Travel Rights: Refugees Leaving Portugal, Explained

Refugees in Portugal are not allowed to travel out of the country during their asylum procedure. This is one of the rights and obligations that a refugee must adhere to as an asylum seeker in Portugal.

Can refugees travel out of Portugal during their asylum procedure?

As an asylum seeker in Portugal, you are not allowed to travel to another country during your asylum procedure. This means that you must remain in the country until a final decision is made on your application.

As an asylum seeker, you are entitled to basic assistance if you do not have sufficient financial means. This includes accommodation, food, legal, medical and psychosocial assistance. You also have the right to receive free legal assistance throughout the asylum procedure.

Portugal has been praised for its welcoming attitude towards refugees, even after the onset of the "refugee crisis" in 2015. The country has announced several ambitious resettlement schemes and has actively sought to encourage refugee resettlement on its territory.

However, Portugal's detention policies have been the subject of repeated criticism. Asylum seekers lodging applications at ports of entry are systematically detained, and there are no regulations stipulating conditions of detention. There have also been reports of an increase in the number of children being placed in detention.

It is important to note that you can only apply for international protection in Portugal if you are physically present in the country. Applications cannot be made from abroad.

What are the rights of refugees in Portugal?

Portugal has been welcoming to refugees, even after the 2015 "refugee crisis", and has announced several ambitious resettlement schemes. Refugees in Portugal have the right to:

• Receive information about their asylum application, as well as their rights and obligations in a language they can understand.
• Receive interpretation services in a language they understand.
• Receive legal counselling throughout the entire asylum procedure, including free legal aid by a state-funded lawyer if they cannot afford a private lawyer.
• Have any criminal proceedings for irregular entry suspended until their asylum procedure is concluded.
• Receive basic assistance, including accommodation, food, legal, medical and psychosocial assistance if they do not have sufficient financial means.
• Work as soon as they register their asylum application.
• Stay in Portugal until a final decision is made on their application.
• Move freely within the country.
• Receive a Residence Permit that is valid for 5 years, which may be renewed for equal periods of time.
• Receive a Travel Document and go abroad, based on the laws of the country they are travelling to.
• Be reunited with their family members who are in their country of origin or in another third country.
• Access education for children between the ages of 6 and 18, which is free and includes education-related allowances in specific cases.
• Access social welfare, including financial allowances if they are in serious economic need and at risk of social exclusion, as well as unemployment benefits, child benefits and family allowances, under the same conditions as Portuguese citizens.
• Apply for Portuguese Nationality after 5 years of legally residing in Portugal.

However, refugees must also respect Portuguese laws, and those who commit crimes will be prosecuted and may face detention or even have their refugee status revoked.

What are the requirements to apply for refugee status in Portugal?

To apply for refugee status in Portugal, you must be physically present in Portugal and cannot apply from abroad. There are two types of status granted in Portugal to persons in need of international protection: refugee status and subsidiary protection status.

Refugee Status

Refugee status is granted to individuals who fear returning to their country of origin or habitual residence because they are at risk of persecution due to their race, religion, nationality, political opinion, or membership of a particular social group.

Subsidiary Protection Status

Subsidiary protection is granted to those who do not qualify for refugee status but cannot return to their country of origin or habitual residence due to situations of massive human rights violations, conflict, death penalty, torture, or inhuman treatment.

Application Process

The application for international protection can be made in person or in writing, in your own language, with the help of an interpreter. The Agency for Integration, Migration and Asylum (AIMA) is the public entity responsible for deciding on asylum applications. The application can be filed at AIMA's office in Lisbon or with any police authority, including the Public Security Police (PSP), National Republican Guard (GNR), and Maritime Police (PM).

During the application process, you will be required to provide fingerprints and photographs of yourself and your family members. You will also need to fill out a preliminary form with information on identification, itinerary, grounds for the asylum application, supporting evidence, and witnesses.

It is important to note that there is no specified time limit for lodging an asylum application. However, failing to apply for asylum as soon as possible without a valid reason may result in the use of an accelerated procedure.

Rights and Benefits

If your application for asylum is registered, AIMA will issue a declaration allowing you to remain and work in Portugal legally while your application is being processed. You will be entitled to free interpretation and translation services provided by the Portuguese government. Additionally, Portugal offers various resettlement options, including employment, family reunification, and access to healthcare and education.

How many refugees has Portugal welcomed?

Portugal has welcomed refugees and migrants with open arms, even after the onset of the "refugee crisis" in 2015. In 2019, the country received 888,200 migrants, a nearly 39% increase in immigration flows. The majority of these migrants were from Brazil, Cape Verde, the United Kingdom, Romania, Ukraine, China, Italy, and France. Refugees, on the other hand, came predominantly from Sub-Saharan countries, with Angola, Gambia, Guinea-Bissau, Guinea, and Venezuela among the top countries of origin.

Portugal has also been proactive in its efforts to resettle refugees. In 2018, the country pledged to accept 10,000 refugees, three times its EC quota. It signed agreements with Greece and Turkey/Egypt to relocate 1,000 and 1,100 refugees, respectively, and entered talks with Germany to relocate thousands more. Portugal has also offered refuge to migrants and asylum seekers stranded at sea, even as other Mediterranean countries refused to allow them to land.

While Portugal has not received the number of refugees it sought to attract, its commitment to refugee resettlement and integration is evident. The country has implemented policies to facilitate labour integration and provide access to social security and healthcare for refugees and migrants. For instance, the government created a pathway for the regularization of undocumented migrants with jobs and those who had been contributing to social security for at least a year. It also grants citizenship to all migrants and asylum seekers with residency applications in progress, ensuring their access to essential services during the COVID-19 pandemic and beyond.

In terms of quantitative data, Portugal received 1,849 asylum applications in 2019, a 45.3% increase over the previous year. Of these, 195 persons (20.7%) were granted refugee status, and 113 received subsidiary protection (12%). The country received 2,530 asylum applications in 2023, according to UNHCR, with most applicants coming from Gambia, Afghanistan, and Colombia. The same year, 288 decisions were made on initial applications, with a 100% acceptance rate.

While Portugal has shown a strong commitment to welcoming and supporting refugees, it is important to note that the country has also faced challenges, including high application rejection rates and overcrowded reception facilities.

What is the political climate in Portugal towards refugees?

Portugal has a history of pragmatic migration policies and exceptionally positive political narratives around migration. This reflects a long-standing agreement among mainstream parties not to politicise immigration, largely based on a recognition of migrants' key role in filling labour gaps, especially in the context of an ageing and shrinking population.

Portugal has welcomed the arrival of refugees—even after the onset of the "refugee crisis" in 2015—and has announced several ambitious resettlement schemes. Prime Minister Antonio Costa declared to applause at a party conference in May 2018, "We need more immigration and we won't tolerate any xenophobic rhetoric." Portugal has actively sought to encourage refugee resettlement on its territory. While many other EU states like Hungary, Slovakia, and Slovenia have notoriously sought to close their borders and limit refugee quotas, Portugal has bucked the trend.

The proportion of international protection requests that result in the granting of refugee status reached 60% in 2021 in Portugal, above the European average (39%). In the last three years, Portugal has slowly increased the granting of refugee status: from 8 refugee statutes granted per 100 pronounced decisions in 2019, to 18 out of 100 in 2020 and 45 out of 100 in 2021.

However, Portugal's detention policies have been the subject of repeated criticism. Asylum seekers lodging applications at ports of entry are systematically detained; children can be placed in detention facilities, and there are no regulations stipulating conditions of detention.

The rise of the far-right party Chega is a major concern. So far, immigration has not been a key focus, but there is evidence of broader xenophobia in Chega’s rhetoric, and anti-migrant discrimination has increased since its emergence. Reinforced support for the country’s pro-migrant approach is needed if Portugal is to achieve the government’s vision of an open, inclusive society that maximises the social and economic benefits of immigration.

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