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Regularisation of foreign children living under State protection in Portugal (Unofficial translation)

Regularização do estatuto jurídico das crianças e jovens de nacionalidade estrangeira acolhidos em instituições do Estado ou equiparadas (Original language title)

On 25 June 2018, the Portuguese President promulgated the law to regulate the legal status of children with foreign nationality hosted in state institutions which was approved by the Parliamentary Committee for Constitutional Affairs, Rights, Freedoms and Guarantees on 4 June 2018. It is now published in the official gazette.

This law no. 26/2018 of 5 July amends three Portuguese legislations: the Nationality Law, the Child and Youth Protection Law and the Aliens Law. It enables fast legal procedures to grant a resident status to foreign children living in public institutions under promotion and protection of the Portuguese State. It also allows for the Public Prosecutor's Office to represent them and initiate legal procedures on their behalf , including for the acquisition of the Portuguese nationality, When they are in situations of risk.

These minors and youngster are children of foreign citizens who have passed away, are missing, or considered as unable to care for them due reason domestic violence or precarity. The National Commission for the Promotion of Children’s Rights and Protection of Children and Youngsters assigns minors - foreigner of national - in these difficult situations to State-funded institutions or centres where they live and are assisted by teachers, psychologists and social workers. Before this legislative change, foreign children living under state protection faced several limitations including not being unable to leave the country to participate in sports or educational events.

The law 26/2018 of 5 July enters into force on 6 July 2018.

Attached file(s)
Portuguese Parliament
Posted by:
Country Coordinator Portugal