Portugal: Status awarded by a temporary residence authorization, particularly to individuals from Angola, including length of validity and restrictions (1997-2002)

For information on Angolan refugees who were granted temporary residence status in Portugal and on conditions or restrictions associated with that status, please refer to PRT39070.E of 8 August 2002.

Further to the general information provided in PRT39070.E, the Serviço de Estrangeiros e Fronteiras (SEF) (Border and Foreigners Service) of Portugal lists at least nine pieces of legislation that could govern the status of a person holding temporary residence, including cases of persons who are also citizens of a country belonging to the European Union or not, visiting students, foreign workers, and refugees (SEF 12 Sept. 2002). The legislation includes Law No. 15/98 of 26 March 1998 (Lei N.º 15/98, 26 de Março), which governs asylum and refuge in association with other legislation (ibid.).

Please note that the above and following information does not constitute an official translation of legal terms and provisions, nor does it constitute an assessment of which specific legal provisions could be applied on a particular individual case, or the way these would be implemented or enforced by authorities in Portugal.

The legislation provided by the SEF includes Decree-Law (Decreto-Lei) No. 4/2001 of 10 January 2001 and the Regulatory Decree (Decreto Regulamentar) No. 9/2001 of 31 May 2001. Both modify various sections and articles of earlier legislation, including Decree-Laws No. 244/1998 of 8 August 1998 and No. 97/1999 of 26 July 1999, and Regulatory Decree No. 5-A/2000 of 26 April 2000, respectively. Both include provisions on residence or stay permits (visto de residência and autorização de permanência), requirements and limitations of employment permits (visto de trabalho), extension of residence (prorrogação de permanência) and exceptions (regime excepcional) (Republica de Portugal 10 January 2001; ibid. 31 May 2001). The Embassy of Portugal in Madrid indicates that the conditions accompanying a residence or stay visa or permit are defined in accordance with the purpose or intention expressed by the foreigner in question (4 July 2002a).

Of the legislation reviewed, the "temporary residence authorization" (autorização de residência temporária) is defined in Article 83 of Decree-Law No. 244/1998 of 8 August 1998 as being valid for two years and renewable thereafter for similar periods (Republica de Portugal 8 Aug. 1998; Embassy of Portugal 4 July 2002b), although the document (título) must be renewed any time there are changes in the personal identity elements registered for the original permit (Republica de Portugal 8 Aug. 1998).

Further to the information provided in PRT39070.E, both the Regulatory Decree No. 9/2001 of 31 May 2001 and the Regulatory Decree No. 5-A/2000 of 26 April 2000, in articles 32 through 39, provide specific requirements, conditions and exemptions for granting and/or renewing residence authorizations; these include the requirement to submit criminal record certificates and proof of having sufficient means to support oneself, and circumstances in which temporary residence authorization could be granted without a prerequisite temporary residence visa.

The full texts of all the above-referenced legislation can be found at under "legislaçao" (legislation). An official translation of these documents could not be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Embassy of Portugal, Madrid. 4 July 2002a. "Solicitud de autorización de residencia en Portugal.." [Accessed 12 Sept. 2002]

_____. 4 July 2002b. "Régimen de entrada y permanencia de ciudadanos extranjeros en Portugal." [Accessed 12 Sept. 2002]

Republica de Portugal. 31 May 2001. Decreto Regulamentar No. 9/2001, de 31 de Maio. [Accessed 12 Sept. 2002]

_____. 10 January 2001. Decreto-Lei No. 4/2001, de 10 de Janeiro. [Accessed 12 Sept. 2002]

_____. 26 April 2000. Decreto Regulamentar No. 5-A/2000, de 26 de Abril. [Accessed 12 Sept. 2002]

_____. 8 August 1998. Decreto-Lei No. 244/1998, 8 de agosto. [Accessed 12 Sept. 2002]

Serviço de Estrangeiros y Fronteiras (SEF), Lisbon. 12 September 2002. "Legislaçao." [Accessed 12 Sept. 2002]

Additional Sources Consulted

Country Reports 2000-2001. 2001-2002.

Embassy of Portugal.

IRB Databases.

Internet sites and search engines, including:

Amnesty International.

Defense Personnel Security Research Center (DPSRC), San Francisco.

Human Rights Watch.

International Organization for Migration.

Resource Information Centre (RIC), Washington, DC.

UNHCR Refworld.