Several foreign citizens were denied access or lost social benefits because the Social Security Institute considered them irregular in the country, despite the exceptional regulations in force on permanence in national territory, warned the Ombudsman’s Office.
The Ombudsman, Maria Lúcia Amaral, reported this Friday that she sent “an alert” to the top managers of the Social Security Institute (ISS) and the Immigration and Borders Service (SEF) after “having received several complaints from foreigners” who were denied access to a social benefit or lost the right to receive it on the grounds that they were in Portugal irregularly.
Two examples are given in the letter sent, firstly, a foreign woman who applied to receive the prenatal subsidy on February 26, 2022 and submitted the receipt for the expression of interest on March 1, 2020, but who saw the application rejected by the ISS on the grounds that the receipt was only valid for one year.
The expression of interest is an administrative procedure carried out before the SEF by any foreign citizen who has entered Portugal legally and is registered and in good standing with Social Security and has an accredited employment relationship.
The other situation refers to a foreign citizen who received the Social Insertion Income (RSI) and whose benefit was suspended because the ISS considered that he was at the “Limit of the Residence Authorization Title” whose date was November 9, 2021.
“According to the then-current version of Decree-Law no.
He adds that the foreign citizen was also suggested to make an appointment online with the SEF when the “regular stay in the national territory was ensured by virtue of the current exceptional regime.”
Maria Lúcia Amaral also puts this case as an example of the lack of knowledge of the proper procedures, taking into account that the appointment with the SEF is made by phone and not by internet.
Faced with these and other cases, which the Ombudsman does not quantify, Maria Lúcia Amaral maintains that “a review of the procedures adopted by the services is imperative, in order to avoid the suspension of social benefits or their rejection, without prior investigation. .of the eventual applicability of the safeguard norms regarding the regularity of the permanence of the citizens in the national territory”.
The Ombudsman takes the opportunity to remind you that the documents and visas related to the stay in national territory that have expired will continue to be accepted until December 31, 2022 and even after that date “provided that the holder proves that he has already scheduled the respective renewal.”
It also highlights that for all pending applications in the SEF made until December 31, 2021 proof of the appointment or receipt of the order placed is valid certify the regularity of permanence in the national territory.
Maria Lúcia Amaral also defends that in the evaluation of this type of cases, the ISS must take into account other types of data, taking into account “the difficulty derived from the lack of vacancies for programming in the SEF services”.
“At the moment, cases are being scheduled in which the respective expressions of interest were accepted in September 2020,” says the provider.
Finally, the Ombudsman suggests a “close articulation” between the ISS and the SEF and that social security knows the procedures in question to make a “judicial decision adjusted to the interests in question.”
Source: Observadora
