What should be done in these cases? What documents ensure that no sanctions will be applied? Is the passport valid? Is the NIF (Taxpayer Identification Number) valid? Can people be expelled from the country?
With the end of expressions of interest,the police began to carry out more inspectionsin the documentation of immigrants in Portugal. In recent days, there has beencases of arrests and application of fines, especially by the National Republican Guard (GNR). Police authorities confirmed to DN Brasil that the operations are a consequence of changes to the Foreigners Law, especially the end of the possibility of regularizing one's status in the country without a prior visa.
But what should be done in these cases? What documents ensure that no sanctions will be applied? Is the passport valid? Does the NIF (Tax Identification Number) apply? Can people be expelled from the country? DN Brasil spoke with lawyer André Lima about this topic, which raises many questions among immigrants, especially Brazilians, the largest foreign community living in Portugal. According to the expert, effective residence in Portugal is proven with a residence permit, either the standard model or the CPLP - these are valid until June 2025.
The expression of interest, the receipt of an appointment with the Agency for Integration, Migration and Asylum (AIMA) and the residence visa may also serve as proof for people who entered the country with a visa and have not yet managed to schedule an appointment to exchange the document for a residence permit, as determined by law.
The passport is only valid if the foreigner has been in the country for less than 90 days, counting from the date of entry into the Schengen Area, or for a further 60 days, if he/she manages to extend his/her stay, which is difficult due to the lack of places at AIMA. Another important piece of information: a decree-law is in force that makes all expired residence documents valid.
This is the case, for example, of people who have a residence permit but have not been able to renew it. There is a lack of appointments for some articles of the law, as well as problems in the system that make it more difficult to renew the document, even if it is eligible for online renewal. The decree for printing or consultation is available on the AIMA website.
A Social Security number (NISS) or Taxpayer ID (NIF) are not sufficient proof of residence in the country. What happens if a person does not have one of these documents? “They will be considered illegal due to the period of their authorized stay being exceeded, and the Portuguese State may forcibly remove them or expel them,” explains the lawyer.
In general, authorities give a period of 10 to 20 days to leave the country voluntarily. This does not apply if the citizen has committed a crime or has already received a previous notice to leave the country and has not complied.
Not counting the cases mentioned above, the law provides for exceptions, such as not deporting anyone who has a minor child living in the country and who is effectively responsible for their support and education, explains André Lima.
Appeal to the courts
All citizens who have been ordered to leave the country or expelled from the country can appeal, the lawyer emphasizes. The court request must be made within the time period given to leave the country, “proving the means of regularization and the possibility of obtaining a residence permit,” explains Lima. During the period in which the process is underway, the immigrant is allowed to remain in the national territory.
At the moment, the country is on judicial vacation, a period that began on July 15 and continues until August 31. Even so, requests to appeal expulsion decisions, for example, are not affected, because they fall under urgent cases.
The same legal route can be used in the case of people who arrived in the country and were unable to express their interest before June 3. In these cases, it is possible to analyze whether there is any alternative in the law for regularization. One of the alternatives being used is to apply for a CPLP visa, a situation that Brazilian citizens fall into.
However, André explains that this is only possible through the administrative court, since the AIMA portal for this request is not yet active, nor is there a forecast for it to be available. “Getting an appointment with AIMA through administrative means is practically impossible,” warns the professional. At this time, the judicial route is the most effective, but also exclusionary, since not everyone can afford to pay for an appointment.