Author
Conditions for the entry and stay in the country are provided for in the Immigration Act. According to the law, in order to enter or stay in Portuguese territory, foreign nationals must:
- Be in possession of a valid travel document, with a validity that exceeds the duration of their stay, except in the case of legally stipulated exceptions;[1]
- When necessary, provide biometric data in order to create an individual file in the Entry and Exit System, carry out border controls, and carry out entry and stay controls;[2]
- Be subject to means of subsistence and accommodation, which may alternatively be replaced by a declaration of responsibility signed by a national or a legal resident;[3] and
- When necessary, prove the purpose and conditions of their stay.[4]
All foreign nationals who enter Portugal through a border that is not subject to control, coming from another EU member, are obliged to declare this fact to a police authority within three working days of the date of entry.[5] This is waived in the case of (1) residents or citizens authorised to stay in the country for more than six months, (2) staying in accommodation or hotel establishments, or (3) benefiting from an EU or similar scheme.[6]
PSP is the authority responsible for air border control and therefore for preliminary checks at these points. PSP conducts these preliminary checks systematically. GNR, as the authority responsible for controlling sea and land borders, will be responsible for preliminary checks at these points.
According to PSP, 10,792,093 persons were subject to preliminary checks upon arrival at an air border in 2024. There were 1,702 irregular arrivals across air borders. The most represented countries were Brazil, Angola, the United Kingdom, East Timor and the United States of America.
PSP states that preliminary checks consist of verifying travel documents, purpose and conditions of stay, means of subsistence, alerts in the SIS system, and security checks, as provided for by law. There is no mention of any vulnerability checks.
There is no time limit to complete the preliminary checks, which take place at the first line of border control in the transit zone, according to PSP. The foreign national waits for the check in front of the border guard.
While the preliminary check is taking place, the person is not authorised to cross the border and freedom of movement is restricted.
Once the preliminary checks have been completed, if the requirements for entry into national territory are not met, the foreign national is referred to the second line of border control in the transit zone, to be processed for refusal of entry. There is a fiction of non-entry.
By then, PSP must guarantee the right to an interview. The notification of the decision of refusal of entry must be made in a language that the person is likely to understand and must provide information on both the grounds for the refusal and the possibility of a judicial challenge.[7]
If it is not possible to return the foreign national within 48 hours of the refusal decision, the criminal court is informed so that placement in an administrative detention centre can be determined.[8]
During preliminary checks and/or procedures for refusal of entry, the foreign national may apply for asylum. Upon presentation of an asylum application, the person cannot be removed from national territory and any administrative and/or criminal procedure for irregular entry in national territory has to be suspended.[9] Moreover, the authorities cannot contact diplomatic representations for the purpose of identity check or any other reason.
The law provides for a special procedure regarding applications made at a national border[10] (See: Border procedure). Asylum applicants can be detained during the border procedure.[11]
[1] Article 9 Immigration Act.
[2] Article 9-A Immigration Act.
[3] Articles 11 and 12 Immigration Act.
[4] Article 13 Immigration Act.
[5] Article 14(1) Immigration Act.
[6] Articles 14(3) and 16 Immigration Act.
[7] Articles 38 and 39 Immigration Act.
[8] Article 38(4) Immigration Act.
[9] Articles 11 and 12 Asylum Act.
[10] Article 23(1) Asylum Act.
[11] Articles 26(1) and 35-A(3)(a) Asylum Act.