What rights do I have “without papers” in Portugal?

Access to healthcare:

emergency healthcare is provided to everyone, regardless of their immigration status. Non-emergency healthcare, such as regular check-ups or specialized treatments, is also provided to non-regular migrants that have been living in Portugal for more than 90 day. Proof that you have been living in Portugal for more than 90 days is provided by the local parish (Junta de Freguesia).

However, migrants without papers are generally required to pay for the care they receive. In the following cases, the full cost of care is not necessary :

• urgent and vital health care,
• diseases that pose a danger or threat to public health (e.g., tuberculosis),
• maternal and child health and reproductive health care,
• health care for minors residing in Portugal,
• required vaccination,
• foreign citizens in a Family Reunification situation when someone in the household makes the duly Social Security discounts, and
• citizens in proven situation of economic need.

Education

Children have the right to access education, including primary and secondary education, regardless of their immigration status. Education is considered a fundamental right and all children, irrespective of their legal status, can attend public schools. All children born on or after September 1, 2021 are entitled to free childcare.

Legal protection:

While undocumented people may not have the same legal rights as documented residents, they are entitled to basic human rights and protection under Portuguese law. These rights include protection against discrimination, protection against physical or verbal abuse, and access to justice.

Labor rights:

Undocumented people may face limitations in terms of their employment rights. However, all workers, regardless of their immigration status, are entitled to certain fundamental labor rights, such as a safe working environment and fair wages.

That said, in reality, the employment situation for undocumented people in Portugal may be degrading and, generally, worse than the situation of documented workers. Being so, be aware that undocumented immigrants can regularize their situation through employment, as it will be explained in the following section.