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From the issuance of the Residence Permit ("AR") the law provides the possibility of making a contract to rent accommodation as well as the purchase and sale of dwellings.

The State Management and Alienation of Housing Heritage Institute ("Instituto de Gestão e Alienação do Património Habitacional do Estado – IGAPHE) does not presently build dwellings, but merely holds unoccupied houses which can be made accessible, in an emergency situation, by means of a characterisation of the housing and the socio-economic situation of the person/family (decree law nº 797/76 of 6th November).

Concerning renting, the IGAPHE has a program aiming to promote Renting by Young People ("IAJ") aimed at those under 30 years old, who receive an income and have established a contract of renting. However, it is not applicable to those renting an outbuilding, a room or rooms.

This benefit is granted for one year, renewable for a maximum period of 5 years. The amount given can not exceed the limits established for that year (1) and is estimated according to the rent and the declaration of the income tax on singular persons ("IRS") of the household or the individual, in the case of an individual living alone.

The City Councils and the National Housing Institute ("INH") have been jointly implementing a special programme for re-lodging, "Programa Especial de Realojamento" – (PER), consisting of a survey regarding situations of precarious housing through a census of the population in those conditions, not only in municipal sites but also in private areas. The programme is only available for all those included in the data base during the last census undertaken by the city council services in September 1993.

Subsequent to PER, the PER-FAMÍLIAS ruled by decree-law 79/97 of 20th June has been implemented, which provides the granting of a collective participation regime to support the acquisition of (or renovating of) the beneficiary’s or his/her household’s, own permanent residence.

Re-lodging in social dwellings may be made through renting or the acquisition of property.

Families who are in a situation of great need are granted a social rent, calculated in accordance with the household’s means of income, while those who can afford the charge shall pay a higher cost than the social rent.

Regarding the re-lodging aimed at the acquisition of dwellings, the City Council contributes a 20 per cent lost fund, the INH with 40 per cent and the remaining 40 per cent at the expense of the applicant, supported by a loan of "Caixa Geral de Depósitos" bank. The prices depend on the typology and area of the country. The maximum acquisition prices in 1998 were defined in the provisions of decree nº 540/98.

In addition, for those who wish to buy a dwelling, the Housing and Building Co-operative Societies build houses at a regulated cost. To have access to these houses it is necessary to became a partner of a Co-operative Society paying a low monthly fee. When the buildings are finished, people apply for their chosen dwelling and the selection is done according to their means of income.

In addition, there are other entities which may promote housing at a regulated cost, such as Private Institutions of Social Solidarity; City Councils; Private and Public Institutions without lucrative purposes; Construction Work Private Societies; and Municipal Societies.

Any specific programme covering the situation of aliens in precarious situation is dealt with by these bodies. In cases where they are included in the city council’s census, they will accede to the mentioned programmes under the same conditions as nationals. If it is not the case, it remains for them to buy a house under normal conditions.

MINIMUM GUARANTEED INCOME ("RMG")

Any alien with legal residence in Portugal can apply for the Minimum Guaranteed Income and must present, at the time of the request, one photocopy of the Residence Permit (See Law 19-A/96 of 29th June, legal appendix - Minimum Guaranteed Income).

It is important to stress that the Minimum Guaranteed Income is not just a benefit rendered, it is part of a social assistance programme which is intended to help its beneficiaries and their households in vocational and rehabilitation training, employment, health, education, housing and justice areas.

Centro de Acolhimento do Exército de Salvação (Reception Centre)

Rua da Manutenção, 7

1900 Lisboa

Tel. (01) 868 09 08

Fax. (01) 868 09 13

O Companheiro - Associação de Fraternidade Cristã

Av. Marechal Teixeira Rebelo

1500 Lisboa

Tel. (01) 716 00 69/ (01)716 64 73

Fax. (01) 715 57 57/ (01)716 64 72

Serviço de Emergência Social da Santa Casa da Misericórdia de Lisboa (Social Emergency Service)

Rua de S. Boaventura, n.1 5

Convento dos Inglesinhos ao Bairro Alto

1200 Lisboa

Tel. (01) 342 05 21

Fax: (01) 342 05 49

Câmara Municipal de Lisboa (Lisbon City Council)

Pelouro da Habitação (Atendimento)

Rua do Ouro, n.1 49, 4.

1100 Lisboa

Tel. (01) 322 70 00

Fax: (01) 322 70 18

Instituto de Gestão e Alienação do Património (The State Management and Alienation of Housing Heritage Institute)

Av. 5 de Outubro, n.1 153

1093 Lisboa

Tel. (01) 795 75 75

Fax: (01) 311 32 80

Instituto Nacional de Habitação (National Institute of Housing)

Av. Columbano Bordalo Pinheiro, n.1 5,

1070 Lisboa

Tel. (01) 726 65 52

Fax: (01) 726 07 29

Decree-Law 226/87 of 6th June 1987

Regarding the implementation of social housing programmes between IGAPHE, INH and the city councils.

Normative Dispatch of 26th June 1987

Regulates Decree-Law 226/87

Decree-Law 163/93 of 7 th May 1993

Establishes a Special Programme for Re-lodging in the metropolitan areas of Lisbon and Porto

Decree-law 30/97 of 28th January 1997

Changes the legal competence of the IGAPHE to the INH under the PER in the metropolitan areas of Lisbon and Porto and the municipal re-lodging programmes.

NATIONAL COMMISSION OF MINIMUM INCOME, "Guia de Recursos para Apoio aos Programas de Inserção", Ed. "Gabinete Técnico de Apoio à Comissão Nacional do Rendimento Mínimo" s/l., s/d.
 

That already mentioned in the Reception chapter concerning health, remains valid for refugees with their legal situation in order. However, there is some additional information regarding this group that may be relevant for their social assistance. It is as follows:

According to decree-law 54/92 of 11th April, article 2, paragraph g, (see legal appendix – Health) individuals who benefit from an allowance due to a situation of need are exempt from the payment of a small fee. ("taxa moderadora").

The same will apply to pregnant women, unemployed persons registered with Employment Centres (in this case the Residence Permit is required) and their dependants (see legal appendix – Health).

• All these provisions may be invoked regarding aliens. Social Security, one of the official institutions rendering allowances, issues a declaration of exemption valid for one year and renewable until the situation justifying it ceases to exist. The users must present it at the Health Centre of their residential area, which will then issue a user card, on order to have access to any public health unit.

Medical assistance for children

Children under 12 years old are released from the Declaration of Exemption, having immediate access to the National Health Service (see decree-law 54/92 of 11th April, article 2, paragraph b, legal appendix – Health).

 
Minimum Guaranteed Income ("RMG")

Any alien with legal residence in Portugal can apply for the Minimum Guaranteed Income and must present, at the time of the request, one photocopy of the Residence Permit (See Law 19-A/96 of 29th June, legal appendix - Minimum Guaranteed Income).

It is important to stress that the Minimum Guaranteed Income is not just a benefit rendered, it is part of a social assistance programme which is intended to help its beneficiaries and their households in vocational and rehabilitation training, employment, health, education, housing and justice areas.

Centro de Acolhimento do Exército de Salvação (Reception Centre)

Rua da Manutenção, 7

1900 Lisboa

Tel.: (01) 868 09 08

Fax: (01) 868 09 13

O Companheiro - Associação de Fraternidade Cristã

Av. Marechal Teixeira Rebelo

1500 Lisboa

Tel. (01) 7160069/ (01) 7166473

Fax. (01) 7155757/ (01) 7166472

Fundação AMI (AMI Foundation)

Porta Amiga - Olaias

Rua Américo Durão, lote E, Lojas 8 e 9

1900 Lisboa

Tel. (01) 849 80 19

Sanitae

Rua da Graça, 65-C

1170 Lisboa

Tel.(01) 8877245

Fax. (01) 757 33 96

Serviço de Emergência Social da Santa Casa da Misericórdia de Lisboa (Emergency Social Service of the Santa Casa da Misericórdia)

Rua de S. Boaventura, n. 5

Convento dos Inglesinhos ao Bairro Alto

1200 Lisboa

Tel. (01) 3420521

Fax: (01) 3420521

NATIONAL COMMISSION OF MINIMUM INCOME, "Guia de Recursos para Apoio aos Programas de Inserção", Ed. "Gabinete Técnico de Apoio à Comissão Nacional do Rendimento Mínimo" s/l., s/d.
 

Two essential questions are pointed out:

• access to a professional activity;
• its performance.

Law 20/98 of 12th May (see legal appendix- employment) differentiates 3 groups of foreign citizens:
 

• Citizens from the European Economic Area
• Citizens from countries establishing equality of treatment as accorded to national citizens;
• Non-community foreign citizens without special agreements.

According to article 17 of the Geneva Convention the most favourable treatment accorded to nationals of a foreign country shall be accorded to refugees in the same circumstances. The most favourable regime in Portuguese Law applies to community citizens (3).

Decree-Law 43 201, article 3, ratifying the Convention, makes a reservation establishing that:

In any case, the clause of the Convention providing the most favourable treatment to refugees as accorded to nationals of a foreign country, will not be interpreted to include the nationals of Brazil, a country with which Portugal maintains a specific relationship.

Presently, Brazilian immigrants enjoy the same treatment as community citizens with regard to the performance of a professional activity. This means that the regime regarding aliens in general is applied to refugees. This reservation does not include refugees:

• who have resided in the country for more than 3 years;
• whose spouse possesses the nationality of the country of residence;
• who have one or more children possessing the nationality of the country of the residence;

According to article 2 of this instrument, aliens lawfully staying in the territory benefit from the same working conditions in the exercise of their activity as those of nationals. What actually differ are the terms of access.

The law differentiates between and recognises a hierarchy with 3 regimes of access to dependent employment:

• regime for citizens of the community;
• regime for non-community citizens with agreements establishing equality of treatment as national citizens, regarding unrestricted performance of professional activities;
• regime for non-community citizens without agreements.

Regarding the most favourable regime applying to community citizens (comparable to nationals) and immigrants of Brazilian origin in the same circumstances, the workers

• find themselves in a position of formal freedom (are able to make a written or verbal contract);

• are not required to deliver a copy of the contract to, or dependant on, the authorisation of the Institute of Development and Working Conditions Supervision ("Instituto de Desenvolvimento e Inspecção das Condições de Trabalho" – IDICT);
• are only obliged to register their name on the personnel list of the employer, as are other employees.

In order for an alien to have access to work, it is necessary that:

• The contract is made in writing;

• shall present a document certifying the fulfilment of legal provisions with regard to entrance and sojourn of aliens;

• shall deliver the contract to the IDICT which, within 30 days, shall ascertain its approval or refusal;
• shall register the employee’s name on the personnel list;
• shall inform the IDICT in writing within 15 days about the starting and finishing dates of the contract (indicating the nationality, professional category and functions of the worker as well as the date from which it will take effect.

Aliens without a residence permit are allowed to perform a professional activity. Work is a valuable instrument. However, the starting of a professional activity is not always a necessary consequence of the possession of a residence permit.

It is often necessary to guide a person to professional re-qualification programmes, training courses, vocational support and none of these proceedings is available without a residence permit (AR), or even a temporary residence permit (ARP).

As another resort, there are the Centres of integration into Active Life ("Unidades de Inserção na Vida Activa" – UNIVA), Employment Clubs, working in several social solidarity associations, Employment Centres of The Employment and Professional Training Institute ("Instituto de Emprego e Formação Profissional"- IEFP) and temporary employment agencies.

The "Instituto de Emprego e Formação Profissional" (IEFP)

The IEFP’ headquarters are located in Lisbon but there are Regional Delegations distributed all around the country which include Employment Centres.

The applicants shall contact the Centre of their area of residence where they can register.

These Centres process the supply of jobs, this is, they immediately integrate those qualified into the labour market. The Centres also provide guidance, training and/or professional re-qualifications for those who are not already qualified to perform an activity.

The action of the IEFP regarding professional training is done through Professional Training Centres with either a Direct Management, which is directly involved in the training or a Shared Management, whereby the Training Centres do not belong to the IEFP but are connected with it and this institute has a share in its funding.

 
Temporary Employment Agencies

Temporary employment agencies work as intermediates between employers and employees, thus between job supply and demand, providing employment for a limited period.

Contact with these organisations can be made by applicants with legal status in two ways. Firstly, the applicants can present themselves in person to these companies however to register it is necessary to provide the residence permit, academic and professional qualifications certificates, tax contributor card ("cartão de contribuinte), social security card and in certain cases a photograph. Secondly, by contacting the agency as a result of an advertisement.

The labour agreement is a regular contract (in accordance with the aliens law regime) restricted to the area the individual has applied for and for a limited period. The renewal of the labour agreement for more than one year is not allowed.

Subject to the company, once registered the labour agreement may be kept on file indefinitely, but the applicants are required to update their file-card.

The applicants are allowed to get other jobs while they are not working through the temporary employment company.
 

Minimum Guaranteed Income ("RMG")

Any alien with legal residence in Portugal can apply for the Minimum Guaranteed Income and must present, at the time of the request, one photocopy of the Residence Permit (See Law 19-A/96 of 29th June, legal appendix - Minimum Guaranteed Income).

It is important to stress that the Minimum Guaranteed Income is not just a benefit rendered, it is part of a social assistance programme which is intended to help its beneficiaries and their households in vocational and rehabilitation training, employment, health, education, housing and justice areas.

O Companheiro - Associação de Fraternidade Cristã *

(Employment and professional training)

Av. Marechal Teixeira Rebelo

1500 Lisboa

Tel. (01) 716 00 69 / (01) 716 64 73

Fax. (01) 715 57 57 / (01) 716 64 72

Fundação AMI (AMI Foundation)

Porta Amiga - Olaias

Rua Américo Durão, lote E, Lojas 8 e 9

1900 Lisboa

Tel. (01) 849 80 19

Instituto de Emprego e Formação Profissional (The Employment and Professional Training Institute)

Serviços de Coordenação

A Av. José Malhoa, 11

1070 Lisboa

Tel. (01) 727 31 23 / 727 25 36

Fax: (01) 726 57 55

A Rua de Xabregas, n. 52

Tel. (01) 868 29 67

Fax. (01) 868 62 18

The Employment Centres and the IEFP’s Professional Training Centres are distributed by Regional Delegations.

To get more information about the Professional Training Centres with Shared Management please contact the IEFP.

* To have access to Professional Training it is necessary to hold a Residence Permit.
 

COMISSÃO NACIONAL DO RENDIMENTO MÍNIMO, Guia de Recursos para Apoio aos Programas de Inserção, Ed. Gabinete Técnico de Apoio à Comissão Nacional do Rendimento Mínimo. S/L., S/D.

Regarding access to education, it is necessary to differentiate between:

• the situations of school age individuals;
• the situations of adults who

• wish to complete compulsory schooling;
• wish to follow their studies or to perform a professional activity;
• wish the recognition of the education received in their country of origin.

This means that school age individuals possessing documentation proving the education received in their country of origin, shall apply for recognition of their studies in order to be integrated into the Educational System.

In cases where they do not possess the required documentation, they shall address themselves in accordance with their level of education to the Department of Basic Education ("DEB") or to the Department of Secondary Education ("DES") asking for a diagnostic test in order to be integrated into the Portuguese Educational System.

Parallel to integration into the educational structure of the reception country, a lack of knowledge of the language is to some extent an obstructive factor to good learning progression.

Article 16 of Decree-Law 219/97 on the regime of recognition of equivalent qualifications and of academic degrees provides the following:

1. Applicants who are integrated into the national educational system through a recognition of equivalent qualifications process shall benefit from pedagogical support suitable to their situation (...)

 

2. The pedagogical support shall focus on eliminating the difficulties experienced by the student, namely mastership of the Portuguese language.
3. To accomplish the above mentioned, the educational institution shall do a diagnostic evaluation of the student followed by an individual monitoring plan.

The Ministry of Education is planning to put into practice the above mentioned provisions through a project providing extra Portuguese Language classes for foreign students in public schools.

Request for recognition of equivalent qualifications

This request can be made in the following situations:

• to continue studies;
• to be appointed as employees of the state:
• military purposes;
• to attend courses for the completion of education;
• to perform a professional activity;
• other purposes.

Recognition of academic degrees

Exceptionally, in the case of recognition of academic degrees, the decision is taken by a Superior Educational Institution. Only the State Superior Educational Institutes have the competence to recognise academic degrees.

The request can be submitted only once to a single educational institute.

The documentation presented must be authenticated in accordance with the decree-law 219/97, article 7, paragraph 3.

The request shall enclose the document certifying the qualifications which has to be authenticated by the Portuguese embassy or consulate in the area or the foreign country embassy or consulate in Portugal or with an annotation regarding the countries parties to The Hague Convention of 5th October 1951.

With respect to adults who wish to complete their education, either, learning to read and write, complete compulsory education or simply to continue their studies (10th, 11th and 12th school years), there are two options: public schools and private schools.

In both cases and in order to obtain certified education it is necessary to hold a Residence Permit.

In the private sector there are different educational institutes running specific courses, both during the day and at night.

To get more information, people must contact the Information and Public Relations Centre of the Ministry of Education ("CIREP ").

Any foreign citizen with legal residence in Portugal has access to a superior level of education under the same conditions as nationals.

Minimum Guaranteed Income ("RMG")

Any alien with legal residence in Portugal can apply for the Minimum Guaranteed Income and must present, at the time of the request, one photocopy of the Residence Permit (See Law 19-A/96 of 29th June, legal appendix - Minimum Guaranteed Income).

It is important to stress that the Minimum Guaranteed Income is not just a benefit rendered, it is part of a social assistance programme which is intended to help its beneficiaries and their households in vocational and rehabilitation training, employment, health, education, housing and justice areas.
 
 

Ministry of Education

A Centro de Informação e Relações Públicas (CIREP) (Information and Public Relations Centre)

Av. 5 de Outubro, n. 107

1000 Lisboa

Tel. (01) 793 50 14

or

Av. 24 de Julho, n. 134 C

1350 Lisboa

Tel. (01) 397 71 81

A Departamento da Educação Básica (Department of Basic Education)

Av. 24 de Julho, n. 140,

1350 Lisboa

Tel. (01) 393 80 00

Fax: (01) 395 79 38

A Departamento do Ensino Secundário (Department of Secondary Education)

Av. 24 de Julho, n. 138

1350 Lisboa

Tel. (01) 393 80 00

Fax: (01) 797 50 59

A Departamento do Ensino Superior (Department of Superior Education)

Av. Duque d'Ávila, n. 137

1000 Lisboa

Tel. (01) 354 72 70
 

NATIONAL COMMISSION OF MINIMUM INCOME, "Guia de Recursos para Apoio aos Programas de Inserção", Ed. "Gabinete Técnico de Apoio à Comissão Nacional do Rendimento Mínimo" s/l., s/d.
 

 Office of the United Nations High Commissioner for Refugees (Dra. Mª Luísa Bugalho)

The Parliament – "Assembleia da República" (Dra. Susana Amador)

Guinean Association of Social Solidarity "Associação Guineense de Solidariedade Nacional" (Dr. António Veiga)

Lisbon City Council – "Câmara Municipal de Lisboa" (Dr. Vasco Franco)

(Sr. Fernando Silva)

Brazil House – "Casa do Brasil" (Dr. Carlos Viana)

The Information and Social Documentation Centre of the Ministry of Labour and Social Solidarity – "Centro de Informação e Documentação Social do Ministério do Trabalho e da Solidariedade Nacional (Dra. Mª. do Patrocínio Delgado)

Regional Centre for Social Security – "Centro Regional de Segurança Social" (Dra. Elsa Ferrão) (Dra. Luísa Martins) (Dra. Mª. Agostinha Rosa)
Commission for Co-ordination of the Alentejo and Estremadura Region – "Comissão de Coordenação da Região do Alentejo e Estremadura" (Dr. José Ernesto de Oliveira)

Standing Commission for Integration of the Timor Community – "Comissão Permanente para a Inserção da Comunidade Timorense" (Dra. Teresa Abrantes)

"O Companheiro" (Dra. Lucinda Neto)

The Salvation Army – "Exército de Salvação" (Dra. Célia Silva – Reception Centre)

(Major Rute de Sá)

(Major Tomás de Sá)

The AMI Foundation (Dra. Margarida Martins)

(Dra. Ana Martins)

The Church of Campo Grande (Dra. Julieta Valente)

INDE – Intercooperação e Desenvolvimento (Dr. Arnaud de la Tour)

(Dr. Samuel Esteves)

The Employment and Professional Training Institute – "Instituto de Emprego e Formação Profissional" (Dra. Luísa Ressa de Amorim)

The State Management and Alienation of Housing Heritage Institute - "Instituto de Gestão e Alienação do Património Habitacional do Estado" (Dr. Muñoz Miguez)

The National Housing Institute – "Instituto Nacional de Habitação" (Dra. Rute Trindade)

"Jurinfor" (Dra. Sandra Gonçalves)

"Obra Católica Portuguesa para as Migrações" (Dra. Maria de Lurdes Baltazar)

"Santa Casa da Misericórdia de Lisboa" – Emergency Social Service (Dra. Fátima Coelho)

Aliens and Border Service – Division of Refugees – "Serviço de Estrangeiros e Fronteiras – Divisão de Refugiados" (Dr. Jorge Portas) (Dr. Pedro Matos)

SOS Racism (Dra. Anizabela Amaral)

CIMADE (coord.), Guide Pratique du Réfugié, December 1994

COMISSÃO NACIONAL DO RENDIMENTO GARANTIDO, Guia de Recursos para Apoio aos Programas de Inserção, Ed. Gabinete Técnico de Apoio à Comissão Nacional do Rendimento Mínimo.

COMITÉ DE LIAISON ET D’ACTION DES ÉTRANGERS, Vivre au Luxembourg – Guide d’accueil, Ed. CLAE, Luxemburg, 1997

CONSELHO PORTUGUÊS PARA OS REFUGIADOS, O asilo em Portugal, Ed. The Portuguese Refugee Council, Lisbon, 1994, 2 vols.

INSTITUTO DE GESTÃO E ALIENAÇÃO DO PATRIMÓNIO, Manual de Habitação, Ed. IGAPHE, Lisbon, 1995.

MAIRIE DE PARIS, Paris pour l’insertion – Guide Pratique, Paris, 1995.

S/A, Vivre en Belgique, l’accueil des demandeurs d’asile, des réfugiés et des étrangers – Guide, Ed. Ciré . 1995

UFFICIO RELAZIONE PUBLICHE CONSIGLIO ITALIANO PER I REFUGIATI. Refugiado. Ed. Ufficio Relazione Publiche Consiglio Italiano, Rome.

WORLD UNIVERSITY SERVICE (UK), Refugee Education and Training Handbook, London, Ed. World University Service, 1994.
 

(2) Please see the HEALTH item in the chapter concerning Reception.

(3) Citizens from European Union countries.

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