Migration and Border Control Policy in Portugal

Migration and Border Control Policy in Portugal

Migration policy and border control must be a strategic priority to ensure security, economic development, and societal well-being. Considering current global challenges, namely disordered migratory flows, demographic changes, and economic needs, we propose a set of measures to ensure a balanced, sustainable, and efficient approach.

In summary, this petition presents 10 concrete proposals and respective details:

1. Elimination of the “Job Seeker Visa”

2. Strengthening Airport Security Controls

3. Allocation of Migration Quotas

4. Refusal of Stay for Immigrants Involved in Violent Crimes

5. Psycho-Technical-Cultural Tests for Foreign Residents

6. Granting Citizenship with Stricter Criteria

7. Limitation of Rights Related to Non-Nationals

8. Transparency in the Publication of Data on the Immigrant Population

9. Revocation of Nationalities Granted Since 2017

10. Revocation of the Sephardic Jewish Nationality Law and the Golden Visa regime

The abolition of the Foreigners and Borders Service (SEF) and the creation of the Portuguese Agency for Migration and Asylum (AIMA) were formalised through Law No. 73/2021, of 12 November. The law restructured Portugal’s border control and migration management system, transferring SEF’s competencies. Its implementation was delayed and only took place in May 2022, with the effective abolition of SEF and full operationalisation of AIMA occurring only in 2023.

Proposals

1) Elimination of the “Job Seeker Visa”

Law No. 18/2022, of 25 August, known as the “Facilitated Immigration Law”, introduced the possibility of granting a job-seeking visa, allowing foreign citizens to enter Portugal to look for employment without a previously signed work contract. Considering the negative social and economic impacts of this measure, we intend to repeal this legislation and also require certain conditions for the entry of non-tourists.

Related Law: Decree-Law No. 18/2022.

1.1) Fixed-term employment contract
The individual must present a signed employment contract with a Portuguese employer, with a minimum duration of 6 months, to ensure a stable labour link during their stay.

1.2) Proof of residence
The foreign national must demonstrate established residence in Portugal, with proper documentation proving their place of housing. Additionally, inspection of the number of occupants per dwelling must be carried out, ensuring it is not overcrowded and meets minimum safety and hygiene conditions.

1.3) Health and travel insurance
Foreign nationals must have valid and proven health insurance covering medical and healthcare expenses during their stay in Portugal, as well as travel insurance covering unforeseen events during the stay period.

2) Strengthening Airport Security Controls

The recent detention of a foreign national in Vilar Formoso on 20 March 2025, who was prohibited from entering the Schengen Area during “Operation Civitas”, raises security concerns. Therefore, we propose strengthening border inspections, with special focus on airports, primarily ensured by police forces. This measure aims to guarantee more effective and faster control of entry into national territory, without relying on an autonomous structure dedicated exclusively to immigration.

We also advocate stricter application of entry criteria for citizens from non-EU countries, with increased attention to document verification, criminal record checks, purpose of travel, and conditions of stay, safeguarding internal security and public order.

Related Law: Law No. 73/2021, of 12 November (border control restructuring) and Ordinance No. 322/2023, of 27 October.

3) Allocation of Migration Quotas

The allocation of migration quotas is an essential tool for more effective and balanced control of migratory flows, allowing the country to properly manage its social and demographic needs. By defining clear limits based on objective criteria, immigration can be regulated, promoting more efficient integration and ensuring that the arrival of immigrants does not overload existing resources and services. Quotas facilitate management, promoting long-term security and sustainability.

Related Law: Law No. 23/2007, of 4 July – regulates the entry, stay, exit, and removal of foreigners from national territory.

3.1) Balanced and sustainable criteria
Immigration quotas should be defined based on broad and objective criteria, where financial factors play a secondary role, avoiding influence from pressure groups or economic interests. Priority should be given to demographic and social needs, while cultural and linguistic affinity, especially with EU and CPLP countries, may be an important criterion to facilitate integration and strengthen historical and cultural ties.

Related Law: Law No. 23/2007, of 4 July – Article 88.

3.2) Restricting quotas for countries with higher crime rates
Indexed to crime in Portuguese territory, since foreign crime levels are difficult to assess.

Related Law: Decree-Law No. 84/2007, of 5 November – regulates expulsion of foreigners based on criminal acts.

4) Refusal of Stay for Immigrants Involved in Violent Crimes

Immigration policy must ensure that public safety is prioritised. When immigrants commit violent crimes, it is crucial to implement measures that protect society. Immediate expulsion of individuals involved in serious crimes is a strategy to preserve order and security while ensuring respect for national laws.

4.1) Obligation to compensate Portuguese society
Before removal, immigrants convicted of violent crimes must serve a sentence including the obligation to pay compensation to Portuguese society as reparation for the damage caused.

4.2) Bilateral agreements and quota reduction for non-cooperative countries
Migration policies should depend on bilateral agreements ensuring the return of criminals. Countries that refuse to receive back their nationals convicted of violent crimes should have their immigration quotas reduced or eliminated, ensuring that responsibility for reintegration does not fall exclusively on Portugal.

5) Integration and Cultural Preparation of Foreign Residents

These measures aim to ensure that foreign residents properly adapt to Portuguese society, promoting full and respectful integration. Through psycho-technical-cultural tests, the aim is to assess immigrants’ commitment to the country’s social and cultural values.

5.1) Psycho-technical-cultural tests for foreign residents
Residence should be conditional upon proof of knowledge of the Portuguese language and national culture through specific exams. These tests must be entirely voluntary and the costs borne by the immigrant.

5.2) Restriction of activities without passing tests
Without passing psycho-technical-cultural tests, foreign residents may not perform jobs involving direct contact with the public, such as drivers or other public-facing roles. This ensures preparedness for cultural interaction and respect for social norms.

6) Granting Citizenship with Stricter Criteria

Citizenship rules should be revised, becoming more restrictive, with stricter requirements regarding residence time, cultural integration, and contribution to society and the economy. Citizenship should be a reward for effective commitment to Portuguese society.

Related Law: Law No. 37/81 – Nationality Law.

Natural origin in Portuguese law refers only to place of birth. However, it can also be understood more broadly as a bond with a given biological and cultural environment, including parental origin and transmitted cultural heritage, limited to a number of generations—expanding the commonly misunderstood concept.

Nationality is a legal bond between a person and a community, establishing mutual rights and responsibilities, including political aspects.

Citizenship, although often used synonymously with nationality, refers to a narrower set of civil and social rights and does not necessarily include political rights such as voting or being elected. In Portugal, the terms are often used interchangeably and confused.

6.1) Limitation of multiple nationalities
Portuguese nationality should only be compatible with one additional nationality, preventing accumulation of three or more nationalities. Individuals with triple or more nationalities must choose to retain only two, or lose Portuguese nationality.

6.2) Requirement of 18 years of uninterrupted legal residence
Naturalisation should require a minimum of 18 years of uninterrupted legal residence, replacing the current 5-year requirement, except for simplified cases involving descendants of nationals born in Portugal up to the third generation.

6.3) Requirement of 10 years of formal employment and social security contributions
Applicants must demonstrate at least 10 years of formal employment and contributions to Social Security during legal residence.

6.4) Regulation of nationality through marriage
Nationality must be based on genuine and lasting relationships.

6.4.1) Citizenship only after 5 years of proven marriage
Requires 5 years of verified cohabitation and financial interdependence, with no suspicion of marriage of convenience.

6.4.2) Revocation of nationality in case of divorce
Nationality acquired through marriage is automatically revoked upon divorce.

6.5) Education and integration criterion
Nationality may be granted if the child was born in Portugal, completed compulsory education, and has no criminal record.

7) Limitation of Rights Related to Non-Nationals

This proposal ensures that national resources and fundamental rights are primarily directed to Portuguese citizens, safeguarding sovereignty, security, and socio-economic sustainability.

7.1) Restriction of voting rights to nationals
Voting and referendums should be exclusive to nationals.

Constitution of the Portuguese Republic, Article 49.

7.2) Limitation of dual/multiple citizenship in state functions
State roles, including intelligence, defence, and security, should be restricted to nationals without multiple citizenships.

7.3) Restriction of social benefits
Access to housing support and social benefits is restricted to Portuguese citizens or foreigners with 5 years of uninterrupted residence and Social Security contributions.

8) Transparency in Immigration Data

8.1) Regular publication of data
Quarterly reports including: immigrant numbers, origin, residence time, asylum requests, irregular status, nationality applications, approval rates, public service impact, employment data, crime, and deportations.

8.2) Public access
Reports must be publicly available via transparency portals.

8.3) Oversight and penalties
Supervised by the Inspectorate-General of Internal Administration (IGAI), with sanctions for data omission or falsification.

8.4) Independent Commission
Creation of an independent commission to monitor implementation and transparency.

9) Revocation of Nationalities Granted Since 2017

Since 2017, nationality laws were relaxed, enabling easier naturalisation and automatic citizenship in several cases. This occurred without broad public debate or adequate long-term assessment.

We propose revocation of nationalities granted since 2017 where integration has not been effective or where nationality was granted under simplified conditions.

9.1) Revocation due to lack of integration
Review of all nationalities granted since 2017, with possible revocation if integration criteria are not met.

9.2) Revocation of birthright citizenship for children of foreigners
Nationality at birth should only apply if at least one parent is already a Portuguese citizen at the time of birth.

9.3) Revocation for individuals with criminal records
Nationality granted to individuals convicted of serious crimes should be revoked.

10) Revocation of Sephardic Nationality Law and Golden Visa Regime

We propose repealing the regime granting nationality to descendants of Sephardic Jews expelled from Portugal, as well as the Golden Visa regime.

We argue these mechanisms have been misused, lack strict criteria, and have contributed to housing speculation and inequality. Nationality and residency should not be granted primarily on economic grounds.

Related Laws: Decree-Law No. 30-A/2015 (Sephardic nationality) and Law No. 23/2007 (Foreigners Law – Golden Visa regime).

Conclusion

The ten proposals outlined aim to balance immigrant reception with the preservation of Portuguese values and identity. Measures such as migration quotas and transparency in immigration data ensure policies are based on clear and accessible information.

Finally, stronger oversight mechanisms and clear criteria for nationality revocation, especially in cases of serious crime or lack of integration, are necessary to protect security and social cohesion.

These proposals aim not only to ensure border security and societal integrity but also to promote orderly immigration respectful of the values underpinning the Portuguese rule of law. The balance between immigrant rights and national citizens’ rights is essential for the future of the nation, and the proposals presented here represent an important step in that direction.

LINK DO PETITION: https://peticaopublica.com/pview.aspx?pi=migracao-e-fronteira