Considering the current global epidemiologic situation and, in particular, in the European Union and although the pandemic seems relatively controlled in Portugal, the current state of emergency was renewed in all national territory, for a period of 15 days, starting at 0:00 hours of April 18th, 2020 and ending at 23:59 hours of May 2nd, under the terms of the law.
In order to deal with the COVID19 threat, the following measures were adopted.
1. Validity of expired Identification Documents. According to Decree Law 10-A/2020 of March 13th, the documents and visas regarding the permanency on national territory, which validity expires after February 24th, 2020, are accepted in the same terms, until June 30th, 2020. As so, the Residency Permits and Visas, Residency Cards and Permanent Visas in Portugal, will continue to be considered valid, when presented to a public authority, even if they have expired since February 24th, 2020.
Right of legal permanency of all the foreign citizens with pending applications before the Portuguese Immigration and Borders Service (SEF).
By Order no.3863-B/2020, of March 27th it is determined the regular permanency on national territory of all the citizens that are in Portugal, and that have applied for a residency permit on the terms of the Law no. 23/2007, of July 4th, or, asylum seekers or subsidiary protection, on the terms of the Law no. 26/2014, of May 5th, and that are currently waiting for a decision from SEF. These citizens, who currently would be in Portugal in an irregular and unprotected situation, must now always carry the documents that prove their situation, namely:
- Proof of “Manifestação de Interesse” request;
- Receipt proving the application for granting or renewal of the residency permit; or
- Proof of the appointment duly schedule at SEF.
These documents are considered valid to all public services, namely to obtain the number for access to the National Public Health System or to other health assistance rights, access to social support benefits, signing leasing agreement, signing employment agreements, opening bank accounts and hiring essential public services. SEF implemented, on April 6th, a new feature in its platforms (platforms used for the registration of residency permit applications) that allows foreign citizens to issue, consult and download a registration certificate, which shall be used as a supporting document of the pending situation before the SEF and before other public and private entities. In practice, the issuance of these certificates allows, from now on, foreign citizens to prove that they registered on the SEF platform and that they are waiting for the decision. In all other situations of pending applications for granting or renewal the residency permit at SEF, the e-mail confirming the appointment or the receipt from SEF operate as a proof. Furthermore, the appointments scheduled until March 27th, 2020 will be suspended, being all re-scheduled, from July 1st, 2020, by chronologic order, with the guarantee of equality of treatment to all the foreigner citizens.
3. Restoring border controls – renewal.
Resolution of the Council of Ministers no. 22/2020 of April 14th determined that the restoring of border control was, exceptional and temporally, extended in the context of pandemic COVID-19. As so, in the period between 00:00 hours of April 15th, 2020 and 00:00 hours of May 14th, 2020, without prejudice to revaluation every 10 days and possible extension, control of persons at the Portuguese land borders is reset, carried out by the Portuguese Immigration and Borders Service (SEF). We also remind that the Resolution of the Council of Ministers no. 10-B/2020 of March 16th determined:
- Suspension of all flights, from all airlines, commercial or private, originating from Spain or destined for Spain, to or from Portuguese airports or airfields;
- prohibition of road traffic at internal land borders, regardless the type of vehicle, apart from international goods transport, the transport of cross-border workers and the circulation of emergency relief vehicles and emergency services;
- suspension of rail traffic, except for goods transport.;
- suspension of river transport between Portugal and Spain;
- interdiction of the mooring of recreational crafts and the landing of people.;
- prohibition of the disembarking of passengers and crews of cruise ships in national ports, except for nationals and residents in Portugal.
This resolution is an exception to the regime of absence of any controls on people crossing internal borders provided for in the Schengen Borders Code
4. Prohibition of air traffic to and from Portugal from all flights to and from non-EU countries, with certain exceptions – renewal.
Given that the epidemiological situation has been worsening, both in Portugal and in other countries, demonstrating the experience of the high risk of spreading the virus resulting from the international circulation of passengers, it is necessary to extend the aforementioned ban, within a framework of prevention and containment of the pandemic also through the establishment of air traffic restrictions. This prohibition, following the Order No. 4698-C/2020 of April 17th, begins at midnight on April 18th, and for a period of 30 days, includes the following exceptions:
- Schengen countries (Liechtenstein, Norway, Iceland and Switzerland).
- Portuguese-speaking countries (from Brazil, however, only flights from and to São Paulo and to and from Rio de Janeiro will be admitted); and,
- United Kingdom, United States of America, Venezuela, Canada and South Africa, given the presence of important Portuguese communities.
Since March 23rd, according to the Portuguese General Directorate of Health guidelines, those who enter in Portugal, must remain in prophylactic isolation for 14 days. This isolation should be carried out at home, avoiding unnecessary exits. In addition, circulation in public spaces and streets should only occur when it is concerned, namely, the purchase of essential goods and services, such as the purchase of food or visits to the pharmacy, exits for health reasons, exits for short duration in the neighborhood for the purpose of enjoying outdoor moments, physical exercise (being prohibited the exercise of collective physical activity) and domestic animals walking. We also inform that, in all exits made, the recommendations and orders determined by the health authorities and the security forces and services must be respected, in particular those relating to the distances to be observed between people and also that, any displacement may be subject to questioning by public security authorities.
5. SEF border control procedures.
By the Order No. 3659-A/2020 of March 24th, and regarding the restoring, on an exceptional and temporary basis, documentary control of people at borders and the “no-fly zone”, SEF has adopted the necessary procedures to comply with such measures. Thus, as regards the air space border, SEF exercises controls the flights from third countries, which have not been suspended and authorizes the entry of passengers into Portugal, provided that the obligations imposed by the Directorate-General of Health are fulfilled, to the following categories of passengers:
- Nationals of a European Union Member State or of Schengen countries, authorized under the terms of Order No. 3427-A/2020 of March 18th (Liechtenstein, Norway, Iceland and Switzerland), and members of their families, in accordance with Directive 2004/38/EC of the Parliament and of the Council;
- Passengers of flights from Portuguese-speaking countries, South Africa, Canada, the United States of America, the United Kingdom and Venezuela, authorized under the terms of the Order No. 3427-A/2020 of March 18th, and provided that the reciprocity of treatment in the countries referred to Portuguese citizens is ensured;
- Citizens holding a Portuguese residence permit;
- Health professionals, health researchers and humanitarian aid workers, provided that in the performance of their duties;
- Qualified passengers with an identification document issued by the Ministry of Foreign Affairs under the terms of Article 87 of Law No. 23/07 of July 4th;
- Repatriated citizens through the consular assistance mechanism;
- International protection applicants;
- Citizens traveling for urgent professional reasons duly proven;
- Nationals of Portuguese-speaking countries under health protocols concluded for urgent and unavoidable medical acts; and,
- Citizens whose entry is justified on humanitarian grounds.
6. New extension of suspension of flights to and from Italy
Following the Order no. 4328-D/2020 of April 8th there is a new extension of the Order No. 3186-D/2020, of March 10th, for another 14 days, with effect from zero hours on April 8th, 2020 that determines the suspension of all flights of all Airlines, commercial or private, originating from Italy or with destination Italy, with destination or departure from Portuguese airports or airfields.
TFRA shall update the information on this flash whenever justified.
Please note that the information contained in this document is of a generic nature and does not exempt, therefore, the analysis of the specific case, nor the consultation of the official documentation and legislation in force at any time.