will accept urgent and duly substantiated requests, only. In these cases, SEF will maintain the Passport offices in Porto and Lisbon Airport open, and requests should be made through the contact center or the designated e-mail;
  • SEF must articulate with the printing house “Imprensa Nacional - Casa da Moeda, S.A.”, the necessary issue of the documents for urgent and the essential cases provided for in this order;
  • SEF remains available for information by telephone – 808 202 653 (fixed) and 808 962 690 (mobile) –, and by email: gricrp.cc@sef.pt;
  • The presence of SEF employees to provide essential services is carried out on a rotating basis, observing the current regulations regarding alternative forms of work, namely remote working and the fulfilment of the special protection duty provided in Decree no. 2-A/2020, of March 20th.

5 - Citizens in irregular/illegal situation:

As for citizens in an illegal situation, who have not yet started the legalization process in SEF, in these cases the general rules still apply.

In fact, any foreign citizen has the right to health, provided in the Constitution of the Portuguese Republic and regulated in the Order of the Ministry of Health No. 25 360/2001. This decree determines that, in the case of any illness that constitutes a risk to public health, doctor visits are free of charge and the foreign citizen shall be exempt from the payment of the fees.

As for the other public services, the foreign citizens who have not started their legalization process will remain in an irregular situation.

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