The Government has retained, in a new version of its so-called “return package”, a rule that makes it easier to deport immigrants whose minor children already live in Portugal. The text specifies that the current limit on expulsion will apply only if the child is “legally” resident, in other words, holding a valid residence permit.
The revised wording of Article 135 of the law, which sets out the “limits to expulsion”, states that protection applies to those who “have minor children, nationals of a third country, legally resident in Portuguese territory, for whom they effectively assume parental responsibilities and to whom they provide maintenance and education”.
The full text became public on Monday, 30th March, after being submitted to Parliament. Prior to this, it underwent public consultation and was presented to the National Council for Migration and Asylum. The proposed change had already been raised as a concern by several council members during a meeting in December.
The issue also prompted amendment proposals during the public consultation held at the end of last year. Under the legislation currently in force, one of the key limits on expulsion is precisely the presence of minor children in Portugal, a safeguard widely regarded by experts as crucial for the protection of children.
At a press conference following the Council of Ministers meeting, the Government postponed clarifying what changes would be made regarding limits on the deportation of parents. The newly released text now confirms that the executive ultimately disregarded those contributions.
Another significant amendment introduces a requirement of at least five years’ residence in the country to benefit from protection against deportation. At present, when minor children are involved, the length of an immigrant’s residence in Portugal is not taken into account.
Source: LUSA
