Author
Competence for issuing a long-term residence permit lies with the National Director of SEF,[1] that must issue a decision within 6 months of application.[2] The residence permit is valid for 5 years and is automatically renewed at the request of the beneficiary of protection.[3]
The following criteria must be met to obtain a long-term resident status regardless of the type of international protection held by the beneficiary:[4]
- Legal and continuous residence in the national territory for 5 years following the date of the application for international protection;
- Stable and regular resources to ensure their survival and that of their family members, without having to resort to the social assistance system;
- Health insurance;
- Accommodation;
- Fluency in basic Portuguese.
Long term resident status can be refused to a former beneficiary of international protection whose refugee status has ceased because they have voluntarily accepted the protection of the country of nationality or, have voluntarily re-acquired the nationality of their country of origin (see Cessation).[5]
According to SEF, no such permits were issued to beneficiaries of international protection in 2022.
As the main provider of legal information and assistance to asylum seekers and beneficiaries of international protection, CPR is not aware of the issuance of long-term residence status to beneficiaries of international protection in recent years and has provided legal assistance for that purpose in a very limited number of cases. According to its experience, access to such status by beneficiaries of international protection is rare for reasons mostly related to a lack of information and awareness, lack of the necessary financial resources, insufficient language skills, and the priority given to applications for Naturalisation.
[1] Article 128 Immigration Act.
[2] Article 129(4) Immigration Act. The time limit can be extended by 3 months in particularly complex cases but the applicant must be informed of the extension of the time limit (Article 129(5) Immigration Act) and the application is automatically accepted in the absence of a decision at the end of the 3-month time limit extension (Article 129(6) Immigration Act).
[3] Article 130(2) Immigration Act.
[4] Article 126 Immigration Act.
[5] Article 127(3) Immigration Act.