Decreto-Lei n.º 62/2018

Publicação: Diário da República n.º 150/2018, Série I de 2018-08-06
  • Emissor:Presidência do Conselho de Ministros
  • Entidade Proponente:Ciência, Tecnologia e Ensino Superior
  • Tipo de Diploma:Decreto-Lei
  • Número:62/2018
  • Páginas:3796 - 3803
  • ELI:https://data.dre.pt/eli/dec-lei/62/2018/08/06/p/dre/pt/html
Versão pdf: Descarregar

Summary in plain english (Without legal value)

What is it?

This decree-law:

  • creates rules for foreign refugees or victims of human trafficking crimes and illegal immigration to access higher education in Portugal
  • clarifies the rules for international student access to higher education.

Foreign refugees are people who are in humanitarian emergency situations — coming from places where there is war, natural disaster, widespread violence or human rights violations — that require a humanitarian response.

International students are students who:

  • do not have Portuguese nationality
  • are not nationals of a Member State of the European Union
  • have not lived legally in Portugal for more than two years in a row, counting until 1 January of the year in which they wish to enter higher education
  • are not relatives of Portuguese citizens or citizens of a Member State of the European Union
  • do not enjoy the status of equal rights and duties assigned by any international treaty signed by Portugal and the country of their nationality.

What will change?

A special scheme for refugee students will be created

Refugee students will receive the same treatment as international students, with a few differences justified by their situation. This treatment will have impact in 4 main areas:

1. Access to higher education

The existing special rules of access to higher education for international students will apply to refugee students:

  • access to degrees and integrated master’s degrees will be done according to the special application defined in this decree-law
  • access to professional higher education technical courses, masters and PhDs will be done according to rules defined by the institution of higher education in question.

2. Openings for international students

Higher education institutions will set the number of openings for international students every year. They can open more places than initially defined for that year if:

  • there are more applicants than the vacancies initially defined
  • there are teachers and conditions to teach more students without having to hire more staff
  • they comply with the limits that were set when the courses were authorized.

The openings can be put up for application at different times for students from different countries.

3. Tuition fees

Refugee students will pay the same fees as Portuguese students.

4. Social action

Refugee students can benefit from the same support as Portuguese students, both from direct and indirect social action.

International students will receive specific treatment

International students will receive specific treatment, especially if they come from countries with which Portugal has a privileged relationship. This treatment will have impact in 4 main areas:

1. Access to higher education

International students will enter higher education through a special application with different rules from those applied to Portuguese or European Union students.

Access to higher education under the same conditions as Portuguese students will apply to:

  • foreign students that have Portuguese relatives or relatives from European Union countries
  • foreign students with the status of equal rights and duties assigned by an international treaty signed by Portugal and the country of their nationality.

2. Openings for international students

Higher education institutions will set the number of openings for international students every year. They can open more places than initially defined for that year if:

  • there are more applicants than the vacancies initially defined
  • there are teachers and conditions to teach more students without having to hire more staff
  • they comply with the limits that were set when the courses were authorized.

The openings can be put up for application at different times for students from different countries.

3. Tuition fees

Tuition fees for international students will be fixed by the higher education institutions they attend, taking into account the real cost of training and the amounts set by other Portuguese and foreign schools. These tuition fees cannot be lower than the maximum fee set by law for that course.

4. Social action

International students will benefit from indirect social action.

What are its benefits?

This decree-law is intended to:

  • promote access to higher education for refugee students in Portugal
  • ensure that the rights of international students are respected during all stages of their course in Portuguese higher education.

When does it come into effect?

This decree-law comes into effect the day after being published.

However, the rules establishing access to higher education under the same conditions as the Portuguese students will only apply from the school year 2019-2020 to:

  • foreign students that have Portuguese relatives or relatives from European Union countries
  • foreign students with the status of equal rights and duties assigned by an international treaty signed by Portugal.

This text is intended to present the content of the legal act in accessible, plain and understandable language for citizens. The summary of the legal act in plain language has no legal value and does not replace the consultation of the legal act in the Diário da República.