Case Examples Demonstrating the Impact of SIS Alerts on Safe Immigrants:
The following real-life scenarios represent the kind of cases that are increasingly common in Portugal. They illustrate how SIS alerts, often added for administrative or non-criminal reasons in other Member States, negatively affect the lives of immigrants who are otherwise fully integrated into Portuguese society.
Case A – Long-term worker with stable employment:
An individual originally entered Portugal after briefly passing through another Schengen country, where an asylum application was submitted and later rejected. Despite never being involved in any criminal activity, that country entered an SIS alert after the person had already started legal procedures in Portugal. Today, this individual works full-time under a legal contract, pays social security, and contributes taxes. Still, the residence process remains blocked only due to that alert — even though no risk exists and the person is fully integrated.
Case B – Family Integration and Children in Portuguese Schools:
Another immigrant facing a SIS alert has lived in Portugal for several years with their spouse and children. The children attend public school, speak fluent Portuguese, and the family is fully settled. Yet, the residence permit request is pending indefinitely due to the SIS alert, causing instability and deep psychological stress for the entire family. No public interest is served by continuing to block their legal status.
Case C – Entrepreneur and Community Contributor:
A small business owner has been running a legal enterprise in Portugal, employing local residents and contributing to the economy. This person cannot legalise their residence status despite an SIS alert that was entered years ago in another country for overstaying a visa — not a criminal issue. This results in administrative hardship, even though their presence benefits Portuguese society.
Human Rights Principles and International Obligations:
Portugal is bound by EU regulations and national law as well as fundamental human rights principles that protect every individual’s dignity, family life, and right to fair treatment.
Right to Family Life and Private Life – Article 8 of the European Convention on Human Rights (ECHR):
SIS alerts that prevent residence permits for immigrants already integrated in Portugal can violate their right to family and private life. When a person has established roots, is raising a family, or has meaningful social ties in Portugal, denying them legal status purely based on an external alert, without individual risk assessment, goes against the ECHR obligations.
Principle of Proportionality and Non-Discrimination – Charter of Fundamental Rights of the European Union (Articles 20, 21, and 52):
Every public decision must respect proportionality. Applying SIS alerts automatically and rigidly, without considering personal circumstances or integration level, is not proportionate. It leads to discrimination against individuals who have contributed positively to society but are mistreated due to administrative decisions in other states.
UN Human Rights Principles – Right to Legal Identity and Recognition:
International human rights frameworks emphasize giving individuals legal identity and access to regular status. Portugal has the discretion and moral responsibility to regularize residents who are already part of the social and economic fabric of the country — especially when there is no threat posed by the individual.
Conclusion of This Section:
Portugal has the legal tools, ethical duty, and international responsibility to protect safe immigrants from being treated as security threats based on outdated or unjustified SIS entries. Such decisions must reflect individual assessment, not blanket refusals.
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