From next month, employers and sponsors in Portugal will be financially liable for immigrant workers should they fall foul of the law, including bearing the costs of deportation proceedings.
Starting Nov. 4, Portugal’s Agency for Integration, Migrations, and Asylum (AIMA) will require employers to sign Terms of Responsibility for immigrant workers, making them responsible for their employee’s actions.
The regulation change announced on Tuesday means that employers and other sponsors who legally assume responsibility for immigrants will bear any adverse costs associated with their stay in Portugal, including travel expenses if the immigrant fails to secure a residence permit or breaks the law.
Under this new mandate, all Terms of Responsibility must include a notarized signature. The measure particularly impacts businesses that hire foreign workers, formalizing their obligation to cover various legal and financial risks related to the immigrant’s stay in Portugal.
The updated regulation is an extension of the Foreigners Law and was modified in June 2023 to grant AIMA broader authority over responsibility agreements, Publico reports.
AIMA’s statement clarified that the signatory becomes liable for all costs incurred during the immigrant’s stay, including potential repatriation.
Legal expert Vanessa Bueno told the Portuguese news outlet that this formalization will help ensure clarity and accountability. According to Bueno, the notarization requirement institutionalizes a practice that has typically required informal verification, noting, “AIMA, with its statement, wants to institutionalize the topic, which is natural.”
She added that these documents also serve as an alternative to proof of financial means for visa applicants, especially those from other Portuguese-speaking countries who come to Portugal for employment opportunities.
Additionally, the updated Terms of Responsibility include obligations that may extend to funeral expenses in the event of an immigrant’s death in Portugal.
“Therefore, it is necessary to always be aware of the responsibilities assumed,” said Bueno, urging employers and individuals to consider the far-reaching commitments of signing such documents.
