Author
An amendment to the Asylum Act enacted in 2022, determines that asylum applicants have the right to work from the moment of the application for international protection.[1] Furthermore, asylum applicants are entitled to benefit from support measures and programmes in the area of employment and vocational training under specific conditions to be determined by the competent Ministries.[2]
There are no limitations attached to the right of asylum applicants to employment such as labour market tests or prioritisation of nationals and legally resident third country nationals. The issuance and renewal of declarations of asylum applications and provisional residence permits by AIMA, which clearly state the right to employment,[3] are free of charge.[4] The only restriction on employment enshrined in the law consists in limiting access to certain categories of the public sector for all third-country nationals.[5]
Asylum applicants benefit from the same conditions of employment as nationals, including regarding salaries and working hours.[6] The law provides, however, for specific formalities in the case of employment contracts of third-country nationals such as the need for a written contract and its (online) registration with the Authority for Labour Conditions (Autoridade para as Condições do Trabalho, ACT).[7]
With the exception of the submission of beneficiaries of international protection to the same conditions applicable to Portuguese nationals,[8] there are no specific rules regarding the recognition of diplomas and academic qualifications in the Asylum Act. The general rules for the recognition of foreign qualifications at primary, lower, and upper secondary levels include conditions that are particularly challenging for asylum applicants and beneficiaries of international protection (see Access to Education).
There are no statistics available on the number of asylum applicants in employment at the end of 2024.
Asylum applicants can register as ‘job applicants’ with IEFP. As such they are able to search for jobs and benefit from vocational training and assistance. Such registration is usually smooth in practice, but throughout 2023 CPR observed some instances where the services were not aware of the documents issued by the asylum authorities to asylum applicants. These instances were solved after intervention by the organisation. It was not possible to obtain data on the number of asylum applicants registered with IEFP to that effect.
In CPR’s experience, asylum applicants and beneficiaries of international protection face many challenges in securing employment, such as:
- Poor language skills and communication difficulties;
- Professional skills that are misaligned with the needs of employers;
- Difficulties in obtaining recognition of diplomas (particularly relevant for regulated professions);
- Lack of or difficulties in obtaining a social security identification number (Número de Identificação da Segurança Social, NISS) or fiscal identification (Número de Indentificação Fiscal, NIF);
- Difficulties in opening bank accounts, in particular due to the requirement to present documents such as a residence permit;
- Reluctance by employers to hire asylum applicants (namely due to lack of knowledge regarding their legal status and/or limited validity of documents issued during the asylum procedure);
- Lack of support network;
- Limited knowledge about the labour market and cultural norms;
- Difficulties in accessing certified training due to lack of proof of prior qualifications;
- Difficulties in exchanging a foreign driving licence for a national one.
Such challenges have also been reported by SCML.[9] According to SCML, the precarious nature of most employment opportunities results in alternating periods of labour integration and non-integration, and applicants may be more vulnerable to exploitation.
In recent years, CPR has noted difficulties in the issuing of fiscal numbers, despite the fact that the Fiscal authority drafted clear guidance as to the fact that the declaration of the asylum application suffices for this to be done.[10] In 2024, these obstacles seem to have been overcome, with only the challenges to accessing services (also experienced by nationals) remaining, notably access to tailored-support in the case of people with vulnerabilities or disabilities as it is conditional and time-consuming.
Nevertheless, challenges persist regarding registration with the Social Security, despite efforts from the authorities to simplify and digitalise processes through an online platform. Often the application is submitted online with all the required documentation and is rejected on improper grounds.[11] According to CPR’s observation, this may be related to inconsistent criteria used between officials in the analysis.
A study focusing on the situation of unaccompanied asylum-seeking children and ageing out in Portugal published in 2021 revealed that, out of those consulted, 34.3% were working, mostly in civil construction. Only 65.2% of those questioned deemed the salaries as fair compensation for the work performed.[12] The analysis conducted concluded that the participants are mostly engaged in unspecialised and likely precarious jobs.[13]
In 2024, within the context of CPR’s integration-related support, asylum applicants were able to find jobs in areas such as cleaning, costumer services, civil construction, logistics, and agriculture. With the exception of specific functions (such as electrician jobs), low salaries were generally observed.
Within the context of a specific project aiming to support the integration of unaccompanied children over 15 years old in the job market, internships and training opportunities, CPR observed additional challenges in the integration of asylum applicants in specific sectors such as sports, particularly by not being able to compete due to the lack of documentation.[14] The project also highlighted the impacts of the challenges mentioned above in this specific group.
CPR’s Integration department continued to observe persistent challenges with regard to access to recognition/validation/certification of professional and academic competencies of asylum applicants and refugees. Notably:
- Lack of original diplomas and certificates (for instance, IEFP does not accept personal statements regarding qualifications, simply registering these persons as literate job applicants);
- Difficulties in obtaining certified translations of existing documents;
- Long administrative procedures for recognition/validation/certification, and lack of regular communication flows;
- Lack of knowledge of Portuguese language.
While there are no specific programmes targeting applicants for and beneficiaries of international protection, asylum applicants and beneficiaries of international protection are included among the target population of some of IEFP’s employability support measures.
According to CPR’s experience, the main challenge faced by applicants/beneficiaries of international protection within this context is that the amount paid to interns by the programme depends on their level of qualifications. As many applicants/beneficiaries of international protection cannot prove their qualifications, most of them are only eligible to the lowest tier of grant (in 2024, € 662.04).[15] Furthermore, sometimes, asylum applicants are not allowed to register to these programmes, on the grounds of not yet being beneficiaries of international protection.
CPR’s Integration Department offers individual assistance that covers job search techniques, recognition procedures, search and referrals to vocational training and volunteering opportunities. Other NGOs, such as JRS, also provide employment assistance to asylum applicants and develop projects in this field. To CPR’s knowledge, some Local Support Centres for the Support of Migrants (Centros Locais de Apoio à Integração de Migrantes, CLAIM) are in operation, resulting from MoUs between AIMA and other organisations. These centres provide, inter alia, support in integration-related issues, such as information on employment, training and recognition of qualifications. There is no up-to-date list of which CLAIMs are in operation, or contact details and opening hours.[16]
The National Plan to Combat Racism and Discrimination 2021-2025 provides for the implementation of training courses with internships in the area of tourism to promote the integration of refugees and migrants in the labour market.[17] As part of the ‘Accelerate the Economy’ initiative, the ‘Integrate for Tourism’ programme was launched in partnership between the National Tourism Authority, the Network of Hotel and Tourism Schools, AIMA and the Portuguese Tourism Confederation.[18] Under this programme, trainees have access to a training grant, transport and food support. In addition, the programme provides personalised support for 1,000 trainees, with the aim of ensuring that everyone can benefit from qualified training and successful integration. As observed by CPR, publicity for this initiative is very limited.
Portuguese Language training
The legal framework for public Portuguese language was amended in 2022, expanding access to persons over 16 years old (previously, it only covered persons over 18), and to applicants for temporary protection.[19] Access by asylum applicants was already provided for.
According to available information asylum applicants are able to register with IEFP to access to Portuguese language training.
Among the challenges traditionally encountered in this area are the lack of training tailored to persons with low levels of education/illiteracy/poor knowledge of the Latin alphabet, the limited availability of alphabetic training for foreigners, as well as limited availability of training at B1 and B2 levels due to group size requirements. This was particularly challenging in certain parts of the country with lower numbers of eligible learners.
Since 2022, CPR observed an improvement in the access of asylum applicants to ‘Portuguese as a host language’ courses, the public Portuguese language training scheme, with an increase of the number of entities that may organise relevant courses.[20]
In 2024, CPR provided 746 hours of Portuguese language training course and promoted 15 sociocultural activities, which totalled 138 asylum applicants. Applicants took part in both literacy and language initiation activities at the same time, as per CPR’s practice. CPR also offered online classes to ensure access for vulnerable and/or geographically dispersed applicants, which accounted for 17% of all classes.
ACM created an Online Platform for Portuguese to promote informal learning of Portuguese, which continued to be available online by the end of 2024.[21]
Vocational training
The low level of language skills associated with the lack of diplomas and/or potentially challenging recognition procedures, render access to vocational training offered by IEFP and its partners within the public system challenging to most asylum applicants and beneficiaries of international protection. According to CPR’s observations, vocational training in the private sector is generally unaffordable.
As of 2018 asylum applicants admitted to the regular procedure and beneficiaries of international protection that are unable to present the relevant diplomas/certificates or whose documents and academic qualifications have not been recognised in the Portuguese educational system can be registered by IEFP as ‘literate users’ in the SIGO platform.[22] Other than Portuguese language training courses, such registration only provides access to: (a) modular training[23] at basic education level; (b) training in basic skills (reading, writing, calculation and information and communication technologies) in preparation for EFA Courses; and (c) Education and Training Courses for Adults (Cursos de Educação e Formação para Adultos, EFA) with equivalence to the 4th or 6th year of basic education or a professional certificate.[24] Neither modular training nor training in basic skills entail an academic certification.
CPR is working closely with the Vocational Training Centre for the Construction and Public Works Industry in the South (CENFIC), organising training courses at CPR’s premises, and is also in contact with the Vocational Training Centre for Commerce and Related Trades (CECOA) and INOVINTER, developing more training courses. Notably, trainees have access to a training grant. CPR’s Integration Department identifies difficulties in accessing these initiatives arising from the need for applicants to hold a bank account (something that has repeatedly been refused by banks due to of the asylum-related documents held/lack of passport) and from the subsequent displacements to other parts of the country resulting from the applicable framework on reception responsibility.
CPR is aware that SCML, through its training centre, is developing modular training courses that enable applicants and beneficiaries of international protection to participate. Currently not all courses are certified, but they have a strong practical component made possible by the conditions of the training centre. Notably, in addition to literacy classes, training courses are offered to those who are unable to present a qualification certificate, requiring only the presentation of a document proving their legal status. The courses are in the areas of carpentry, housekeeping, cooking, pastry and restaurant, beauty care, hairdressing, geriatrics, and teaching assistant.
[1] Articles 54(1), as amended by Act n.18/2022, of 25 August. Before this change, asylum applicants were entitled to access the labour market and to benefit from support measures and programmes in the area of employment and vocational training following admission to the regular procedure and issuance of a provisional residence permit.
[2] Article 55 Asylum Act.
[3] Ministerial Order 597/2015.
[4] Article 84 Asylum Act.
[5] Article 15(2) Constitution and Article 17(1)(a) and (2) Act 35/2014.
[6] Article 4 Labour Code.
[7] Article 5 Labour Code.
[8] Article 70(3) Asylum Act.
[9] SCML further reported that, in 2024, 20 of the asylum applicants assisted by the organisation were able to become autonomous due to their integration on the job market.
[10] With some branches requiring a passport for registration, for instance.
[11] Failure to present an employment contract, declaration of application for asylum and/or residence permit, declaration on honour as to the reason for requesting a social security number, for instance.
[12] Sandra Roberto, Carla Moleiro, ed. Observatório das Migrações, De menor a maior: acolhimento e autonomia de vida em menores não acompanhados, April 2021, p.46, available here.
[13] Ibid, 64.
[14] For more information see here.
[16] See AIMA’s official website here.
[17] National Plan to Combat Racism and Discrimination 2021-2025, available here, 74-75.
[18] For more information, see here.
[19] Ministerial Order no.183/2020, of 5 August 2020, amended by Ministerial Order no.184/2022, of 16 February 2022, available here. These courses are free of charge for participants and may be funded by EU funds (article 10).
[20] Available here, A guide by IEFP on the organisation of trainings under the new framework is available here.
[22] Integrated Information and Management System for Education and Training Courses (Sistema Integrado de Informação e Gestāo da Oferta Educativa e Formativa, SIGO) which contains a national catalogue of education and training courses offered by training institutions at national level and the certification of individual trainees: DGEEC, ‘Sobre o Sistema Integrado de Informação e Gestão da Oferta Educativa e Formativa’, 3 July 2017, available in Portuguese here.
[23] Modular training aims to refresh and improve the practical and theoretical knowledge of adults and improve their educational and vocational training levels. For more information see IEFP, Fomação Modular, available in Portuguese here.
[24] IEFP, Cursos de Educação e Formação para Adultos (Cursos EFA), available in Portuguese here.