OIM - Migration Governance Indicators Second Profile 2024 - Portugal de 2025

MIGRATION

GOVERNANCE INDICATORS PORTUGAL | SECOND PROFILE 2024The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the International Organization for Migration (IOM). The designations employed and the presentation of material throughout the report do not imply the expression of any opinion whatsoever on the part of IOM concerning the legal status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries. IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental organization, IOM acts with its partners in the international community to: assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants. _______________ While efforts have been taken to verify the accuracy of this information, neither Economist Impact nor its affiliates can accept any responsibility or liability for reliance by any person on this information.

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PUB2025/028/ELMIGRATION

GOVERNANCE

INDICATORS PORTUGAL | SECOND PROFILE 2024CONTENTS OBJECTIVES // iv INTRODUCTION // 1

CONCEPTUAL FRAMEWORK // 4

SUMMARY // 6

KEY FINDINGS // 10

COVID-19 ANALYSIS // 30

ANNEX // 32

KEY SOURCES // 34MIGRATION GOVERNANCE INDICATORS: PORTUGAL SECOND PROFILE 2024 /// iv Objectives The MGIs aim to help governments, upon request, take stock of their migration policies and strategies to identify good practices and areas with potential for further development. The MGIs open dialogues with governments and other relevant stakeholders to identify priorities on the way forward. With a focus on government ownership of the process, the MGIs offer support at the national and local levels to gradually improve migration management systems. MGI follow-up assessments identify the migration policy developments that have occurred since the countries’ first MGI assessments, thus helping governments track their progress on national priorities, as well as commitments made at the regional and international levels.

OBJECTIVESINTRODUCTIONMIGRATION GOVERNANCE INDICATORS: PORTUGAL SECOND PROFILE 2024 ///

2 INTRODUCTION Migration has been part of the human experience throughout history, and we recognize that it is a source of prosperity, innovation and sustainable development in our globalized world, and that these positive impacts can be optimized by improving migration governance.1 The need to maximize the opportunities and to face the challenges that mobility brings has been recognized with the inclusion of migration in the 2030 Agenda for Sustainable Development, and with the adoption

in our globalized world, and that these positive impacts can be optimized by improving migration governance.1 The need to maximize the opportunities and to face the challenges that mobility brings has been recognized with the inclusion of migration in the 2030 Agenda for Sustainable Development, and with the adoption of the Global Compact for Safe, Orderly and Regular Migration. The incorporation of target 10.7 into the 2030 Agenda created the need to define “planned and well‐managed migration policies”. This is why, in 2015, the International Organization for Migration (IOM) developed the Migration Governance Framework2 (MiGOF). This Framework3 offers a concise view of an ideal approach that allows a State to determine what it might need to govern migration well and in a way that suits its circumstances. That same year, IOM in collaboration with Economist Impact developed the Migration Governance Indicators (MGIs), a standard set of almost 100 indicators that help States assess the comprehensiveness of their migration governance structures. The indicators constitute a starting point to engage governments in a consultative process that allows them to identify areas that are well developed and others that would benefit from further development, and most importantly priorities that are in line with the specific challenges and opportunities that a given country is facing. The MGIs are characterized by three main fundamental attributes:

1. The MGI process is a voluntary exercise: The MGIs are conducted in countries that have requested to be part of the process.

2. The MGIs are sensitive to national specificities: The MGIs recognize the different challenges and opportunities of each context, and therefore, do not propose a one-size-fits-all solution, but rather aim to spark a discussion on what well-governed migration can mean.

3. The MGIs constitute a process: The MGI process is not a static tool to collect data on countries’ migration frameworks. It is rather the first step of a dynamic exercise that can enable governments to identify areas of their migration policy in need of further development, or that could benefit from capacity-building.

The MGIs recognize that all countries have different realities, challenges and opportunities in relation to

migration frameworks. It is rather the first step of a dynamic exercise that can enable governments to identify areas of their migration policy in need of further development, or that could benefit from capacity-building. The MGIs recognize that all countries have different realities, challenges and opportunities in relation to migration. Therefore, the MGIs do not rank countries on the design or implementation of their migration policies. Finally, the MGIs do not measure migration policy outcomes or institutional effectiveness. Instead, they take stock of the migration‐related policies in place and operate as a benchmarking framework that provides insights on policy measures that countries can consider as they further progress towards good migration governance. MGI follow-up assessments aim to show the progress that countries have made in their migration governance policies since their first MGI assessment.4 This country profile presents a summary of the main changes and achievements that have taken place in the migration governance structures of Portugal, since the first assessment in 2018, as well as the areas with potential for further development, as assessed by the MGIs.5 1 United Nations, Global Compact for Safe, Orderly and Regular Migration (A/RES/73/195 of 11 January 2019), paragraph 8. 2 “Migration governance” refers to the system of institutions, legal frameworks, mechanisms, and practices aimed at regulating migration and protecting migrants. It is used almost synonymously with the term “migration management”, although the latter is also sometimes used to refer to the narrow act of regulating cross-border movement at the State level. 3 IOM Council, Migration Governance Framework, 106th Session, C/106/40 (4 November 2015), page 1, footnote 1. 4 See the 2018 Migration Governance Snapshot of the Portuguese Republic. 5 The MGI initiative is a policy-benchmarking programme led by IOM and implemented with the support of Economist Impact. Funding is provided by IOM Member

States.MIGRATION GOVERNANCE INDICATORS: PORTUGAL SECOND PROFILE 2024 ///

3 INTRODUCTION The Government of Portugal agreed to conduct a follow-up MGI assessment in September 2021. The consultant collected data that helped to strengthen this report from designated focal points during key

States.MIGRATION GOVERNANCE INDICATORS: PORTUGAL SECOND PROFILE 2024 ///

3 INTRODUCTION The Government of Portugal agreed to conduct a follow-up MGI assessment in September 2021. The consultant collected data that helped to strengthen this report from designated focal points during key informant interviews and desk review in 2022. The findings of the report were then presented during a multi-stakeholder consultation held in September 2024, where additional feedback was gathered to finalize the report. Portugal has been committed to the elaboration and implementation of the Global Compact for Migration and has submitted its Voluntary National Reports in 2020 and in 2022 respectively.6 6 Please see Portugal’s Contribution to the IOM Regional Review Report (Government of Portugal, 2020a) and the Voluntary National Report on the Implementation of the Global Compact for Safe, Orderly and Regular Migration in Portugal (Government of Portugal, 2022a).CONCEPTUAL FRAMEWORK Conceptual Framework Not a ranking of countries Not an assessment of policy impacts Not prescriptive MGIs PRINCIPLES Which support the measurement of At the basis of MiGOF

OBJECTIVES

WHAT THEY ARE WHAT THEY ARE NOT IOM’s MiGOF sets out the essenƟal elements to support planned and well-managed migraƟon. It seeks to present, in a consolidated, coherent and comprehensive way, a set of three principles and three objecƟves which, if respected and fulfilled, would ensure that migraƟon is humane and orderly, and benefits migrants and society.

1. Adhere to international standards and fulfil migrants’ rights.

2. Formulate policy using evidence and a whole-of-government approach.

3. Engage with partners to address migration and related issues.

1. Advance the socioeconomic well-being of migrants and society.

2. Effectively address the mobility dimensions of crises.

3. Ensure that migration takes place in a safe, orderly and dignified manner.

and related issues.

1. Advance the socioeconomic well-being of migrants and society.

2. Effectively address the mobility dimensions of crises.

3. Ensure that migration takes place in a safe, orderly and dignified manner.

A set of indicators that offers insights on policy levers that countries can use to strengthen their migraƟon governance structures A tool that idenƟfies good pracƟces and areas that could be further developed A consultaƟve process that advances dialogues on migraƟon governance by clarifying what “well-governed migraƟon” might look like in the context of SDG target 10.7 and the Global Compact for MigraƟon implementaƟon Note: “The Global Compact is framed in a way consistent with target 10.7 of the 2030 Agenda for Sustainable Development in which Member States committed to cooperate internationally to facilitate safe, orderly and regular migration.”MIGRATION GOVERNANCE INDICATORS: PORTUGAL SECOND PROFILE 2024 /// 5 The MGIs consist of almost 100 indicators grouped under the six different dimensions of migration governance that draw upon the MiGOF categories: Indicators in this domain look at the extent to which migrants have access to certain social services such as health, education and social security. They look at family reunification, access to work, and access to residency and citizenship. The international conventions signed and ratified are also included. Indicators in this area assess countries’ institutional, legal and regulatory frameworks related to migration policies. This area also looks at the existence of national migration strategies that are in line with development objectives and overseas development efforts, as well as institutional transparency and coherence in relation to migration management. This category focuses on countries’ efforts to cooperate on migration‐related issues with other States and relevant non‐governmental actors, including civil society organizations and the private sector. Indicators in this area assess countries’ policies on the recognition

efforts, as well as institutional transparency and coherence in relation to migration management. This category focuses on countries’ efforts to cooperate on migration‐related issues with other States and relevant non‐governmental actors, including civil society organizations and the private sector. Indicators in this area assess countries’ policies on the recognition of migrants’ educational and professional qualifications, provisions regulating student migration and the existence of bilateral labour agreements between countries. Aspects of diaspora engagement in the country of origin and migrant remittances are also under this domain. This category looks at the type and level of preparedness of countries when they are faced with mobility dimensions of crises. The questions look at the processes in place for nationals and non‐nationals in relation to disasters and climate change, including if humanitarian assistance is equally available to migrants as it is to citizens. This area looks at countries’ approach to migration management in terms of border control and enforcement policies, admission criteria for migrants, preparedness and resilience in the case of significant and unexpected migration flows, as well as the fight against trafficking in persons.

MIGRANTS’

RIGHTS

PAGE 11

WHOLE-OF-GOVERNMENT

APPROACH

PAGE 16

PARTNERSHIPS

PAGE 20

WELL-BEING

OF MIGRANTS

PAGE 23

MOBILITY DIMENSION

OF CRISES

PAGE 25

SAFE, ORDERLY AND REGULAR MIGRATION PAGE 27SUMMARYMIGRATION GOVERNANCE INDICATORS: PORTUGAL SECOND PROFILE 2024 ///

7

SUMMARY

SUMMARY OF UPDATES SINCE 2018

Migrants’ rights Since the first assessment, Portugal had amended the Basic Health Law (2019) to add to the scope of beneficiaries of the National Health Service (Sistema Nacional de Saúde or SNS) – alongside Portuguese citizens, citizens of the European Union, stateless persons, foreign citizens residing or staying in Portugal temporarily or permanently, applicants for international protection and migrants with or without their

beneficiaries of the National Health Service (Sistema Nacional de Saúde or SNS) – alongside Portuguese citizens, citizens of the European Union, stateless persons, foreign citizens residing or staying in Portugal temporarily or permanently, applicants for international protection and migrants with or without their situation being regular. This means that now all these categories have access to State-funded health services. Since 2001, these provisions have been in place through Ministry of Health Order No. 25360/2001. A migrant in an irregular situation can access health care without having been assigned a National User Number (NNU) but would need to pay the total cost of the care provided.7 While a migrant with an irregular status does not enjoy free-of-charge access to health-care services, they have access to the SNS, at no cost, regarding public health issues. In 2021, Portugal approved the National Plan to Combat Racism and Discrimination 2021–2025, which includes measures to promote migrant integration and combat hate crimes, violence, xenophobia and discrimination against migrants, such as raising awareness in sectors employing high numbers of migrant workers. Moreover, Ordinance No. 183/2020 of 5 August, as amended by Ordinance No. 184/2022 of 21 July, provides for Portuguese Host Language courses to promote the empowerment and social inclusion of migrants and their cohesion with host communities in Portugal. Whole-of-government approach In 2019, Portugal approved the National Plan for the Implementation of the Global Compact for Migration (PNIPGM). The plan incorporates the 23 objectives of the Global Compact for Migration and provides strategies to address several migration-related issues, such as data collection, labour market discrimination, remittance transfers and border management. It is also gender-responsive, focuses on migrant integration and is aligned with the national development strategy: Strategy Portugal 2030. As of 2024, the PNIPGM was still being updated. Following the approval of the National Plan to Combat Racism and Discrimination 2021–2025, Portugal established the High-Level Interministerial Commission in 2021 to assess, monitor and evaluate its execution.

still being updated. Following the approval of the National Plan to Combat Racism and Discrimination 2021–2025, Portugal established the High-Level Interministerial Commission in 2021 to assess, monitor and evaluate its execution. In 2024, the National Council on Migration and Asylum was created. The council is the national advisory body to the Government and platform for strategic debate on national migration and asylum policy (Decree–Law No. 53/2024 of 30 August). Partnerships Portugal has submitted voluntary national reviews on the implementation of the Global Compact for Migration – in 2020 and 2022. In December 2021, Portugal ratified the Agreement on Mobility between members of the Community of Portuguese-Speaking Countries (CPLP). The agreement, adopted in Portugal through Resolution No. 313/2021 of the Assembly of the Republic of 9 December, lays out the legal basis to promote greater mobility and movement within the CPLP and acts as an essential instrument for regulating and creating conditions for the entry and permanence of citizens of CPLP member countries in Portugal. The special conditions for the entry and stay of CPLP nationals are also integrated into the Foreigners Act, as amended 7 Mandatory documents include a residence/stay permit or work visa and a Tax Identification Number (NIF), or a certificate of residence from the migrant’s parish council proving that the person has been in Portugal for more than 90 days. Visit the Government website for more information.MIGRATION GOVERNANCE INDICATORS: PORTUGAL SECOND PROFILE 2024 /// 8 SUMMARY by Law No. 18/2022 of 25 August, the latest amendment to the legal framework on the entry, stay, exit and removal of foreign nationals from Portugal. The latest amendment to the Foreigners Act was enacted through Decree–Law No. 37-A/2024 of 3 June, which revoked the residence permit procedures based on expressions of interest. Since the first MGI assessment in 2018, Portugal has signed new bilateral labour agreements (BLAs). In 2021, it signed an agreement with India to facilitate the recruitment of Indian workers by Portuguese companies.

expressions of interest. Since the first MGI assessment in 2018, Portugal has signed new bilateral labour agreements (BLAs). In 2021, it signed an agreement with India to facilitate the recruitment of Indian workers by Portuguese companies. In 2022, it signed a BLA with Morocco to create a legal framework for the secure recruitment, hiring and admission of Moroccan workers to Portugal. Well-being of migrants Since the first assessment, Portugal has established the Start-up Visa and the Tech Visa as initiatives to attract high-skilled workers. The Start-up Visa, established in 2017, aims to attract investments, talent and innovation capacity through entrepreneurs. The Tech Visa, created in 2018, aims to attract information technology professionals to meet the need for high-skilled workers in the field. In 2022, temporary stay and residence visas were created for digital nomads, with the aim of attracting remote workers and service providers. In 2023, due to the transposition of Directive (EU) 2021/1883 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, some requirements for granting visas and residence permits to highly qualified workers were made more flexible, in line with policies to attract professionals into the sector’s workforce. In 2018, Portugal enacted the National Strategy for Equality and Non-Discrimination 2018–2030 to promote gender equality. The strategy, which explicitly mentions migrant women, aims to prevent and fight all forms of discrimination based on gender, nationality, ethnicity or race and includes strategies to promote women’s participation in the workforce and reduce the gender pay gap. Mobility dimension of crises In 2019, Portugal created the Return Programme (Programa Regressar) to support the reintegration of returning emigrants, as well as their dependants and other relatives, through tax benefits, financial assistance and a credit line to support business investments. In 2021, Portugal approved the National Strategy for Preventive Civil Protection 2030, which includes an action plan with several measures aimed at ensuring integrated disaster risk management by strengthening governance, improving knowledge, implementing risk reduction strategies, and improving preparedness and citizen engagement.

and a credit line to support business investments. In 2021, Portugal approved the National Strategy for Preventive Civil Protection 2030, which includes an action plan with several measures aimed at ensuring integrated disaster risk management by strengthening governance, improving knowledge, implementing risk reduction strategies, and improving preparedness and citizen engagement. Safe, orderly and regular migration The Foreigners Act was amended by Law No. 18/2022 of 25 August to include the following main provisions: (a) operationalization of the second generation of the Schengen Information System; (b) a simplified visa procedure for CPLP citizens; (c) a new visa type for those who want to enter Portugal to look for work; (d) facilitation of residence visas for higher education studies; (e) temporary and residence visas for digital nomads; (f) automatic assignment of provisional Tax Identification Numbers, Social Security Identification Numbers and National Health Service user numbers; (g) temporary-stay or residence visas for qualified family members of visa holders; (h) elimination of visa quotas; (i) simplified procedures for obtaining residency and longer validity periods of documents; (j) simplified issuance and renewal of residence permits for beneficiaries of the European Union – United Kingdom Withdrawal Agreement.MIGRATION GOVERNANCE INDICATORS: PORTUGAL SECOND PROFILE 2024 /// 9 SUMMARY The Supporting Cabinet to the Diaspora Investor was established under the Ministry of Foreign Affairs and the Ministry of Territorial Cohesion in 2020 and implements the National Diaspora Investor Support Programme, which was launched in the same year. The National Diaspora Investor Support Programme aims to facilitate the return of Portuguese nationals and Portuguese descendants, support diaspora investment in Portugal, contribute to the establishment and economic development of companies, and make the Portuguese communities a factor in promoting the internationalization of Portugal and the diversification of markets in the Portuguese economy. In 2018, the Government of Portugal enacted the Fourth Action Plan to Prevent and Combat Trafficking in Human Beings (2018), which has three main objectives: (a) reinforce knowledge and awareness of human

Portuguese communities a factor in promoting the internationalization of Portugal and the diversification of markets in the Portuguese economy. In 2018, the Government of Portugal enacted the Fourth Action Plan to Prevent and Combat Trafficking in Human Beings (2018), which has three main objectives: (a) reinforce knowledge and awareness of human trafficking; (b) ensure that the rights of victims of human trafficking are secured; and (c) strengthen the fight against organized crime by dismantling its business model and human trafficking chain.MIGRATION GOVERNANCE INDICATORS: PORTUGAL SECOND PROFILE 2024 /// 10

KEY FINDINGS

FINDINGS

KEYMIGRATION GOVERNANCE INDICATORS: PORTUGAL SECOND PROFILE 2024 ///

11

KEY FINDINGS

ADHERE TO INTERNATIONAL STANDARDS AND FULFIL MIGRANTS’ RIGHTS 1.1. Migration governance: examples of well-developed areas The Constitution of the Portuguese Republic (1976) establishes that all citizens and foreigners have the right to comprehensive health care, and for this reason, all existing health facilities must be made available according to a person’s needs, regardless of their economic, social and cultural conditions. The National Health Service (Sistema Nacional de Saúde (SNS))8 has, throughout its existence, invested in the access to health of migrants, applicants of international protection and stateless persons for reasons of public health protection. The protection of migrants’ health and their access to health care are recognized by the SNS as: (a) a human right and a basic right, in accordance with constitutional values ​and principles; (b) vital for the integration of migrants and a critical factor in reducing poverty and social inequalities; (c) essential for social cohesion and the protection of public health and the well-being of all. These principles are expressed and enshrined in the legal architecture of the SNS, the Constitution and the Basic Health Law (1990, last

amended in 2019) which grant all citizens, including migrants, the right to health protection. Since the first MGI assessment, Portugal had amended the Basic Health Law (2019) to inscribe in law that Portuguese citizens, foreign permanent residents, foreign temporary residents, stateless persons, applicants for international protection and migrants have access to government-funded health services in Portugal. Since 2001, under Decree No. 25360/2001 of 12 December, a migrant in an irregular situation can access health care without having been assigned a National User Number (Número de Utente),9 but would need to pay the total cost for the care provided.10 While migrants with an irregular status do not enjoy free-ofcharge access to all health-care services, they have access to the SNS, at no cost, in situations of public health concern – for example, communicable diseases that pose a threat to public health,11 preand neonatal care, sexual and reproductive health,12 childcare vaccinations (according to the national vaccination programme in place), and emergency and vital health care. In principle, such care cannot be denied: for example, the impossibility of payment does not prevent the provision of health care. Law No. 4/2007 of 16 January on the General Bases of the Social Security System, amended by Law No. 83-A/2013 of 30 December, establishes that the State must promote the signing of instruments to coordinate social protection systems between Portugal and other countries. Portugal has bilateral social security agreements with over 20 countries.13 It has also been a signatory, since 2007, to the Ibero-American Social Security Multilateral Convention, a multilateral agreement to foster the creation of coordination mechanisms regarding social security to “ensure the social protection of migrant workers and their families”.14 The 2020 voluntary assessment report on the National Plan for the Implementation of the Global Compact for Migration (Plano Nacional para a Implementação do Pacto Global das Migrações (PNIPGM)) highlights that Portugal has “several bilateral conventions with other [S]tates which provide for the bundling of rights”.

The 2020 voluntary assessment report on the National Plan for the Implementation of the Global Compact for Migration (Plano Nacional para a Implementação do Pacto Global das Migrações (PNIPGM)) highlights that Portugal has “several bilateral conventions with other [S]tates which provide for the bundling of rights”. 8 Brazil’s National Health Service is responsible for participatory and decentralized management and offers a wide range of health services, including preventive and curative care, rehabilitation services and mental health care. 9 As per Order No. 1668/2023 of 2 February (2023), which defines the organizational rules and management mechanisms for the National User Register, as well as the rules for registering citizens with the National Health Service and for registering with primary health care. 10 Mandatory documents include: a residence/stay permit or work visa and an NIF, or a certificate of residence from the migrant’s parish council, proving that the person has been in Portugal for more than 90 days. Visit the Government website for more information. 11 Such as COVID-19, AIDS, hepatitis and tuberculosis. 12 Including access to family planning consultations and voluntary termination of pregnancy. 13 Besides European Union countries, Iceland (1995), Liechtenstein (1995), Norway (1995) and Switzerland (1995), Portugal has bilateral social security agreements with Andorra (since 1990), Argentina (2009), Australia (2002), Brazil (1991), Cabo Verde (2001), Canada (1981), Chile (1999), India (2013), Morocco (1998), Mozambique (2018), the Philippines (2012), Québec (1991), the Republic of Moldova (2009), Tunisia (2010), Ukraine (2009), the United Kingdom (1978), the United States of America (1988) and Uruguay (1987). 14 Other signatories to the agreement include Argentina, the Plurinational State of Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, the Dominican Republic, Ecuador, El

America (1988) and Uruguay (1987). 14 Other signatories to the agreement include Argentina, the Plurinational State of Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, the Dominican Republic, Ecuador, El Sa