Key Benefits:
PROPOSED LAW NO. 68 /X
Exhibition of Motives
This Law regulates the exercise of the right of free movement and residence of citizens
of the European Union and of its relatives and transpose to the internal legal order to
Directive No 2004 /38/CE of the European Parliament and of the Council of April 29 of
2004.
The right of free movement and residence in the territory of the Member States of the Union
European is a fundamental and individual right inherent in the status of citizenship of the
Union, which is an essential status of nationals of the Member States.
So that this right can be exercised under objective conditions of freedom and having
into consideration the maintenance of the family unit of the citizen of the Union who exercises the
your right of free movement and residence is necessary for this to be equally
granted to his family members, including the person who with him lives in de facto union,
regardless of their nationality.
It is necessary to guarantee the citizens of the Union and their family members the right to
stay in the national territory for periods up to three months without subjection to any
other formality in addition to the possession of a valid identity card or passport. This
scheme shall be applicable without prejudice to the most favourable treatment of citizens of the Union
looking for jobs, as well as any possible restrictions to prevent people from
that they exercise their right of residence do not become an overburden for the system of
social security.
With a view to facilitating the individual right of the citizen of the Union to reside in territory
national for more than three months, a simple system of registration is established, passing
requiring a residence card only to those family members who have the nationality of State
third.
In the event of the death of the citizen of the Union, of divorce, of annulment of the marriage or of
termination of the de facto union is given legal protection to relatives, who, upon certain
conditions, will retain your right of residence.
Without prejudice to reasons of public order and public safety and save the applicable regime
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to subordinate or self-employed workers or people looking for employment,
holders of the right of residence will be able to be removed only if they become a burden
excessive for the social security system, and it may not be this removal a
automatic consequence of recourse to social security benefits.
Any citizen of the Union or his family member who resides in national territory by a
period of five years will acquire, without any additional condition, a right of
permanent residence, without prejudice to the most favourable scheme applicable to the
community workers.
Giving compliance to the Community principle of the prohibition of discrimination on grounds
of the nationality, equal treatment of the citizens of the Union and its
family members who reside in national territory. This scheme is applicable without any
restriction on holders of the right of permanent residence, establishing themselves in
compliance with EU law restrictions in the first three months of
residence or for longer period in the case of persons looking for employment, das
persons who do not benefit from the status of a subordinate or independent worker or
of your relatives, with regard to the granting of social security benefits and
scholarships.
Giving compliance with EU law in force at the seat of restrictions on exercise
of the right of free movement and residence for reasons of public order, of security
public or public health the present law sets out precise conditions for the
decisions to refuse entry or removal, as well as procedural guarantees. By
other side, the remoteness measures will be subordinated to the principle of
proportionality and will always take into consideration the degree of integration of the person
affected.
In accordance with the case-law of the Court of Justice, the citizens
community and their family members affected by an input interdiction measure will have
right to ask for its entry into national territory, at the latest after a period of
three years from the decision of entry interdiction.
In order to prevent the abusive exercise of the right of free movement or fraud is instituted
a counterordinational regime.
In fulfillment of the obligations assumed in the free movement of nationals
of the States Part of the European Economic Area and of the nationals of Switzerland will be applied
to these the legal regime of free movement and residence that beams for the citizens of the
Union and your family members.
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In the same way, and taking into consideration the principle of equal treatment, the
scheme now proposed, will also be applied to the relatives of national citizen,
regardless of their nationality.
It was heard from the National Association of Portuguese Municipalities.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
CHAPTER I
General provisions
Article 1.
Subject
1-A This Law transposes to the internal legal order the Directive No 2004 /38/CE, of the
European Parliament and of the Council of April 29, 2004 and establishes:
a) The conditions governing the exercise of the right of free movement and
residence on the national territory by the citizens of the Union and their family members;
b) The legal regime of the right of permanent residence in the national territory
of the citizens of the Union and their family members;
c) The restrictions on the rights to which the points are referred a) and b) , founded in
reasons for public order, public safety or public health.
2-A This Act also establishes the legal arrangements for entry, residence and
removal of nationals from the States Part of the European Economic Area and the
Switzerland and the members of your family, as well as family members of citizens
nationals, regardless of their nationality.
Article 2.
Definitions
For the purposes of this Law, it is understood by:
a) "Citizen of the Union", any person who has the nationality of a
General Staff;
b) "Member State", any Member State of the European Union, with
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exception of Portugal;
c) "Member State of host", Portugal, as a Member State for
where the citizen of the Union is located in order to here exercise his right to
free movement and residence.
d) "Third State" means any State which is not a member of the European Union.
e) "Familiar":
i) The spouse of a citizen of the Union;
ii) The partner with whom a citizen of the Union lives in de facto union,
constituted in the terms of the law or with whom the citizen of the Union
maintains a properly certified permanent relationship, by the
competent entity of the Member State where it resides;
iii) The direct descendant of less than 21 years of age or who is
the office of a citizen of the Union, as well as that of the spouse or of the
partner within the meaning of the previous sub-paragraph;
iv) The direct ascendant who is in charge of a citizen of the Union,
as well as that of the spouse or partner within the meaning of subparagraph ii) ;
f) "sufficient resources" means the resources of the citizen who are not inferior to the
income level short of which the Portuguese state can grant
rights and social supports to national citizens, attending to the personal situation
of the citizen and, where applicable, to that of his relatives.
Article 3.
Personal scope of application
1-A This Law applies to all citizens of the Union who loathe or reside
in Portugal, as well as to their relatives within the meaning of the point e) of the article
previous, who accompany them or that they meet.
2-Without prejudice to the personal right to the free movement and residence of the person concerned, it is
facilitated, under the general law, the entry and residence of any other family member,
regardless of your nationality, not covered by the point e) of the article
previous that, in the country of which I provence, is in charge of the citizen of the Union who has
right of residence to main title or that with this living in communion of
housing, or when the citizen of the Union has imperatively to take care of
personally from the member of your family for serious health reasons.
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3-A Decision on the entry and residence of persons covered by the number
previous one can only be taken after analysis of all personal circumstances
relevant, and any refusal of entry or concession is to be substantiated
of a residence permit.
4-The legal provisions that refer to the citizens of the Union shall be understood to
covering the nationals of the States Party to the Agreement on the Economic Area
European and the nationals of Switzerland.
5-The standards of this law applicable to relatives are extendable to family members of
citizens of Portuguese nationality, regardless of their nationality.
CHAPTER II
Exit and entry of the national territory
Article 4.
Entry into national territory
1-The citizens of the Union shall be admitted to entry into national territory by means of
simple presentation of a valid identity card or passport and without
any entry visa or equivalent formality.
2-The relatives of citizens of the Union who do not possess the nationality of a State
Member are admitted into national territory upon presentation of a
valid passport, only being subject to the entry visa requirement under the terms of the
standards in force in the European Union, however, benefiting from all facilities
for the obtaining of the necessary visas, which are granted free of charge and
with special tramping that ensures the speed in issue.
3-The relatives of the citizen of the Union who are nationals of third State and are
subject to the visa requirement of entry under the standards in force in the Union
European can, enter without a visa when possessor of residence card
valid, in which case it is not affixed stamp of entry in the passport.
4-If a citizen of the Union or a family member of his / her family does not dispose of the documents of
necessary travel or, if it is the case, of the necessary visas, benefit from the
possibility to obtain such documents or from these to be sent to them within a time
reasonable, as well as from the possibility of confirming or proving by other means to
quality of holders of the right of free movement and residence.
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5-The family member, who does not have the nationality of a Member State, shall communicate the
its presence in the national territory under the law, being the default of this
obligation punished under the law of entry, stay, exit and remoteness of
foreigners.
Article 5.
Exit from national territory
1-Without prejudice to the provisions in respect of travel documents applicable to the
control on national borders, they are entitled to leave national territory all the
citizens of the Union, munched from a valid identity card or passport, well
like your relatives, who are fitted with a valid passport, not being
required an exit visa or equivalent formality.
2-The passport must be valid at least for all Member States and for the
countries by which the holder should transit when travelling between Member States.
3-It is not bet stamp on the passport of a family member, if the same presents
the residence card.
CHAPTER III
Right of residence up to three months
Article 6.
Right of residence up to three months
1-Union citizens have the right to reside in national territory, per period until
three months, without other conditions and formalities in addition to the entitlement of a ticket
of valid identity or passport.
2-The provisions of the preceding paragraph shall also apply to relatives who, who are fitted
of a valid passport, accompany or meet the citizen of the Union.
CHAPTER IV
Right of residence for more than three months
Article 7.
Right of residence of citizens of the Union and of their relatives
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1-Any citizen of the Union shall have the right to reside in national territory by
period longer than three months, provided that it meets one of the following conditions:
a) Exercise in Portuguese territory a subordinate professional activity or
independent;
b) Possess sufficient resources for yourself and your relatives,
as well as health insurance, as long as this is required in the State
Member of his nationality to Portuguese citizens;
c) Be enrolled in an establishment of public or private education,
officially recognized, as long as it proves, upon declaration or
another means of proof to your choice, possession of financial resources
enough for yourself and your family members, as well as possesses
a health insurance, provided that this is required in the Member State of your
nationality to Portuguese citizens;
d) Be it family that accompanies or meets a citizen of the Union covered
by the previous points.
2-They also have the right to reside in national territory for a period of more than three
months, family members who do not have the nationality of a Member State which
accompany or meet a citizen of the Union who fulfils the conditions to which
refer to the points a), b) or c) of the previous number.
3-For the purposes of the point a) of paragraph 1, the citizen of the Union who has left to exercise
a professional activity maintains the status of a subordinate worker or
independent in the following cases:
a) When you have a temporary disability for the work, resulting from
illness or accident;
b) When you are in a situation of involuntary unemployment properly
registered and are registered with the Institute for Employment and Vocational Training
as a candidate for a job;
c) When you attend a vocational training, as long as there is a relationship
between the previous professional activity and the training in question, save if the
citizen is in a situation of involuntary unemployment.
Article 8.
Conservation of the right of residence of the relatives of the citizen of the Union
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1-A death or departure from the national territory of a citizen of the Union, as well as the
divorce, the annulment of the marriage or the cessation of the union de facto does not imply the
loss of the right of residence of relatives, regardless of their
nationality.
2-As long as they do not acquire the right of permanent residence, the relatives referred
in the preceding paragraph which have the nationality of a Member State shall
to fulfil the conditions laid down in the paragraphs a ), b) , c) or d) of Article 7 (1)
3-As long as they do not acquire the right of permanent residence, the relatives referred
in paragraph 1 that have the nationality of a third State retain their right to
residence since they meet one of the following conditions:
a) They exercise a subordinate or independent professional activity;
b) Have, for themselves and for their relatives, sufficient resources
and of health insurance;
c) Be family members of a person who fulfils the conditions referred to in the
points a) or b) , provided that the family has been constituted in territory
national.
4-A departure from the national territory of a citizen of the Union or his death not
imply the loss of the right of residence of their children who reside in Portugal and
are attending a course in educational establishment, as well as the person
that has its guard effective.
Article 9.
Conservation of the right of residence
1-The citizens of the Union and their relatives have the right of residence to which if
refer to Articles 7 and 8 as long as they fulfil the conditions laid down in them.
2-A The verification of the conditions set out in Articles 7 and 8 is only admissible in
specific cases, where there are reasonable doubts as to whether a citizen
of the Union or its relatives fulfil such conditions and as long as it is not done
in a systematic way.
3-The recourse to the Portuguese social security regime by a citizen of the
Union or of your relatives does not have as an automatic consequence the loss of the
right of residence.
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4-By way of derogation from the provisions of paragraph 1 and without prejudice to the provisions of Chapter VIII, in
case some may be taken a measure of removal against citizens of the Union
or their family members, in the following cases:
a) They are subordinate or independent workers;
b) Citizens of the Union have entered Portugal to seek employment and
proving that they continue to seek employment.
5-Do not constitute grounds for removal of national territory from the expiry of the ticket
of identity or passport on the basis of which the person concerned had input into the
territory and received a certificate of registration or residence card.
6-The provisions of articles 25 and 26 shall apply, with due adaptations, to any
decision to restrict the right of residence of the citizens of the Union and of its
family for reasons other than public order, public safety or
public health, and may not in the event of removal being imposed on the interdiction of
entry into national territory.
CHAPTER V
Right of permanent residence
Article 10.
Right of permanent residence of citizens of the Union and of their relatives
1-Have a permanent right of residence the citizens of the Union who have resided
legally, on national territory, for a period of five consecutive years.
2-Do the same right shall enjoy the relatives, nationals of third State, who have
legally resided with the citizen of the Union in Portugal for a period of five
consecutive years.
3-The right of permanent residence of the citizens of the Union and of their relatives not
is subject to the conditions set out in Chapter IV.
4-A The continuity of the residence is not affected by temporary absences other than
exceed six consecutive months per year, nor by longer absences to
fulfillment of military obligations, nor for an absence of twelve months
consecutive at most, for justified reasons such as pregnancy or childbirth, illness
serious, studies or vocational training, or posting on professional grounds
for another Member State or third country.
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5-The citizen of the Union or his / her family member only loses the right of permanent residence
acquired due to absence of national territory for a period exceeding two
consecutive years.
6-A continuity of residence can be attested by any means of proof
admissible.
7-A The continuity of the residence is interrupted by any valid decision of
removal of the person in question that is executed.
Article 11.
Derogation for employees who have ceased their activity in
Portugal
1-By way of derogation from the previous article, they benefit from the right of permanent residence
in national territory, before decorating five consecutive years of residence:
a) The subordinate or independent employees who, on the date on which
have ceased their activity, have reached the age provided for by the law to have
right to an old-age pension or the subordinate workers who
have ceased their activity on the grounds of early retirement, since
who have worked in Portugal at least for the last twelve months and
here have resided continuously for more than three years;
b) The subordinate or self-employed workers who have resided
continuously in Portugal for more than two years and cease to
activity on the grounds of permanent disability for the work;
c) The subordinate or self-employed workers who, after three years
consecutive activity and residence in Portugal, exercise your
activity, subordinate or independent, in the territory of another State-
Member, holding his residence in Portuguese territory to which
regress, usually, every day or at least once a week.
2-For the purpose of the acquisition of the rights set out in points a) and b) of the number
previous, the periods of activity in territory of the Member State in which the
citizen in question works are considered to remain in Portugal.
3-The periods of unemployment duly registered by the Employment Institute and
Vocational Training, the periods of suspension of activity on an alhedral grounds
at the will of the person concerned and the absence to work or the cessation of work by
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cause of illness or accident are considered periods of employment.
4-The conditions of duration of residence and activity set out in paragraph 4 a) from the
n. 1 and the condition of duration of residence provided for in paragraph 1 b) of paragraph 1 are not
applicable if the spouse or partner, within the meaning of subparagraph ii) of the paragraph e) from the
article 2, of the subordinate or independent worker is a national citizen or has
lost Portuguese nationality in the wake of the marriage.
5-For the purposes of the provisions of the a) of paragraph 1, if the citizen has exercised a
non-salaried activity for which it is not recognised, under the law,
the right to an old-age pension, the age requirement is considered filled
when the person concerned reaches the age of 60.
6-For the purposes of the provisions of the b) of paragraph 1, if the failure to result from accident
of work or of occupational disease that gives right to a full benefit or
partially in charge of a national institution, is waived the requirement of the
period of residence.
Article 12.
Derogation for relatives of employees who have ceased business in
Portugal
1-Without prejudice to the provisions of paragraph 2, the relatives of a subordinate worker or
independent that with it resided in the Portuguese territory have, independently
of your nationality, right of permanent residence on national territory, if the
own employee has acquired the right of permanent residence in Portugal,
in the terms of the previous article.
2-In the event of the death of the subordinate or independent worker, still during his
work life, but before you have acquired the right of permanent residence in
Portugal, in the terms of the previous article, the relatives who with it reside in the
Portuguese territory have a permanent right of residence, as long as they meet a
of the following conditions:
a) The subordinate or independent worker, at the date of his or her demise, has
resided in Portuguese territory for two consecutive years;
b) His death has been caused by accident of work or illness
professional;
c) The surviving spouse has lost Portuguese nationality in the sequence
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of the marriage with that worker.
Article 13.
Acquisition of the right of permanent residence by national family members of States
third parties
Without prejudice to the provisions of Article 12, the relatives of a citizen of the Union, in the
conditions laid down in Article 8 (3) acquire the right of permanent residence
after having resided legally for a period of five consecutive years in territory
Portuguese.
CHAPTER VI
Administrative formalities
SECTION I
Right of residence for more than three months
Article 14.
Registration of citizens of the Union
1-The citizens of the Union whose stay in national territory extends by period
greater than three months must carry out the registration that formalizes your right to
residence within 30 days, after decorations three months of the entrance into territory
national.
2-The record referred to in the preceding paragraph shall be made with the City Hall
of the area of residence.
3-In the act of registration is issued a certificate of registration, of model to be approved by
would pore from the member of the Government responsible for the area of the Internal Administration,
with the name and address of the holder of the right of residence and date of registration.
4-The certificate of registration referred to in the preceding paragraph shall be valid for five years to
counting from the date of its issuance, or for the envisaged period of residence of the citizen
of the Union, if this period is less than five years.
5-For the issuance of the Certificate of Registration of the Union citizen is required
valid identity or passport, as well as the statement, under commitment to
honour, of which the applicant fulfils the conditions referred to in points a ), b ), or c )
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of Article 7 (1), as the case may be.
6-For the issuance of the certificate of registration to the citizen of the Union residing in the
quality of family is required the submission of the following documents:
a) A valid identity card or passport;
b) A document proving the family relationship or the quality of
partner within the meaning of sub-paragraph ii) of the paragraph e) of Article 2, if those
not result;
c) A certificate of registration of the citizen of the Union accompanying or to which
meet;
d) Documentary evidence that they are in office for the purposes of the provisions of the
subpoints iii) and iv ) of the paragraph and ) of Article 2;
e) In the cases provided for in Article 3 (2), a document issued by the
competent authority of the country of origin or provenance, certifying
who are in charge of the citizen of the Union or who with him live in communion
of housing, or proof of the existence of serious health grounds that
require imperatively for personal assistance by the citizen of the Union.
Article 15.
Family residence card of a citizen of the national Union of State
third
1-The family members of the citizen of the Union, nationals of third State, whose stay in
national territory prolongs for period longer than three months must apply for
issuance of a residence card, according to model approved by portaria of the
member of the Government responsible for the area of the Internal Administration.
2-The application of the residence card to which the previous number is referred is carried out together
of the Directorate or Regional Delegation of the Foreign and Border Service of the area
of the residence, within 30 days, after decorations three months of the entry into
national territory.
3-At the time of the submission of the application is issued a certificate stating the
application for a residence card.
4-For the issuance of the residence card, the presentation of the following is required
documents:
a) Valid passport;
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b) Document proving the family relationship with the citizen of the Union or of the
quality of partner within the meaning of sub-paragraph ii) of the paragraph e) of Article 2;
c) Certificate of registration of the citizen of the Union accompanying or to which if
meet;
d) In the cases provided for in subparagraphs iii) and iv) of the paragraph e) of Article 2, evidence
documentary that they are in charge of the citizen of the Union;
e) In the case provided for in Article 3 (2), a document issued by the
competent authority of the country of origin or provenance, certifying
who are in charge of the citizen of the Union or who with him live in communion
of housing, or proof of the existence of serious health grounds that
require imperatively the personal assistance of the family by the citizen of the
Union.
5-The residence card referred to in the preceding paragraph shall be issued within the maximum period
of three months from the submission of the application.
6-The residence card referred to in paragraph 1 shall be valid for five years from the date
of its issuance, or for the envisaged period of residence of the citizen of the Union, if
this period is less than five years.
7-The right of residence of relatives shall not be affected by temporary absences which
do not exceed six consecutive months per year, for longer absences to
fulfillment of military obligations, for an absence of twelve consecutive months
at most, for important reasons such as pregnancy or childbirth, serious illness,
studies or vocational training, or posting on professional grounds for
another Member State or third country.
SECTION II
Right of permanent residence
Article 16.
Certificate of permanent residence of citizen of the Union
1-The Office of Foreign Affairs and Borders issues the citizens of the Union entitled to
permanent residence, at the request of these, a document, template to be approved by
would pore from the member of the Government responsible for the area of the Internal Administration,
which certiates the permanent residence.
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2-The certificate of permanent residence referred to in the preceding paragraph shall be issued by the
Foreign and Border Service within a maximum of fifteen days, depending on,
exclusively, from the verification of the duration of the residence.
Article 17.
Permanent residence card for family members of the national Union citizen
of third State
1-To the relatives of the citizen of the Union, nationals of third State, who have
right of permanent residence is issued a permanent residence card, from
model to be approved by portaria of the member of the Government responsible for the area of
Internal Administration.
2-The permanent residence card provided for in the preceding paragraph is issued by the
Foreign and Border Service within a maximum of three months from the
presentation of the application.
3-The application for permanent residence card must be submitted before lapse
the residence card referred to in Article 15 para.
4-Residence breaks that do not exceed 30 consecutive months do not affect
the right of permanent residence.
5-For the issuance of the permanent residence card is sufficient the presentation of the
family residence card of citizen of the Union.
CHAPTER VII
Common provisions to the right of residence and to the right of permanent residence
Article 18.
Territorial scope of the right of residence
The right of permanence, the right of residence and the right of permanent residence
cover the whole of the national territory.
Article 19.
Related rights of the relatives of a citizen of the Union
The relatives of a Union citizen who shall enjoy the right of residence or right of
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permanent residence on national territory have, regardless of their
nationality, the right to engage in subordinate or independent professional activity.
Article 20.
Equal treatment
1-Union citizens who reside in national territory benefit from equality
of treatment in relation to national citizens, without prejudice to restrictions
permissible by Community law.
2-The relatives of the citizen of the Union who have a nationality of a third State
benefit from the provisions of the preceding paragraph.
3-By way of derogation from the provisions of paragraphs 1 and 2, it shall not be granted to the citizen of the Union or
to your relatives the right to benefits of the solidarity subsystem during the
first three months of residence, or for a longer period if the citizen
of the Union entered into national territory to seek employment under the terms of the
provisions of the paragraph b) of Article 9 (4)
4-Before you have acquired the right of permanent residence, no scholarships are granted
study or any kind of social support for the achievement of studies or training
professional.
5-The provisions of the preceding paragraph shall not apply to the citizens of the Union who are
subordinate or independent workers, or who have retained this
status, nor to their relatives.
Article 21.
General provisions relating to residence documents
The possession of the certificate of registration referred to in Article 15 of the certificate of
permanent residence, from a certificate that attests that a card has been applied for
family residence, from a residence card or a residence card
permanent, is not, in any case, a prerequisite for the exercise of a right
or the fulfillment of an administrative formality, and the quality of
beneficiary of the rights of resident under the Community scheme to be attested by
any other means of proof.
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CHAPTER VIII
Restrictions on the right of entry and the right of residence for reasons of order
public, public safety or public health
Article 22.
General principles
1-The right of free movement and residence of the citizens of the Union and of its
family, regardless of nationality, can only be restricted for reasons
of public order, public safety or public health, in the terms of the provisions of
in this chapter.
2-The reasons for public order, public safety and public health cannot be
invoked for economic purposes.
3-The measures taken for reasons of public order or public safety shall
be in accordance with the principle of proportionality and be based exclusively on the
behavior of the person in question, to which it must constitute a real threat,
current and sufficiently serious that it affects a fundamental interest of society,
it may not be used any justifications not related to the individual case or
based on general prevention grounds.
4-A The existence of previous criminal convictions cannot by itself serve as a
grounds for the measures referred to in the preceding paragraph.
5-A The purpose of determining whether the person concerned constitutes a danger to the public order
or for public safety by issuing the certificate of registration or by issuing the card
of residence, may, where it is deemed indispensable, be requested to
Member State of origin and, possibly, other Member States,
information about the criminal background of the person in question.
6-A The consultation referred to in the preceding paragraph shall not be allowed to assume regular character.
7-Where national authorities are requested to provide the information to
which refers to the previous number, these are premised within one month.
8-Are admitted into national territory, without any formalities, the holders of
identity card or national passport that are detached from the territory of
another Member State for reasons of public order, public safety or
public health, even if that document is lapsed or the nationality of the
holder is contested.
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Article 23.
Protection against removal
1-Before adopting a decision to remove from the territory for reasons of order
public or public safety, is taken into account, in particular, the
duration of the residence of the citizen in question on national territory, his or her age, the
your state of health, your family and economic situation, your social integration and
cultural in the country and the importance of ties with their country of origin.
2-The citizens of the Union and their relatives, regardless of nationality,
who have a permanent right of residence cannot be removed from territory
portuguese, except for serious reasons of public order or public safety.
3-Except for imperative reasons of public safety, it cannot be decided the
removal of citizens from the Union if they have resided in Portugal during the
10 years precedent or are smaller.
4-The provisions of the preceding paragraph shall not apply if the remoteness respects the minor and
it is decided in the supreme interest of the child, as provided for in the Convention of the
United Nations on the Rights of the Child, November 20, 1989.
Article 24.
Public health
1-The only diseases likely to justify restrictive measures of the right of free
circulation are, exclusively, diseases with epidemic potential defined by the
relevant instruments of the World Health Organization, as well as others
contagious, infectious or parasitic diseases that are subjected to provisions
of protection applicable to national citizens.
2-A occurrence of diseases three months after the date of entry into the territory no
constitutes justification for the remoteness of the territory.
3-If serious evidence is warranted, it may be required, within three months of the
of the date of entry into national territory, which holders of the right of residence if
submit the free medical examination, including supplementary examinations of
diagnosis, to make sure that they do not suffer from the diseases mentioned in paragraph 1.
4-The medical examinations referred to in the preceding paragraph shall not take on the character of
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routine.
Article 25.
Notification of decisions
1-Any decision referred to in Article 22 (1) shall be notified in writing
to the person concerned in a way that allows him to understand the content and the
respective effects on your personal sphere.
2-A The person concerned is informed, in a clear and complete manner, of the reasons for order
public, public safety or public health on which the decision is based, the
unless this is contrary to the security interests of the state.
3-A notification shall specify the court or administrative authority before which
the person may challenge the decision, the time limit of which it has for the purpose and, if it is
of this, the deadline granted to abandon the national territory.
4-Unless duly justified urgency, the deadline for abandoning the
territory may not be less than one month, from the date of notification.
Article 26.
Impugation
1-Of the decisions taken under this chapter shall be hierarchical appeal and
judicial challenge.
2-If the challenge of the removal decision is accompanied by an application for
provisional measure to suspend the execution of the decision, the remoteness of the territory
cannot be realized until the decision on the measure is taken
provisional.
3-The provisions of the preceding paragraph shall not apply when:
a) The removal decision is based on a previous judicial decision; or
b) The people in question have previously judicially challenged the
removal; or
c) The removal decision is based on imperative safety reasons
public under Article 23 (3)
4-A The challenge shall allow the examination of the lawfulness of the decision, the facts and the
circumstances that substantiate it, as well as certify that the decision is not
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disproportioned, in particular with respect to the conditions set out in the article
29.
5-The right of personal presentation of the defence shall be guaranteed, unless the presence of the
citizen concerned is likely to cause serious disturbance of public order
or public safety or when the imputation relates to the refusal of entry
in the territory.
Article 27.
Duration of the interdiction of entry into national territory
1-A person on whom he has fallen measure of interdiction of entry into the national territory,
for reasons of public order or public safety, may submit an application for
lifting of the interdiction of entry into the territory after a reasonable time, in
function of the circumstances, and, in all cases, three years after the execution of the
definitive decision to ban that has been legally taken.
2-For the purposes of the provisions of the preceding paragraph, the person concerned shall invoke means
likely to prove that there was a material change in the circumstances that
had justified the interdiction of entry into the territory.
3-A The decision on the application formulated in the terms of the preceding paragraphs shall be
taken within six months of its submission.
4-The persons referred to in paragraph 1 do not have a right of entry into the Portuguese territory
during the period of appreciation of your request.
Article 28.
Remoteness to title of ancillary sanction
1-It can only be decided the removal of the territory by the title of ancillary sanction of a
deprivative sentence of freedom, in accordance with the conditions laid down in the
articles 22, 23 and 24.
2-Decorrides more than two years from the date of the removal decision to which if
refers to the previous number, the same can only be performed after checking if the
person concerned remains a current and real threat to the public order or the
public safety, and to assess whether there was a material change of the circumstances
from the time it was taken to the removal decision.
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CHAPTER XIX
Fees
Article 29.
Fees and charges
1-For the issuance of the certificate of registration referred to in Article 14 of the certificate of
permanent residence, from a certificate that attests that a card has been applied for
family residence, from a residence card or a residence card
permanent, as well as by the procedures and too many documents provided in the
present law are due fees to be fixed by porterie of the member of the Government
responsible for the area of the Interna Administration.
2-The product of the fee for the issuance of the certificate of registration referred to in Article 14.
revert, whenever carried out with the City Hall:
a) 50% for the Municipality;
b) 50% for the Office of Foreign and Border.
3-The proceeds of the remaining fees revert to the Foreign and Border Service.
4-The charges and fees for the issuance of the documents referred to in paragraph 1 shall not
be superior to those who are required of national citizens in respect of
issuance of the identity card.
CHAPTER X
Counter-ordering
Article 30.
Counter-ordering
1-The failure to comply with any of the obligations laid down in Article 14 (1), para.
1 of Article 15 and in Article 17 (3) constitutes counterordinance punished with
coima from 400 a to € 1500.
2-A effectivation of the record referred to in Article 14 or its maintenance without which
are verified the conditions laid down in Article 7 and 8 constitute against-
ordering punishable with fine of € 500 a € 2500.
3-A negligence is punishable.
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4-In the event of negligence the minimum and maximum limits of the fines provided for in the n.
1 and 2 are reduced to half.
5-A The application of the fines provided for in this Article shall be the competence of the Director-
General of the Foreign and Border Office that can delegate it, under the law.
6-The product of the fines reverses in 60% to the State and in 40% to the Service of
Foreigners and Borders.
CHAPTER XI
Final and transitional provisions
Article 31.
Abuse of law
1-In the event of abuse of law, fraud or marriage or simulated union or of
convenience, are refused and withdrawn the rights of residence and social supports
conferred under this Law.
2-The provisions of Articles 25 and 26 shall apply to any decision taken in the terms
of the previous number.
Article 32.
Subsidiary law
In everything that is not regulated in this Law shall observe the provisions of the law
general that is compatible with the provisions of Community law.
Article 33.
Transient standard
The residence permits issued under the Decree-Law No. 60/93 of March 3,
they remain valid, and may be replaced by the certificate of registration or by the card
of residence, depending on the cases, at the request of the respective holders.
Article 34.
Abrogation standard
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The Decree-Law No. 60/93 of March 3 is repealed.
Seen and approved in Council of Ministers of April 27, 2006
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs