Covid-19: Government Measures – Immigration and Borders Control (April 1st Update)

Considering the current global epidemiologic situation and in the European Union and in Portugal, the current state of emergency has been announced and was renewed in all national territory for an additional period of 15 days, starting at 00:00 hours of April 1st, 2021 and ending at 23:59 hours of April 15th, 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 Decree Law 22-A/2021, March 17th

The documents and visas regarding the permanency on national territory, which validity expires after February 24th, 2020, being accepted in the same terms, until December 31st, 2021.

As so, the Portuguese Citizen Cards, 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.

2. Right of legal permanency of all the foreign citizens with pending applications before the Portuguese Immigration and Borders Service (SEF) Order n. 3863B/2020, March 27th; Order No. 10944/2020, November 8th

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:

  • i. Proof of “Manifestação de Interesse” request,
  • ii. Receipt proving the application for granting or renewal of the residency permit; or
  • iii. Proof of the appointment duly schedule at SEF.

These documents are considered valid before 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 of leasing agreement, signing of employment agreements, opening of bank accounts and hiring of essential public services.

SEF implemented a feature in its platforms SAPA and ARI (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 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 of the residency permit at SEF, the e-mail confirming the appointment or the receipt from SEF works as a proof.

3. Suspension of regular service of the Portuguese Immigration and Borders Service (SEF) – Order No. 1689-B / 2021, February 12th

During the State of Emergency, and for as long as it is in force, the Immigration and Borders Service maintains its regular service, by appointment, only for the practice of urgent acts/appointments.

The appointments scheduled until February 12th, are now suspended, and will be rescheduled, in chronological order, guaranteeing equal treatment between foreign citizens.

4. Extension of measures applicable to air traffic to and from mainland Portugal Order No. 3358/2021, March 28th  

The Portuguese Government, through Order No. 3358/2021, of March 28th, and given the evaluation of the epidemiological situation in Portugal and in the European Union and the guidelines of the European Commission, determined the extension of the suspension of air traffic to and from mainland Portugal of all flights, except for:

  • a) Flights from and to countries that are part of the European Union and countries associated with the Schengen area (Liechtenstein, Norway, Iceland, and Switzerland), recommending that only essential trips are made. The following countries are currently on the list of authorized flights: Bulgaria, Czech Republic, Cyprus, Estonia, France, Hungary, Italy, Malta, Poland, Slovenia, and Sweden;
  • b) Flights from and to the following countries: Australia, China, South Korea, New Zealand, Rwanda, Singapore, Thailand and Hong Kong and Macau Special Administrative Regions, provided that, with a positive epidemiological evaluation, concerning direct air connections with Portugal and subject to reciprocity confirmation, as well as the entry into Portugal of residents in countries on the list, provided that they have only transited or made international transfers at airports situated in countries not on the list;
  • c) Flights from and to countries that are not part of the European Union or countries that are not associated to the Schengen Area, exclusively for essential trips. Essential trips are those destined to allow the transit or the entry or exit from Portugal of
    • i. Citizens of the European Union, nationals of States associated with the Schengen Area and members of their families and third-country nationals legally resident in a Member State of the European Union;
    • ii. Third-country nationals traveling for professional, study, family reunion, health or humanitarian reasons, and in accordance with the principle of reciprocity.

Passengers authorized to travel, with the exception of children who have not reached 24 months of age, must present proof of test to COVID-19, with a negative result, at the time of departure, carried out in the last 72 hours before departure, under penalty to be refused entry into national territory.

Passengers on flights originating from countries part of the authorized list of European Union countries (Bulgaria, Czech Republic, Cyprus, Estonia, France, Hungary, Italy, Malta, Poland, Slovenia, and Sweden), must comply, after entering mainland Portugal, with a prophylactic isolation period of 14 days, at home or at a place indicated by the health authorities. Passengers travelling on essential trips and whose period of stay in national territory, attested by a return ticket, does not exceed 48 hours are exempt from complying with the prophylactic isolation provided above, and should limit their trips to what is essential for the purpose for which they entered national territory.

5.Extension of measures applicable to air traffic from or to United Kingdom or Brazil Order No. 3358/2021, March 28th; Order No. 3516-A/2021, April 3rd   

The Portuguese Government, through Order No 3358/2021 of March 28th, and given the evaluation of the epidemiological situation in Portugal and in the European Union and the guidelines of the European Commission, determined the extension of the suspension of all flights, commercial or private, from airports or aerodromes in mainland Portugal, to or from Brazil and the United Kingdom.

The repatriation situations of nationals of the European Union and countries associated to the Schengen area, and their family members, as well as nationals of third countries with legal residence in national territory, are excluded. These passengers are obliged, cumulatively, to:

  • i. Submit proof of completion of a molecular test by RT-PCR for screening for infection by SARS-CoV-2, with a negative result, performed within 72 hours prior to the time of embarkation, except for children who have not completed 24 months of age;
  • ii. Comply, after the entry, with a period of prophylactic isolation of 14 days, at home or in a place indicated by the health authorities or wait for the flight to connect to the respective countries in a proper place inside the airport.

These obligations also apply to passengers on flights with an initial origin in the United Kingdom or Brazil who have stopped over or transited through countries whose air traffic to Portugal is authorized.

The prophylactic isolation obligation also applies to the entry into Portugal of nationals or legal residents in the national territory from Brazil or the United Kingdom or from European Union countries whose traffic is authorized (Bulgaria, Czech Republic, Cyprus, Estonia, France, Hungary, Italy, Malta, Poland, Slovenia, and Sweden), via land borders.

6. Measures applicable to passengers on flights with origin in South Africa who have made a stopover or transit in countries whose air traffic to Portugal is authorized Order No. 3358/2021, March 28th; Order No. 3516-A/2021, April 3rd

The Portuguese Government, through Order No. 3358/2021, of March 28th, and taking into account the evaluation of the epidemiological situation in Portugal and in the European Union, the European Commission guidelines and taking into account that the existence of cases of infection by the South African variant of the virus has already been confirmed in Portugal, although in a reduced number, has determined the extension of the measures applicable to passengers on flights with initial origin in South Africa who have stopped over or transited through countries whose air traffic to Portugal is authorized. Accordingly, they are obliged, cumulatively, to:

  • i. Submit proof of completion of a molecular test by RT-PCR for screening for infection by SARS-CoV-2, with a negative result, performed within 72 hours prior to the time of embarkation, except for children who have not completed 24 months of age
  • ii. Comply, after entry, with a prophylactic isolation period of 14 days, at home or at a place indicated by the health authorities or wait for the connecting flight to the respective countries in an appropriate place inside the airport.

These measures apply to passengers on flights, regardless of origin, who present a passport with a record of departure from South Africa within 14 days prior to their arrival in Portugal.

The obligation of prophylactic isolation also applies to the entry into Portugal of nationals or legal residents in national territory from South Africa or EU countries whose traffic is authorized (Bulgaria, Czech Republic, Cyprus, Estonia, France, Hungary, Italy, Malta, Poland, Slovenia, and Sweden), through land borders. This measure is in effect until April 15th and its extension is possible and expected.

7. Extension of the exceptionally and temporarily reinstatement of the control of people at land and river bordersOrder No. 3358/2021, March of 28th; Order No. 3516-A/2021, April 4th; Order No. 3516-A/2021, April 3rd   

The reinstatement, on an exceptional and temporary basis, of the control of people at land and river borders was extended, in the context of the pandemic of the disease COVID-19.

Thus, during the State of Emergency, and without prejudice to possible extension, it was determined to restore control of people at Portuguese internal borders, to suspend cross-border rail traffic, except for the transport of goods and the suspension of river transport between Portugal and Spain, establishing authorized crossing points at the land border, in the Order no. 3516-A/2021, April of 4th. This resolution is an exception to the regime for the absence of checks on persons when crossing internal borders provided for in the Schengen Borders Code.

Please note that the information contained herein is of generic nature and, therefore, does not exempt the analysis of the specific case, nor the consulting of the official documentation and legislation in force at each moment.

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