Portugal's new Foreigners Law is here

Yesterday, the new Foreigners Law was officially published in the Diário da República and came into force today, October 23rd. The publication follows its approval by the President of the Republic last week. Until now, only news reports were available, but we finally had access to the full text of the law.

These changes mark an important change in Portugal’s immigration policy. After the Constitutional Court rejected a previous version, the new text was adjusted and approved by the Parliament and the President. The main goal is to reduce irregular and low-skilled immigration and improve Portugal’s Immigration Authority AIMA’s capacity to operate effectively.

It is important to emphasize that the law does not aim to make regular immigration more difficult. Everyone that applies for residence visas, with a job, income, or investment, can continue to do so in the exact same conditions as before this new law. The focus was on stopping irregular and/or unsustainable entries so that the system can function better and better serve the ones who follow the proper legal process.

Main Changes

Job-Seeking Visa limited to highly qualified professionals

The job-seeking visa, previously available to all sorts of workers,but now will be restricted to highly qualified professionals. For now, there isn’t any list of highly qualified professions but it’s expected that the Government will publish one soon.

End of CPLP residence applications inside Portugal

Citizens from CPLP countries such as Brazil, Angola, and Mozambique will no longer be able to enter as tourists and later apply for a residence permit. From now on, they must apply for a residence visa before traveling. The CPLP residence title still exists but will only be granted to those who enter with the correct visa.

Stricter family reunification rules

Couples without children must now prove at least 15 months of legal residence before applying for family reunification, and AIMA will have up to nine months to respond. Couples with children, and holders of highly qualified visas or Golden Visas, can still apply immediately. They can still bring their family members under the usual family reunification process, and visa procedures remain the same. Residency Visa requesters can still bring their family members under their visa application so nothing changes in that sense.

New rules for court actions against AIMA

Immigrants who want to take legal action against AIMA will have to show that the delay seriously affects their rights and that no other legal solution is available. Judges can now also take into account AIMA’s capacity when making decisions. This measure aims to reduce the large number of court cases that have slowed down the system.

Concluding remarks

The new law is meant to bring balance to the system, not to close Portugal’s doors. By focusing on preventing irregular entries and applications without real means of support, it should help free AIMA’s resources and make the process faster for those who come through regular, planned migration.

In practice, most of our clients who come with residence visas will not be affected. As mentioned, they can still bring their family members under the usual family reunification process, and visa procedures remain the same.

We don’t agree with the new restrictions on access to the courts but we understand that the number of legal actions had become excessive and was harming the efficiency of the system.

Overall, this law aims to ensure that Portugal remains open to regular immigration, while creating a more manageable and fair process for those who follow the correct legal path.

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