Foreigners who threaten public order during protests could lose their residence permits. On November 3, Secretary of State for Immigration Rui Armindo Freitas warned parliament during budget hearings. He stressed that people would not be penalised “for taking part in demonstrations”.
The statement came amid protests over housing that have been taking place since October 10. On Sunday, police cleared protest camps in Lisbon’s Rossio Square and in Porto. More than 20 people were injured.
There are no new rules, however. Portugal’s Foreigners Act already requires residence permits to be revoked “on grounds of public order or security”. The decision is made not by a court, but by the government member responsible for migration or, on their behalf, the leadership of AIMA (the Agency for Integration, Migration and Asylum). Once notified, the person has 20 days to leave the country. The decision can be challenged in an administrative court, but filing an appeal does not suspend its enforcement.
As far as we can recall, this is the first time a government official has publicly linked participation in protests to the loss of a residence permit. It raises an important question: where does peaceful protest end and a “threat to public order” begin? The law does not specify, leaving the decision to an official rather than a judge.
The AIMA staff union called the secretary of state’s remarks “irresponsible and dangerous”, warning that migrants could interpret them as intimidation.
Taking part in peaceful demonstrations does not affect your residence status. If your residence permit is revoked, you should seek legal advice as soon as you receive the notification.
