On Thursday, October 16, 2025, a new law was enacted that substantially amends the Foreigners Law in Portugal, as well as the legal framework governing immigration and the stay of foreigners in Portuguese territory. This document summarizes the main changes, highlights the implications for foreigners and outlines key precautions and opportunities for those interested.
1. Context and Purpose
The new version of the Foreigners Law marks the 19th reform of this legal regime, aimed at “regulating immigration” in a more restrictive and efficient manner. The law emerges in a context of political pressure to control migration flows, address issues such as family reunification, work visas, and the regularization of foreigners, as well as respond to criticism regarding the administrative burden on the Agency for Integration, Migration and Asylum (AIMA).
The new regime was revised following partial vetoes or rejections of previous versions due to violations of the Portuguese Constitution, which is why the current text seeks to comply with the Constitutional Court’s requirements.
2. Key Changes
Some of the most relevant changes that require attention include:
2.1 Ban on Regularization After Entry – “Entering as Tourist + Applying for Residency”
One of the central changes is the end of the possibility for a foreign national to enter the country on a short-stay visa (e.g., as a tourist) and subsequently apply for a residence permit or authorization to stay. The immigration process must now begin in the country of origin or with an appropriate visa from the outset.
This measure aims to curb “in-country regularization” practices and clearly alters the previously regime with immediate practical effects.
2.2 Job-Seeking Visa Restricted to “Highly Qualified” Individuals
The new text significantly narrows the scope of the open job-seeking visa – which previously allowed entry into Portugal for the purpose of finding employment – by establishing that only workers with “high qualifications” can use this mechanism.
A joint ministerial order will define which professions are included. For all other professions, the foreign worker must have a job offer or employment contract before entering Portugal.
2.3 Changes to Family Reunification
The family reunification regime has also been amended:
- For couples without minor children, the applicant must now have a minimum of 15 months of legal residence before applying for a residence permit for their spouse.
- For family members not yet in Portugal, in many cases the applicant must have two years of legal residence before submitting the request.
Exceptions apply to holders of residence permits for highly qualified professionals or investors (e.g., the “golden visa” regime) or when there are dependent minor children.
In short: access to family reunification has become more demanding, which impacts immigrant families planning to bring dependents to Portugal.
2.4 Visa for CPLP Nationals and Other Specific Regimes
The possibility for citizens of CPLP (Community of Portuguese Language Countries) nations to enter Portugal on a tourist visa and then apply for a residence permit under the agreement has been discontinued. Now, the residence permit application can only occur if the individual entered the country with a residence visa from the beginning.
This change, which has a significant impact on Brazilians and other Portuguese-speaking nationals, ends a relatively flexible migration pathway that had been in use.
2.5 AIMA’s Competence and Judicial Oversight
Another noteworthy point: under the new regime, an applicant may only initiate legal action against AIMA or other authorities if they can demonstrate that the inaction or delayed response “seriously and directly compromises, in a proven manner, the timely exercise of personal rights, freedoms, and guarantees.”
Moreover, the courts may now consider AIMA’s lack of human or material resources when assessing delays, introducing a new dynamic to judicial oversight.
3. Main Impacts and Practical Implications
For foreigners these changes carry several notable consequences:
- Those intending to emigrate to Portugal will need to plan ahead, as it will no longer be possible to enter on a tourist visa and regularize later.
- Entry pathways via employment will now favor highly qualified professions; lower-skilled roles will face increased barriers.
- Families planning reunification must now wait longer and meet stricter requirements regarding the applicant’s prior residence.
- Law firms must carefully advise clients on the timing of entry, the appropriate type of visa, and compliance with pre-entry requirements.
- Institutionally, AIMA and other authorities are expected to manage immigration flows more strictly, which may result in more documentation demands and varying processing times.
- Strategically, it becomes even more crucial to ensure that ties to Portugal (employment contract, qualifications, residence) are established before entry, to avoid denial of applications.
4. Recommended Practical Steps for Clients
Given the renewed emphasis on stricter controls, we recommend the following steps for interested parties — and for the law firm’s clients:
- Determine in advance the appropriate visa type for your profile (e.g., highly qualified work visa vs. job-seeking visa vs. CPLP agreement).
- Ensure all qualification criteria are met, including diploma recognition or professional equivalence in Portugal, especially for regulated professions.
- If family reunification is intended, assess early on the applicant’s prior residence period, availability of suitable housing that meets safety and health standards, and applicable waiting periods.
- For those already in Portugal on a tourist visa or awaiting regularization, it is advisable to urgently assess their immigration status, as the new law eliminates several previously used pathways.
- Monitor upcoming regulations or ministerial orders that will define which professions qualify as “highly qualified.”
5. Conclusion
In summary, on October 16, 2025, the Portuguese Foreigners Law underwent a comprehensive revision aimed at tightening various mechanisms related to entry, residence, work, and family reunification for immigrants. For foreigners wishing to emigrate or already residing in Portugal, specialized and proactive legal guidance is now essential to ensure compliance with the new legal requirements and to minimize the risk of denial, delays, or relying on entry routes that no longer exist.
As a law firm with strong expertise in immigration law in Portugal, we are available to guide clients through strategic decisions, the preparation of visa, residence, or reunification applications, and compliance with the requirements of this new legal framework. We believe that proactive and informed planning is, more than ever, a key factor for success.
