Portugal: Legislative Decree No. 264-C/1981 of 1981, containing Provisions governing Entry, Stay and Departure of Aliens and Their Expulsion from Portuguese Territory
|Publication Date||3 October 1981|
|Cite as||National Authorities, Portugal: Legislative Decree No. 264-C/1981 of 1981, containing Provisions governing Entry, Stay and Departure of Aliens and Their Expulsion from Portuguese Territory, 3 October 1981, available at: http://www.refworld.org/docid/3ae6b5030.html [accessed 20 April 2014]|
|Comments||This is an unofficial translation.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
PREAMBLEBearing in mind the desirability of assembling in a single text all the legislative provisions which govern entry, stay and departure of aliens and their expulsion from Portuguese territory, and in order to enhance the knowledge of the law on the part of interested persons and its application by the competent bodies; In view of the need to review certain rules which have become obsolete in their form and adapt them to the requirements of the national interest; Convinced of regulating hereby situations which had so far not been covered by the law and endowing at the same time the competent bodies with the necessary legal instruments; In view of the foregoing: In the exercise of the powers conferred by Law No. 12-G/81 and Law No. 12-H/81, of 27 July, the Government, pursuant to subparagraph (b) of article 201 of the Constitution, has hereby enacted the following Decree:
I - ENTRY INTO AND DEPARTURE FROM PORTUGUESE TERRITORY
Article 1Aliens wishing to enter Portuguese territory or to depart therefrom must do so at the frontier points designated for that purpose.
Article 21.For purposes of entry into Portuguese territory or departure therefrom aliens must hold valid passports.
2. The following, however, may enter Portugal or leave therefrom without a passport:
(a)Aliens who are diplomatic agents accredited in Portugal and who are holders of the identity card issued by the Ministry for Foreign Affairs;
(b)Aliens covered by the conventions entered into by the signatory States of the North Atlantic Treaty;
(c)Nationals of countries with which Portugal has entered into agreements enabling them to enter the country with solely an identity card or similar document;
(d)Holders of the marine identification document referred to in Convention No. 108 of the International Labour Organisation, approved for ratification by Legislative Decree No. 47712 of 19 May 1967;
(e)Nationals of countries with which Portugal has entered into bilateral agreements enabling entry with only a maritime card;
(f)Holders of a travel document;
(g)Holders of the travel document referred to in the Geneva Convention of 28 July 1951;
(h)Holders of a collective certificate of identity and travel;
(i)Holders of a laissez-passer issued by the Organization of the United Nations or other international organizations recognized by Portugal;
(j)Holders of a laissez-passer issued by the authorities of the State of which they are nationals;
(k)(missing in original)
(l)Holders of the pilot's licence or air crew certificate referred to respectively in annexes 1 and 9 of the Convention on International Civil Aviation;
(m)Nationals of a country with which Portugal has concluded an agreement to that effect.
3. The laissez-passer referred to in subparagraph (j) of paragraph 2 above shall be valid only for purposes of transit; if issued on Portuguese territory it shall only be valid for purposes of leaving the country.
4. Nationals of countries with which Portugal has concluded agreements to that effect may also enter the country, or leave it, with an expired passport.
5. Aliens holding the safe-conduct mentioned in article 28 hereby are also permitted to leave Portuguese territory.
Article 3In exceptional and duly substantiated cases, the Aliens Department may authorize entry into the country of aliens who do not fulfil the legal requirements for the purpose.
Article 4The following persons shall be forbidden entry into Portuguese territory:
(a)Aliens who have been expelled, until the expiry of the period for which entry into the country has been barred to them;
(b)Aliens who carry out activities which, if conducted in the country, would involve their expulsion.
II - VISAS
SECTION I: VISAS GRANTED TO ALIENS
Article 51.Aliens wishing to enter Portuguese territory shall be required to hold a diplomatic, service or consular visa.
2. The following shall, however, be allowed to enter the country without a visa: (a) Aliens holding any of the documents referred to in subparagraphs (a), (b), (c), (d), (e) and (l) of paragraph 2 of Article 2 as well as those holding a valid residence permit; (b) Nationals of countries with which Portugal has agreements to that effect.
Article 61.Diplomatic or service visas are issued by the embassies of Portugal and must be used within 60 days of being granted.
2. The visas referred to in the foregoing paragraph are valid for a stay of sixty days.
Article 71.Consular visas are granted by Portuguese consular posts empowered for the purpose and must be used within 120 days of being granted.
2. Consular visas are either:
(b)Tourist or business visas; or
(c)Visas to take up residence
Article 8Transit visas issued to a traveller proceeding to another country, are intended for the purpose of permitting the crossing of Portuguese territory for a period of four days.
Article 91.Tourist or business visas allow entry into Portuguese territory by their holder for purposes of tourism or business.
2. The visas referred to in the foregoing paragraph are valid for two entries into the country.
3. In exceptional and duly substantiated cases, consular posts may grant tourist or business visas for more than two entries.
Article 101.Without prejudice to any special regimes envisaged in international agreements, tourist or business visas authorize their holders to remain on Portuguese territory for a period not exceeding ninety days.
2. Nevertheless, tourist or business visas may be granted for a stay of one year to the following persons:
(a)Aliens who are the children of Portuguese nationals;
(b)Persons of Portuguese origin who have acquired a foreign nationality.
Article 111.Visas for the purpose of taking up residence are designed for the purpose of allowing entry into Portuguese territory to their holders who intend to reside therein.
2. The visas referred to in the foregoing paragraph are valid for one entry and permit their holder to stay in Portuguese territory for a period of ninety days.
Article 121.Consular posts must enter into previous consultation with the Aliens Department before granting a visa in the following cases:
(a)When the person concerned is the national of a country with which Portugal has no diplomatic or consular relations;
(b)When the person concerned holds a travel document granted by an authority different from that of the country of which he is a national or when the person concerned is stateless;
(c)When the person concerned intends to take up residence in Portuguese territory;
(d)When the officer in charge of the consular post has well-founded doubts as to whether the visa should or should not be granted.
2. In exceptional cases of recognised urgency or national interest the Ministry for Foreign Affairs may authorise the granting of a visa and inform the Aliens Department thereof.
SECTION II: VISAS GRANTED ON PORTUGUESE TERRITORY
Article 13Aliens who enter the country under cover of the provisions of subparagraphs (c), (d), (e) and (l) of paragraph 2 of Article 2 must hold a passport and submit it for stamping a visa thereon if they wish to remain longer than the period granted on entry at the frontier.
Article 14Aliens who wish to remain in Portugal for a period of time greater than that granted to them on entry into the country may be granted:
(a)A visa for a stay of up to sixty days renewable for a similar period when they are not holders of a visa.
(b)Two visa extensions which may not exceed sixty days each when they hold a diplomatic or service visa or a tourist or business visa.
Article 151.Aliens who wish to take up residence in Portugal and do not hold the required consular visa shall request a visa for that purpose within thirty days before the expiry of the period of stay granted to them.
2. The request shall be granted only in exceptional and duly substantiated cases.
Article 16Without prejudice to any special regime envisaged by treaty or international agreement, aliens who wish to carry out a professional activity in the country shall be required to obtain first a work permit.
Article 17Aliens holding a travel document issued on Portuguese territory by a diplomatic mission or consular post shall require a visa to leave the country.
Article 18The Aliens Department shall be empowered to grant the visas or extensions referred to in the previous articles.
Article 191.Transit visas of up to four days may be granted at frontier posts to aliens who do not hold the necessary consular visa but who possess travel tickets ensuring that they will enter within that period the country to which they are proceeding.
2. The visas referred to in the foregoing paragraph may, at the request of the party concerned, be extended for a maximum period of four days by the Aliens Department.
III - TRAVEL DOCUMENTS ISSUED BY THE PORTUGUESE AUTHORITIES
Article 20An alien's passport may be granted to the following persons:
(a)A person who, being a resident in Portuguese territory, is stateless or is the national of a country without diplomatic or consular representation in Portugal or who demonstrates his inability to obtain another passport;
(b)A national of a country with which Portugal has an agreement to that effect;
(c)An individual who is not resident in Portuguese territory when exceptional circumstances recommend such a concession.
Article 211.Alien's passports are valid for a period of two years and may not be extended; they are valid for an unlimited number of journeys.
2. When issued on Portuguese territory, the passport shall authorise its holder to return to Portugal provided this right is mentioned in the passport.
Article 22Alien's passports shall be similar to the model annexed to the present decree and the provisions governing ordinary passports shall apply to them unless otherwise specifically stated.
Article 23Aliens resident in the country as refugees under cover of Law No. 38/80 of 1 August, as well as refugees covered by the provisions of paragraph 11 of the Annex to the 1951 Geneva Convention may obtain a travel document as per the model annexed hereto.
Article 24Travel documents for refugees shall be valid for a period of two years, may be extended and can be used for an unlimited number of journeys; they shall enable their holders to return within the relevant period of validity.
Article 251.Travel documents for refugees may be personal or family document.
2. Personal travel documents shall be required as from the age of 14 if the minors concerned do not travel in the company of the father or mother.
3. Family travel documents may cover husband, wife and minor children or only the father and minor children or the mother and children under the same conditions; in the first case the mother shall be allowed to use it either alone or with the children.
4. Either spouse may be included at any time in the travel document of the other spouse; minor children may similarly be included in the travel document of the father, the mother or both.
5. A refugee under the age of 14 may be included in the travel document of the person to whom he has been entrusted.
Article 26A refugee who uses a travel document granted in accordance with the present decree and who is present in a country in any of the situations envisaged in paragraphs (1) to (4) of section C of Article 1 of the Geneva Convention of 28 July 1951 must obtain a travel document from that country.
Article 27The following authorities shall be empowered to issue alien's passports and travel documents for refugees:
(a)On Portuguese territory, the Aliens Department
(b)Abroad, consuls, subject to the favourable advice of the Aliens Department or, in the cases envisaged in sub-paragraphs (b) and (c) of Article 20, with the authorization of the Ministry for Foreign Affairs.
Article 28A safe conduct may be granted to aliens who not being residents in the country, demonstrate their inability or difficulty in obtaining another document enabling them to leave Portuguese territory.
Article 29The safe conduct mentioned in the previous paragraph shall conform with the model annexed to the present decree; it shall be issued by the Aliens Department.
IV - RESIDENCE PERMIT
Article 30Aliens who have been granted permission to reside in Portugal shall be deemed resident aliens.
Article 311.Aliens holding a visa for purposes of taking up residence shall be required to apply for a residence permit to the Aliens Department.
2. The application may cover minors below the age of 14 who are dependent on the applicant.
Article 32In dealing with the application, the Aliens Department shall take specifically into consideration the following criteria:
(a)The observance on the part of the applicant of Portuguese laws and in particular those relating to aliens;
(b)The means of subsistence available to the applicant;
(c)The intended purpose of the stay and its credibility; (d) The existence of family ties with other residents in the country whether Portuguese or alien.
Article 331.Aliens authorised to reside in Portugal shall be granted a residence permit.
2. The persons referred to in paragraph 2 of Article 31, if resident in Portugal, shall be required, within one month after reaching the age of 14, to apply for their transfer to a personal residence permit.
Article 341.Residence permits shall be of 3 types, the models which appear in the annex to the present decree.
2. Type A residence permits shall be valid for one year as from the date of issuance and shall be renewable for a similar period.
3. An alien resident in the country for five consecutive years may be granted a type B residence permit valid for five years and renewable for a similar period.
4. An alien resident in the country for twenty consecutive years may be granted a type A residence permit valid for life.
Article 35The renewal of residence permits must be applied for by the persons concerned and shall be subject to the criteria referred to in Article 32.
Article 36Resident aliens have an obligation to inform the Aliens Department of any change of domicile or any absence from the country for a period greater than ninety days; such communications shall be made within eight days counted from the date of moving or, in the case of absence from the country, prior to initiating it.
Article 37Residence permits may be withdrawn from any aliens who do not fulfil the conditions required for stay as residents.
Article 381.Residence permits shall not be required from diplomatic or consular agents of States accredited in Portugal, from the administrative and service staff (or equivalent staff) of foreign nationality serving in diplomatic missions or consular posts of the above-mentioned States, or from members of their families.
2. The identity cards issued by the Ministry for Foreign Affairs must be stamped by the Aliens Department; they shall then confer on the holder the right to reside in the country.
3. Any persons mentioned in the previous paragraphs who cease to be covered by the grounds on the basis of which the Ministry for Foreign Affairs has issued them with identity cards shall be required to return to that Ministry the documents in question which shall then be transmitted to the Aliens Department.
Article 39The provisions of the present chapter are without prejudice to any special regimes provided for in international treaties or conventions to which Portugal is a party or to which it may accede.
V - LODGERS' RETURNS
Article 40The purpose of the lodgers' returns shall be to ensure the control of aliens on Portuguese territory.
Article 411.The owners of hotels or similar establishments or of camping sites as well as any persons lodging foreigners or renting or even sub- letting, or making available on any basis, a dwelling to aliens shall have the duty to report it within forty-eight hours by means of an individual lodger's return to the Aliens Department or to the municipal chamber in a council where the said service does not exist.
2. The same duty to submit lodgers' returns shall apply under the same conditions as those established in paragraph 1 above to non-resident aliens who establish themselves in their own dwellings.
3. The counterfoils of the lodgers' returns shall be sent to the authorities mentioned in paragraph 1 within forty-eight hours of the alien leaving the above-mentioned lodgings.
VI - EXPULSION FROM PORTUGUESE TERRITORY
Article 421.Without prejudice to the provisions contained in international treaties or conventions to which Portugal is a party, the following alien citizens shall be expelled from the Portuguese territory:
(a)If the alien entered the country illegally;
(b)If the alien commits an act in breach of national security, public order or good morals;
(c)If the aliens presence or activities in the country constitute a threat to the interests or dignity of the Portuguese State or its nationals;
(d)If the alien interferes in any form in Portuguese politics without having been duly authorized by the Government;
(e)In the event of failure to observe the Portuguese laws relating to aliens;
(f)If the alien has carried out acts which, if known to the Portuguese authorities, would have constituted a reason for not allowing entry into the country.
2. The provisions of paragraph 1 of the present article are without prejudice to the criminal liability which may be incurred by the alien concerned.
3. As far as refugees are concerned, the applicable regime shall be the most favourable one of those resulting from the law and from any international agreement binding upon Portugal.
Article 43Without prejudice to the provisions of criminal law, the supplementary penalty of expulsion shall apply:
(a)To any alien non resident in the country who is sentenced for a grave crime to a penalty greater than six months imprisonment;
(b)To an alien resident in the country for less than five years sentenced for a grave crime to a penalty greater than one year's imprisonment;
(c)To an alien resident in the country for over five years and less than twenty years who shall be sentenced to the heaviest penalty.
Article 441.An alien may not be expelled to a country where he is liable to be persecuted for political reasons.
2. In the event of its being shown that in the country to which it is intended to send him the alien may be subject to political persecution, he may be sent to another country which accepts him.
Article 451.The following bodies have authority to order expulsion on the basis of the grounds mentioned in article 42: (a) In the continent, judges of the police district of Lisbon; (b) In the areas of their respective autonomous regions the courts of the districts of Funchal and Ponta Delgada.
2. Territorial jurisdiction shall be determined by the residence of the alien concerned or, in the absence of such residence, the place where he is found.
Article 461.Whenever the Aliens Department becomes aware of any fact which can constitute a basis for expulsion, it shall take steps to assemble in a summary fashion the necessary evidence for purposes of judicial proceedings.
2. The proceedings shall comport also a succinct report describing the facts on which the expulsion is to be based.
3. Once the decision is taken to submit the case to the court, the Department shall notify the alien concerned so that he can prepare his defence and submit it, if he so wishes, at the hearing.
4. In the organization of the proceedings the Department shall take into account the fact whether the alien is or is not a resident and, if he is a resident, the length of his residence.
Article 471.Once the proceedings are initiated, the judge shall set a date for judgement forty-eight hours thence and shall order that the alien and the witnesses be notified thereof.
2. The decision taken in accordance with the foregoing paragraph may be put off for one single occasion when:
(a)The alien requests a longer period to prepare his defence;
(b)In the event of the absence of the alien;
(c)In the event of the absence of the evidence on which the Aliens Department relies or of evidence which the alien intends to submit.
3. In the event of any of these grounds for deferral mentioned in the foregoing paragraph the judge shall set a new date for judgement within the following eight days and shall order that the Aliens Department, the alien and the witnesses who are to appear at the hearing shall be notified.
Article 481.The decision shall mandatorily state:
(a)The reasons therefor, except where expulsion is ordered as a supplementary penalty;
(b)The time limit for implementation, which may not exceed forty days for aliens resident in the country or eight days for other aliens;
(c)The time-limit, which shall not be less than one year, during which the alien concerned shall be forbidden entry into Portuguese territory;
(d)The country to which an alien covered by the provisions of paragraph 2 of Article 44 is to be sent.
2. The Aliens Department shall supply the elements which will enable the court to determine the country of destination in conformity with sub paragraph d) of the foregoing paragraph.
Article 49Decisions taken pursuant to Article 45 shall be liable to appeal, which shall not have a suspensive effect.
Article 501.An alien who has been the subject of an expulsion order has an obligation to leave Portuguese territory within the specified time-limit.
2. Pending the expiry of the time limit specified in the foregoing paragraph the alien concerned shall be under a duty:
(a)To declare his residence;
(b)Not to be absent from the municipal district of his residence without permission from the Aliens Department;
(c)To report periodically to the Aliens Department or the police authorities in conformity with the instructions of the above-mentioned department.
3. An alien who violates the provisions of paragraph 1 or who fails to observe of any of the obligations specified in paragraph 2 may be arrested by any authority; the expulsion order shall then be immediately implemented.
Article 511.The Aliens Department shall be competent to implementexpulsion decisions handed down by the courts.
2. The supplementary penalty of expulsion shall be implemented even if the alien concerned is on remand.
Article 521.An alien who enters illegally Portuguese territory may be arrested by any authority and shall be handed over to the Aliens Department who shall present him within forty-eight hours to the competent court for purposes of an expulsion order.
2. A person who, having entered Portuguese territory irregularly appears without delay before the authorities requesting political asylum shall not be referred to the court.
3. An alien in the circumstances specified in the foregoing paragraph shall await in freedom the decision on his application but must remain available to the Aliens Department which will indicate to him the duties incumbent upon him.
Article 531.It shall be a criminal offence, punishable with imprisonment and the appropriate fine, for an alien to enter Portuguese territory during the period for which such entry is forbidden to him.
2. In the event of conviction, the court shall order as a supplementary penalty the expulsion of the alien concerned.
3. After serving the penalty for the crime referred to in paragraph 1, the alien concerned must leave Portuguese territory immediately.
Article 54The court shall transmit to the Aliens Department without delay certifications of the sentences handed down in criminal proceedings against alien citizens.
Article 55The expulsion order shall be communicated by the diplomatic channel to the competent authorities of the country to which the alien is to be sent.
Article 561.Unless otherwise specified herein, the criminal proceedings involved shall be in summary form.
2. Expulsion proceedings shall always have an urgent character.
Article 571.In all cases in which an alien is unable to pay the cost involved in his departure from the country, the expenses in question shall be borne by the State.
2. With a view to defraying the expenses resulting from the application of the present decree, the necessary provision shall be made in the budget of the Ministry for Home Affairs.
VII - TAXES
Article 581.Diplomatic visas and service visas shall be granted free of charge.
2. The taxes for issuing consular visas shall be those laid down in the schedule of consular charges.
3. The other taxes shall be determined by an order of the Ministries of Home Affairs, Finance and Planning.
Article 59An exemption or reduction of taxes may be granted to nationals of countries with which Portugal has agreements to that effect.
Article 60The Director of the Aliens Department may, in exceptional cases, grant an exemption from tax or a 50% reduction thereof to aliens who wish to obtain a residence permit or to renew a permit and who establish that they are unable to defray, or have difficulties in defraying, the appropriate taxes.
Article 611.An alien who exceeds the period of stay permitted to him may be granted an appropriate extension in the terms specified herein against a fine of 600 escudos and the supplements thereto.
2. The same penalty shall apply when the offence mentioned in the foregoing paragraph is detected on the alien leaving the country.
Article 62Any alien who is found to be working in the country without the permit referred to in Article 16 shall be liable to a fine of 1,000 escudos.
Article 63The offence mentioned in Article 26 shall be punishable with a fine of 2,000 escudos.
Article 64The offence mentioned in paragraph 2 of Article 33 shall be punishable with a fine of 500 escudos with the appropriate supplements.
Article 65An alien who allows his residence permit to expire may be granted a renewal thereof in the terms herein specified against a fine of 800 to 2,000 escudos, with the appropriate supplements.
Article 66An alien who fails to comply with the provisions of Article 36 shall be liable to a fine of between 600 and 1,500 escudos.
Article 671.Offences against the provisions of Article 41 shall be punishable as follows:
(a)For each individual lodging return not submitted under paragraphs 1 and 2 of Article 41 the lodger shall be liable to a fine of 500 to 1,500 escudos with the appropriate supplements;
(b)For each counterfoil which is not submitted under paragraph 3 of Article 41 a fine of 500 escudos to 1,500 escudos shall apply with the appropriate supplements.
2. In the case of offenders who are admittedly unable to pay, or have great difficulty in paying the above amounts, the Director of the Aliens Department may, on the basis of a duly substantiated application by the party concerned, reduce the fines to a minimum of 250 escudos, with the appropriate supplements.
Article 681.The application and the determination of the fines laid down herein shall be a matter for the Aliens Department but the frontier authorities may, in their areas of jurisdiction, apply the fine specified in paragraph 2 of Article 45.
2. When an offence is detected, the competent authority shall draw up a record thereof, which shall constitute authoritative proof unless evidence is produced to the contrary.
3. Once the record is drawn up and subsequently confirmed, the offender shall be notified so that he may pay voluntarily the fine within ten days.
4. Failing voluntary payment of a fine within the time limit specified by the law, the charges shall be submitted to the competent district court in accordance with the applicable provisions of criminal law.
VIII - FINAL PROVISIONS
Article 69A person who is unable to establish possession of Portuguese nationality shall be deemed an alien for purposes of the present decree.
Article 70Any navigation company or travel agent who carries to a Portuguese port or airport a passenger or crew member without proper documentation shall be responsible for all the expenses regarding them, and in particular those involved in their return.
Article 711.Aliens who acquire Portuguese nationality and who thereby lose their nationality of origin have a duty to inform the Aliens Department thereof.
2. A Portuguese national who acquires a foreign nationality and thereby loses Portuguese citizenship shall have the duty to inform the Aliens Department thereof.
3. The Central Registry authorities shall communicate to the Aliens Department any changes of nationality recorded by them.
4. The communications mentioned in paragraphs 1 and 2 hereof shall be made within a time-limit of thirty days of the change of nationality and the communication referred to in paragraph 3 within a time-limit of fifteen days of registration.