Permission to travel within the Schengen Area for immigrants holding a residence permit from the Community of Portuguese Speaking Countries (CPLP) is controversial in Portugal. Since the law does not say anything about this, this is one of the main doubts among immigrants. Initially, the General Directorate of Foreigners and Borders Service (SEF) stated that the document would be valid, but recently the Portuguese government issued a contrary position. That week, SEF confirmed to Now Europe AR CPLP cannot be used in other countries.
The new position contrasts with the response of the Foundation’s Director General, Fernando Pinheiro da Silva. Now Europe On the launch day of the new AR CPLP. When asked if the document would be valid for tourist trips for migrants within the Schengen area, Silva confirmed that the new residence permit form would allow travel to other countries:
The law is very clear, the law creates this system and then makes no exceptions [não apresenta exceção] The director of the agency said on March 10 that for all issues connected with the system, the exact same conditions apply as for any other residence permit. Since then, more than 100,000 foreigners, mostly Brazilians residing in Portugal, have already acquired the new AR model.
About two months after the announcement, the High Commissioner for Migration (ACM) revealed that “there are no guarantees that the right to movement through the territory of other Member States (…) given that the Mobility Agreement aims to promote mobility and free movement within the CPLP space”. The authority is responsible for the implementation of public policies in the field of immigration in Portugal.
The note sparked discussion in the country. a Brazil House, the largest association of Brazilians in Portugal, says that the measure creates “inequalities” and must be corrected: “We express our disagreement with the decision-making process, which did not include civil society, on the type of document that qualifies the authorization from the residence of the CPLP (…) was not submitted Portuguese government prior clarification on the rights guaranteed by the CPLP residence permit within the scope of movement in the Schengen area.” Also according to the association, the lack of information “prevented immigrants from the Community of Portuguese-speaking Countries from making an informed decision.”
Brazilian Robson Oliveira, 29, reported feeling aggrieved about not being able to travel with the document: “I decided to change the expression of interest to CPLP because I thought it would be easier in terms of travel, but I thought it was not fair to be able to travel,” explains the migrant. , who has been living in Portugal for a year and three months. The Brazilian works in a hospital cafeteria in the Algarve region and analyzes that the government “has not properly explained this new accommodation”.
The feeling, Robson says, is that he’s “infected,” because knowing that CPLP AR wouldn’t be valid, he wouldn’t have made the swap, like other aliens: “A lot of people wouldn’t, and yeah, I think this augmented reality is very unfair to be different.” for other residences. For a professional, workers should have the same rights as others, which includes taking tourist trips.
SEF contradicts itself
After issuing a note from the High Commission for Migration, the SEF endorsed the Now Europe The document does not allow CPLP AR holders to circulate freely across the Schengen Area. The authority did not initially respond to the contrary statement approved by the director in March.
Last week, SEF sent a new position to Now Europe Confirmation that the AR CPLP does not allow travel, but Brazilian citizens have a special agreement with the European Union (EU), which allows trading 90 days a year. However, the agreement refers to Brazilian tourists, not those who reside in an EU country.
Attorneys consulted Now Europe They are unanimously agreed that from the moment Brazilian citizens spend more than 90 days in the Schengen area, they are no longer considered tourists: “It is another to be a tourist to be a resident,” explains Brazilian lawyer Jamil Gambero.
The professional points out that many immigrants have replaced the “expression of interest” with AR CPLP and do not know how to act: “People have been misled and now they do not know what to do. In fact, they have every right to resort to a judicial process, ”the lawyer argues. For lawyer Gustavo Carneiro, the situation illustrates the legal instability in the laws related to immigration in Portugal: “The information changes a lot and the law is not clear on many points,” says the Brazilian professional.
As the EU directives state, the deadline for Brazilian tourists to stay in the Schengen Area is 90 days from the date of entry through a stamp in the passport. After this period, it is necessary to extend the tourist visa for another 90 days or apply for a residence permit. Otherwise, the foreigner is considered to be in an illegal situation in the Schengen area.
In the case of Portugal, the law allows for a request for legalization through an expression of interest, and is only valid within Portuguese territory, that is, it does not guarantee rights in other EU member states. Currently, MI is a means of obtaining an AR CPLP, which does not give the right to travel, but allows legal residence in the country.
This process is lengthy and takes an average of two years to complete, between entering the process, the face-to-face interview at SEF and receiving the card. During this period, the migrant is prohibited from leaving the territory and carrying out family reunification. At the same time, many companies in the country not only hire foreigners with IM. The long waiting period and the difficulties of this period led many immigrants to switch from IM to AR CPLP.
AR CPLP differences from others
In addition to not being able to travel in the Schengen area, the AR exclusive to Portuguese-speaking citizens has other differences from others that are in Portugal. The document is just a printed sheet of A4 size, without fingerprints and photos taken, as in others.
Other models are made of cardboard according to the EU standard model and more detailed information. The shelf life is also shorter, at one year, while others start at two years.
Another question that differs in the opinions of professionals is whether the AR CPLP will grant the right to apply for Portuguese citizenship after five years of living in the country. As in the case of travel, the law does not provide details on this matter.
The government expects SEF extinction in October
This week, Marcelo Rebelo de Souza, the President of Portugal, ratified the law that ends the SEF and creates A new agency responsible for immigration in the country. The head of state did not spare any criticism of the government, saying that delaying settlement processes “causes serious damage to the country’s external image and to the reception of those who come to us.” Marcello also wrote that the agency would encounter “difficulties at this initial stage,” due to suspended operations and delays in completing the agency’s transition.
The Integration, Migration and Asylum Agency (AIMA) should start operating at the end of October, according to the Minister of Home Administration, José Luis Carneiro. The owner of the bag refused to face the criticism of Marcelo Rebelo de Souza of the process of changing the body, which lasted more than two years.
The next step is to publish the document in the Diário da República (DRE). interrogated by Now Europe The minister stated in a press conference on Thursday (25) that he still does not have a specific date for this step. Only when the decree is issued will the immigrant community know clearly what changes the end of the SEF will imply in the daily lives of foreigners living in Portugal.
Currently, there are more than 700,000 immigrants with a residence permit (AR) in the country, of which more than 300,000 are Brazilian citizens. In addition, another 130,000 people are in line for regularization. The total number of foreigners is greater if immigrants with dual citizenship are counted.
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