The Government maintained, in the new version of the “return package”, the rule that facilitates the deportation of immigrants with minor children in national territory. The text states that the limit on expulsion, currently foreseen, only applies if the child is “legal”, that is, with a residence permit.
“Have minor children, nationals of a third country, legal residents in Portuguese territory, for whom they effectively assume parental responsibilities and to whom they provide support and education”, stated in the new wording of article 135 of the law, which deals with “limits to expulsion”.
The full text was released this Monday, March 30, after entering Parliament. Before that, it underwent public consultation and was presented to the National Migration and Asylum Council. The issue of this change was, in fact, one of the concerns expressed by several counselors at the December meeting.
It was also the subject of suggestions for changes in the public consultation that took place at the end of the year. In the currently current version of the legislation, one of the limits to expulsion is precisely the presence of minor children in national territory, a measure considered important by experts for the protection of children.
At the press conference after the Council of Ministers, the Government sent the answer later on what would be the change related to the limits for expulsion of fathers or mothers. Now, it is clear that the executive disregarded these contributions.
Another change is the requirement to reside in the country for at least five years to benefit from this non-deportation rule. Currently, when there are minor children, it does not matter how long the immigrant has lived in Portugal.
*Updating
amanda.lima@dn.pt
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