CPLP Agreement and Equity
February 2025
News Link: https://expresso.pt/opiniao/2025-02-27-acordo-cplp-e-equidade-1f8b0cbc
Are we facing the arrival of an expression of interest 2.0, applied exclusively to Portuguese-speaking countries?
The amendment to the Foreigners’ Law sought to remedy the huge mess that the CPLP (Community of Portuguese-Speaking Countries) Residence Permit (RP) processes were in, by now allowing the exchange of this permit in paper format for a temporary one in card format. However, its wording raises other controversial questions that have yet to be answered.
The uncertainty surrounding the amendment to the law, especially regarding African and non-African citizens belonging to countries that are signatories to the Agreement on Mobility between the Member States of the Community of Portuguese-Speaking Countries, is a reality.
The change allows citizens of Portuguese-speaking countries who already have a residence permit to have access to rights that were previously denied, such as the right to family reunification and free movement within the Schengen area but guarantees little fairness for future processes.
In practice, this law amends article 75 no. 2 of the Foreigners Law to read as follows: “When the applicant is covered by the CPLP Agreement and holds a short-stay visa or has a legal entry into national territory, they may apply for a temporary residence permit.” There is a very clear problem from the point of view of equality when it comes to African and non-African signatories to this CPLP Agreement. Regarding African countries, the rule is that these citizens need to hold a short-term visa (or consular visa) to enter Portugal. As for countries such as Brazil and East Timor, they are exempt from this requirement, i.e. they do not need a visa to enter the country.
I can’t see how Law no. 9/2025 will deal equally with a complex issue that goes back a long way: the visa requirement to enter Portugal for African countries that are signatories to the CPLP and the visa exemption for Brazil and Timor. While some will have to go through the consulate to be issued a visa, others can embark for Portugal and, in practice, this screening will end up being done at the border post, by the Police.
There is still a lot to clarify. Before moving on to other solutions, we need to sort out what’s outstanding and won’t go away. For example, after entering Portugal, with or without a short-term visa, what will give CPLP citizens a residence permit? What are the requirements for obtaining a residence permit? Will it be an employment contract, a promise of an employment contract or a contract for the provision of services that has arisen in the meantime? If so, isn’t it similar to the expression of interest mechanism? Are we looking at the arrival of an expression of interest 2.0, applied exclusively to Portuguese-speaking countries?
I think so.