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Portugal tightens migrant labor law amid populist pressure

Jochen Faget
October 2, 2024

A new regulation in Portugal bars entry for foreign workers who do not have an official work permit. As post-entry legalization is also no longer possible, some experts fear negative repercussions for the economy.

https://p.dw.com/p/4lI1L
An Asian-looking farm worker in a field of cabbage
Without workers from abroad, experts warn that Portugal's huge agricultural sector would struggleImage: Jochen Faget/DW

Portugal has suddenly and unexpectedly ended the practice of allowing illegally arrived migrant workers to stay in the country while applying for a work permit. According to Deputy Minister Rui Armindo Freitas, who is in charge of immigration policy, this change is simply an alignment with European regulations.

But representatives of non-governmental organizations see it as a concession to right-wing populists who rally against immigrants. They argue that it mostly highlights the disorganized state of Portugal's immigration policy — at least until now.

Portugal: Exploited Asian fruit pickers

Freitas says the possibility of entering the country first and then obtaining the necessary papers attracted many illegal migrant workers. This loophole needed to be closed quickly, he told DW, because of a "backlog of around 400,000 legalization applications" at the immigration agency AIMA.

"The processing of these applications, some of which were submitted two years ago, should be organized by June of next year at the latest. We aim to solve problems that have built up over many years," said Freitas.

Migrant labor important for the economy

Since June, migrants who wish to work in Portugal have had to apply for their residence permits at a Portuguese embassy or consulate abroad.

The stipulation is causing frustration abroad as many of the traditional countries of origin of foreign workers don't have a Portuguese embassy or consulates. Farm workers and harvesting helpers from Nepal or Bangladesh, for example, must now apply for their visas at the Portuguese embassy in New Delhi, India.

Two migrant workers from India waiting for a bus in Sao Teotonio, an agricultural region 200 kilometers south of Lisbon.
Migrant workers in Portugal often come from as far away as Nepal, India and BangladeshImage: Patricia de Melo Moreira/AFP

Luis Mira, secretary-general of the Portuguese Farmers' Association, dismissed the new requirement as simply not feasible. "We need people during harvest time, not at some point later. The government must ensure that workers can continue coming to Portugal quickly and without excessive bureaucracy," he told DW.

Portugal's economy is hugely dependent on migrant workers. They mostly come from Asian countries and are employed in agriculture, where they harvest broccoli and olives for low wages, and pick berries for export to rest of Europe.  Many Brazilians, for example, work in the hospitality sector, in restaurants and cafes, while most African workers are crucial to the construction sector.

Growing hostility stirred by populist party

Portugal's migrant laborers usually come without the necessary documentation. While often waiting years for their residence permits, they have so far been allowed to work and pay taxes and social security contributions.

As elsewhere in Europe, illegal immigration has become a heatedly discussed issue in Portugal, with the debate being fueled especially by far-right populist parties.

Portugal's nationalist party Chega — meaning Enough — has rapidly grown in popularity with their anti-immigration agenda. The party has been calling for immigration quotas and even a referendum on immigration.

CHEGA leader Andre Ventura addresses supporters at the Marriot Hotel, where the party held the election night event, in Lisbon on March 10, 2024
Far-right Chega party won nearly 50 parliamentary seats in the elections this year, more than quadrupling its 2012 resultImage: Andre Dias Nobre/AFP/Getty Images

Deputy Minister Rui Armindo Freitas is pushing back, saying the government doesn't want fewer immigrants but clearer rules for labor immigration that will prevent the right wing from "hijacking" the issue. The new regulation, he thinks, will guarantee the rights and security of people coming to Portugal. "It's important to integrate those who come. Our economy needs foreign workers to grow. The new rules are good for both who come and who already live here."

Illegal immigration set to grow?

A welcome side effect of the new regulation, says Freitas, is that it would prevent migrants from falling victim to human trafficking networks.

With the number of applications to work in Portugal dropping by nearly a quarter in the last three months, NGOs report that many foreign workers continue to enter the country illegally.

Alberto Matos holding as folder while explaining something to three workers from abroad.
Alberto Matos from the Solim nonprofit helps migrant workers get their rightsImage: Jochen Faget/DW

Alberto Matos from the nonprofit Solidariedade Imigrante (Solim), an organization that defends immigrants' rights, says migrant farm and restaurant workers are coming "because they're needed" in the country's growing economy.

"If these immigrants can no longer legalize their status after arrival, the number of undocumented migrants will only continue to rise," he told DW. In that case, the new immigration regulations could indeed backfire, he added.

This article was originally written in German.