Ombudsman’s Office recommends adequate dissemination of information on the extension of the validity of foreign citizens’ documents

The Ombudsman’s Office is concerned about the lack of protection for migrants with documents that have expired, and calls for the dissemination of information on the subject to be stepped up among public administration services and foreign citizens in Portugal.

This concerns the situation of migrants from countries outside the European Union (EU) and applicants for international protection, since a large number of foreign citizens in Portugal currently hold residence or residence documents with an expiry date, which nevertheless remain fully valid for all legal purposes.

According to the legislation in force (Decree-Law no. 10-A/2020 of 13 March), residence and stay permits that have expired as of 22 February 2020 will continue to be accepted until 30 June 2025. Even after that date, the documents will be considered valid if their holders present proof of an appointment for renewal.

The documents covered by this extension include:

• Short-stay, temporary stay and residence visas;

• Residence authorisation certificates for citizens of the Community of Portuguese Speaking Countries (AR CPLP);

• Residence and permanent residence cards;

• Provisional residence permits for applicants for international protection.

EU citizens also benefit from the same extension of the validity of their documents, in the case of registration certificates and permanent residence certificates.

The Ombudsman’s Office has reiterated the importance of public services being properly informed and correctly applying legal measures that ensure the regularity of foreign citizens’ stay in national territory and the validity of expired documents.

On its official website, AIMA provides information in this regard, which can be consulted here.

Complaints and information received by the Ombudsman’s Office suggest, however, that public services are refusing to analyse applications on the grounds of expired documents, despite the fact that the law allows them to be used.

As well as creating unjustified difficulties for people covered by the legal extension, the flaws detected in the information chain translate, in practice, into an unacceptable differentiation in treatment, depending on whether or not they were aware of the law at the time of the service.

The doubts needlessly generated also lead to an overload of foreign citizens coming to AIMA shops to ask for information on the legal extension, which can be avoided and causes entropy in an already highly pressurised service.

The Ombudsman’s Office therefore emphasises the urgent need to improve the dissemination of information on extending the validity of foreign citizens’ documents in Portugal, in order to guarantee that all services are adequately informed and that migrants can exercise their rights without obstacles.

To this end, it suggests that the directorates of the various public services and entities issue guidelines to ensure that the information is properly publicised among the services and their employees, namely by displaying the materials made available by AIMA in the places where citizens are served.