The lack of interest in the ‘expression of interest’ today
January 2025
News link: https://expresso.pt/opiniao/2025-01-11-o-desinteresse-da-manifestacao-de-interesse-hoje-67579692
Life is constantly changing and much of what may have made sense at the beginning of this century is no longer justified in 2025. This is the case with the ‘expression of interest’, both in form, manner and in its practical effects, which are not in line with the European Union’s migration policies.
I will explain:
The ‘expression of interest’ was introduced by the 2007 Foreigners’ Law as a solution for immigrants arriving in Portugal or who were already here without a specific visa that would allow them to carry out their professional activity. This procedure allowed immigrants to formalize their intention to settle in the country after obtaining a work or service provider contract.
At the time, the regime was used by workers from Eastern Europe and the Portuguese-speaking African countries (PALOP). They were mostly underemployed or looking for better living conditions here. At the time, there weren’t as many visa options for carrying out a professional activity as there are today. Even a simple work visa was too bureaucratic and difficult to obtain! Here’s an example of one of the biggest difficulties I encountered: the simple requirement of a job posting.
The system at the time dictated that this vacancy had to be published in the Institute for Employment and Professional Training (IEFP) and the application for a work visa could only go ahead once the entity had certified that there was no worker in Portugal or in another European Union country capable of filling the position. This left two pending processes. Invariably, due to the long analysis time and excessive bureaucracy, most employers ended up giving up on the process.
This led to the creation of escape valves in the foreigners’ law to regularize all those who were in Portugal without a proper visa, but who had a stable job and social security deductions up to date, so they could stay in the country with a valid residence permit.
When did the ‘expression of interest’ stop making sense?
The legislator’s spirit when creating what we call an expression of interest was that there should be an exception to the rule for those who were already working in Portugal. Basically, so that those who had set down roots could legalize themselves. This has no longer been the case for some time.
The mechanism became the opposite of what it was supposed to be. It was the norm for many employers and immigrants due to the exponential increase in immigration in the country, the lack of labor and the system gradually becoming obsolete. Processes became increasingly lengthy, with many taking up to three years from the time the application was submitted to the time it was actually analyzed. An accumulation that is estimated at around 500,000 cases pending analysis by AIMA and which has also generated new opportunists, who take advantage of the vulnerable situation in which some people find themselves, exploiting them with miserable wages, while keeping them in inhumane conditions so that they can be called in to regularize their situation.
In addition, with the delay in analyzing the processes, the immigrants who submitted the ‘expression of interest’, even though they were paying into social security, were not given any healthcare system number, let alone any right to family reunification. The situation worsens when they have to leave Portugal because the ‘manifestation’ is not legally recognized in any other country in the world.
Today, our legislation on foreigners’ rights provides for various work visas, service provider visas and even a job search visa. The application process is no longer as bureaucratic as it was 10 years ago, which is why it makes little sense to maintain a system that puts migrants in limbo. A limbo that is often inhumane and does not comply with the most basic of conditions that we should guarantee to any human being.
With the correct document issued in their country of origin and the guarantee of a work or service contract in the country of destination, any foreigner will be able to arrive in Portugal and see their rights better protected and their geographical mobility guaranteed.
I return to the initial and key idea throughout this article:
in an issue as relevant and predominant as immigration will be in this century, it is important to be able to understand when change in public policy is justified. Applying here Charles Darwin’s old saying that change really is the only constant for improvement.
For all that we depend on and gain at all levels from old and new migrants, from the growing flows, from the way it has changed and continues to change, what made sense yesterday may no longer make sense today.
That is clearly the case here.