How to apply for asylum in Portugal?

Conditions for requesting protection in Portugal

In principle, please note that the Foreigners and Borders Service (SEF) is the authority designated by the Portuguese government to control immigrants at the borders of the territory. They work to prevent crime linked to illegal access to the country and human trafficking. In addition, it is the entity in charge of carrying out investigations of asylum application processes, safeguarding the safety and rights of foreigners.

It should be noted that, there are different procedures that the SEF can apply depending on the circumstances of each case, such as: place of request, declaration, well-founded evidence and travel route. The options are:

• Ordinary
• Dublin Regulation
• Border
• Expedited or emergency

Procedure for processing an asylum request in Portugal

If you are in Portugal and you are an illegal immigrant or you have just arrived, you must present your request for international protection to the SEF or to the police as soon as possible, either orally or in writing. By doing so at a police station near your location or at the border, the officers will have 48 hours to inform the foreigners service about the request; during this time you will be detained to validate your identity documents and evidence of your fear of returning to your country of origin.

Step 1. Registration of the request

Once the SEF has been informed of your intention to apply for asylum, you have three working days to register your application. After that, you will be given a certificate that accredits you as a candidate for protection. In addition, the agency will notify you through a document, written in your native language, of your duties and rights in the territory.

The SEF is also obliged to inform the United Nations High Commissioner for Refugees (UNHCR) and the Portuguese Council for Refugees (CPR) of your request. This will facilitate access to the benefits provided by such institutions.

Step 2. Interview

During the interview, the SEF will determine whether or not you are admissible to Portuguese territory. In this regard, it is essential that you state in an honest, detailed and chronological manner all the facts that forced you to emigrate from your home country if it is also a case of political asylum or not. In addition, you should describe the travel route you took.

At the end of the interview, the assigned officer will give you a written document, where the dialogue of the meeting will have been recorded. This document must be signed by you and the authorities present. You have five days to request correction of any errors in the wording.

On that day the SEF may decide that you apply for the Dublin procedure and order you to be sent to a third country of the European Union. This happens if you have passed through another treaty nation before arriving in Portugal, have family in one of the treaty nations or permits to stay. For more information, please consult here.

Step 3. Admissibility procedure

If you are ruled out of the Dublin procedure, then the SEF will have to define whether or not you are admissible. The deadlines for this task are:

• 30 days if you made the application at any SEF office, located in the interior of the country.
• 7 days if you went to a border police station when you arrived in Portugal.

There is a possibility that your asylum application may be rejected as inadmissible; in that case, you will have eight days to appeal the decision before the Administrative Court. However, if you are satisfied with the SEF’s response, then you will have 20 days to leave the country voluntarily.

Asylum Application Eligibility

Once the SEF decides that your application is admissible, you will go to a eligibility stage; in which, it will be determined if you will be considered or not, to apply the refugee status. As mentioned above, there are three types of procedures that you can be assigned to, let’s see each case:

Ordinary procedure

The deadline for the SEF to decide whether your asylum application is approved or rejected is six months, with an option for a maximum extension of nine months, depending on the complexity of the case. During the evaluation period, you will be issued a temporary residence permit for six months, which can be renewed until you receive a response. With it you will have access to education, employment, and social assistance services.

Remember that the SEF will base its decision on the information you provided. If your application is denied, you may file an appeal with the Administrative Tribunal within 15 days. If you do not wish to request a second review of the case, you will be free to leave Portugal within 30 days; otherwise, you will be searched and forced to leave the country.

Expedited procedure

Applies primarily when the SEF has determined that your request lacks merit. Generally, these are petitions that could have been dismissed at step #3 for inadmissibility, but the decision is made when a more thorough investigation of the evidence provided by the applicant is conducted.

In these cases, there is usually a pretense of deceit for the State; therefore, the decision is usually accompanied by an immediate expulsion from the territory. Therefore, it is essential that you only file an application for international protection when you have actually suffered persecution, threats, violence, discrimination or inhumane harm in your country of origin.

border procedure

Corresponds to procedures whose registration is initiated at one of Portugal’s borders. It is a procedure that complies with the basic principles and ordinary guarantees. Its waiting periods are shorter (up to four months), and it clearly establishes that you only have four days to request corrections to the office of the personal interview.

The establishment of shorter deadlines is due to the fact that, the law stipulates that border applicants have to be detained until the SEF makes a final decision. However, as of 2021, the government authorized the entry and stay of such petitioners on Portuguese soil; but, maintaining the haste on the part of the agency in charge.

host system

Regardless of the procedure that has been applied, asylum applicants have right to receive help from the first day they apply for international protection; which can revoke or reaffirm the SEF. who enjoy the biggest advantage in obtaining benefits, are the people who cannot cover their basic expenses while your case is resolved; therefore, they can be attached to the host system.

To date, the Social Security Institute (ISS) has granted an amount of €211.79 per month as a pension. It’s about a very rigorous systemwhich determines which are the economically more vulnerable cases to award this amount. The amount is subject to evaluation every three months. Other benefits are:

accommodation

Portugal offers, through the current reception system, accommodations in the refugee reception center (CAR). There it is possible to find quite comfortable apartments and rooms. They also have a special environment for unaccompanied children, called refugee children reception center (CACR).

job

Asylum seekers are entitled to access the labor market, once the provisional residence permit has been issued. They can also benefit from support programs for the unemployed and people undergoing vocational training. In fact, working conditions will be the same as those enjoyed by Portuguese citizens, both in terms of wages and working hours.

In general, Portugal provides optimal conditions for asylum seekers; without restricting fundamental rights, such as housing, health, education, employment and social assistance. In addition, it is constantly working to respond promptly.

In summary, if you have had to flee your country and are afraid to return, then Portugal is the best option on the European continent. The waiting times are short and the benefits are great, so that from day one you can enjoy a decent life.