COUNTRY FACTSHEET: Portugal 2015 EUROPEAN MIGRATION NETWORK

Migration

&

Home Affairs

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).

2

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 self-

employed 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 6th 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.

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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. MANAGING MIGRATION AND MOBILITY1

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. EXTERNAL 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.

1 “Managing migration and mobility” refers to the following themes: visa policy, Schengen governance and border monitoring.

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.

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.

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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”.

5

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: Number of 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

total Nationality Nr

% of

total Nationality Nr

% of

total Nationality Nr

% of

total

Guinea 65 22% Syria 145 29% Ukraine 155 35% Ukraine 365 41%

Nigeria 30 10% Guinea 80 16%

Morocco,

Sierra

Leone,

Pakistan

25 6% Mali 80 9%

Guinea-

Bissau,

Syria

20 7% Nigeria,

Senegal 35 7% Mali, Syria 20 5%

China

(including

Hong

Kong)

75 8%

Belarus,

Congo, Sri

Lanka

15 5% Mali,

Pakistan 25 5%

Angola,

Cote

d'Ivoire,

Sri-Lanka

15 3% Pakistan 65 7%

Belarus,

Cote

d'Ivoire,

Colombia

10 3% Guinea-

Bissau 20 4%

Congo,

Guinea,

Iran

10 2% Guinea 35 4%

Source: Eurostat migration statistics (migr_asyappctza), data extracted 04/07/2016

6

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: Humanitarian

reasons Negative

decisions Refugee

status

Subsidiary

protection

2012 230 100 15 85 NA 130

2013 305 135 20 115 NA 170

2014 230 110 20 90 NA 115

2015 370 195 35 160 NA 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

7

Figure 9: Third-country nationals resettled (2012-2015)

Source: Eurostat migration statistics (migr_asyresa), data extracted 04/07/2016

2. UNACCOMPANIED MINORS

Figure 10: Unaccompanied minors applying

for asylum (2012-2015) Table 3: Unaccompanied minors (2012-2015)

2012 2013 2014 2015

Unaccompanied

minors (total) NA NA NA 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

8

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

China

(including

Hong Kong) 4,711

China

(including

Hong Kong) 3,459

Guinea-

Bissau 1,994

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

Guinea-

Bissau 1,564

Guinea-

Bissau 1,448

Source: Eurostat migration statistics (migr_resfirst), data extracted 04/07/2016

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: Number of 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 NA NA NA

Source: EMN NCPs

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5. SECURING EUROPE’S EXTERNAL BORDERS

Table 7: Number of 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

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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) NA

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) NA

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

Fund (EBF)

3,020,24

5(2.1%)

2,935,00

0 (2.2%)

3,374,22

7 (2.1%)

2,581,89

7 (1.3%)

3,156,37

8 (1.3%)

3,978,32

1 (1.2%)

4,902,83

3(1.2%)

23,948,90

2 (1.5%)

Source: DG Migration and Home affairs

7. INSPECTIONS CARRIED OUT TO DETECT EMPLOYMENT OF IRREGULAR MIGRANTS

Table 12: Number of 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 NA NA NA NA

Manufacturing NA NA NA NA

Electricity, gas, steam and

air conditioning supply

NA NA NA NA

Water supply; sewerage,

waste management and

remediation activities

NA NA

NA NA

Construction 247 0.3% 129 0.50

Wholesale and retail trade;

repair of motor vehicles

and motorcycles

NA NA

NA NA

Transportation and storage NA NA NA NA

Accommodation and food

service activities 2,125 2.6%

1,371 4.66

Information and

communication

NA NA NA NA

Financial and insurance

activities

NA NA NA NA

Real estate activities NA NA NA NA

Professional, scientific and

technical activities

NA NA NA NA

Administrative and support

service activities

NA NA NA NA

Public administration and

defence; compulsory social

security

NA NA NA NA

Education NA NA NA NA

Human health and social NA NA NA NA

11

Risk sector

2014 2015

No. % No. %

work activities

Arts, entertainment and

recreation

NA NA NA NA

Other service activities NA NA NA NA

Activities of households as

employers;

u0ndifferentiated goods-

and services-producing

activities of households for

own use

NA NA NA NA

Activities of extraterritorial

organisations and bodies

NA NA NA NA

Source: DG Migration and Home affairs

Table 13: Number of inspections in which irregular migrant workers were detected (I) and number of irregular migrant workers detected (IWD) – 2015

Risk sector

2014 2015

Number of

inspections in

which irregular

migrant workers

were detected

Number of

irregular

migrant

workers

detected

Number of

inspections in

which irregular

migrant workers

were detected

Number of

irregular migrant

workers detected

Agriculture, forestry and fishing NA 165 NA 3,157

Mining and quarrying NA NA NA NA

Manufacturing NA NA NA NA

Electricity, gas, steam and air

conditioning supply

NA NA NA NA

Water supply; sewerage, waste

management and remediation

activities

NA NA NA NA

Construction 34 NA 1,710

Wholesale and retail trade; repair

of motor vehicles and

motorcycles

NA NA NA NA

Transportation and storage NA NA NA NA

Accommodation and food service

activities

NA 420 NA

6,951

Information and communication NA NA NA NA

Financial and insurance activities NA NA NA NA

Real estate activities NA NA NA NA

Professional, scientific and

technical activities

NA NA NA NA

Administrative and support

service activities

NA NA NA NA

Public administration and

defence; compulsory social

NA NA NA NA

12

Risk sector

2014 2015

Number of

inspections in

which irregular

migrant workers

were detected

Number of

irregular

migrant

workers

detected

Number of

inspections in

which irregular

migrant workers

were detected

Number of

irregular migrant

workers detected

security

Education NA NA NA NA

Human health and social work

activities

NA NA NA NA

Arts, entertainment and

recreation

NA NA NA NA

Other service activities NA NA NA NA

Activities of households as

employers; undifferentiated

goods- and services-producing

activities of households for own

use

NA NA NA NA

Activities of extraterritorial

organisations and bodies

NA NA NA

NA

Source: DG Migration and Home affairs