Immigration: New law opens door to foreign investment, clamps ...

Investing in Portugal will become easier for foreign investors from outside the European Union, according to the government, after a new draft law on immigration, approved in the weekly Cabinet Meeting on 22 March, was presented to parliament.

Deputy Secretary of State of the Deputy Minister?Feliciano Barreiras Duarte, who oversees immigration-related issues, told PDV that ?this change aims to incorporate within the Portuguese legal regime several EU directives? and it ?expands some issues related with the statute of the immigrant-entrepreneur who wishes to invest in Portugal?.

?Around the world, the immigrant is always thought of as being employed by someone else?, Duarte said. In 2007, he managed to have the statute of immigrant-entrepreneur introduced in the law, so as to ?facilitate access in terms of visas.? ?Now we are extending that feature?, the deputy secretary of state explained.

The proposal includes changes to temporary residence permits for entrepreneurs and investors, who need to satisfy several demands (see list below). It also establishes the creation of a EU Blue Card residency permit?for highly qualified professionals, so as to facilitate entry conditions in the country, according to financial daily Di?rio Econ?mico.

According to the newspaper, the changes include granting direct access to residency permits without the need to appply for a visa beforehand for citizens from countries outside the Schengen area?who aim to invest in the country.?Previously, residency visas were required for entrepreneurs seeking to enter the country.

Also, ?the main [measures] target illegal immigration and the criminalisation of civil partnerships and weddings of convenience?, Barreiros Duarte told PDV.

The draft law includes prison sentences for those who ?recurrently? make use of illegal labour of up to one year of imprisonment or eight months of fines, according to newspaper Di?rio Econ?mico. Employing minors or several illegal immigrants will be punishable with up to two years of imprisonement or 16 months of fines.

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Immigrants? associations contest changes

Meanwhile, several immigrants? associations have already reacted to the proposals included in the draft sent to parliament for discussion.

According to news agency Lusa, 18 associations which work with immigrants issued a statement expressing their discontent with the ?drastic turning point? taken by the government in the implementation of the EU directive which the associations describe as ?shameful? and a ?regression imposed by the Europe of Sarkozy and Merkel to facilitate as much as possible the segregation and expulsion of illegal immigrants?.

The associations, quoted by Lusa, add that many immigrants ?will not be able to keep their status in the country legal? with the new measures and ?will be in danger of being expelled? despite having payed taxes and contributions for social security ?for several years?.

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The main changes to the legal regime for terms of entrance, residence and voluntary and involuntary departure of non-nationals in Portugal:

- Direct residency permit for immigrants from countries outside the Schengen area who want to invest in Portugal individually or through a society.

- The investor has to comply with a transfer of ?1m in capital in a minimum period of five years, the creation of at least 30 jobs, and the acquisition of??750.000 worth?of property.

- The creation of a EU Blue Card residency permit aimed at highly qualified professionals which will include legal salary floors.

- Recurrent use of illegal labour will be punishable with up to one year of imprisonment or up to eight months worth of fines.

- The employment of minors and several illegal immigrants will be punishable with up to two years of imprisonment and up to 16 months worth of fines.

- Cases of human trafficking will be punishable with up to six years of imprisonment.

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