{"id":2933,"date":"2025-10-20T12:17:10","date_gmt":"2025-10-20T15:17:10","guid":{"rendered":"https:\/\/philipecordeiro.com\/bkp\/?p=2933"},"modified":"2025-10-20T12:17:10","modified_gmt":"2025-10-20T15:17:10","slug":"here-is-the-translation-new-amendments-to-the-foreigners-law-in-portugal-overview-and-main-impacts","status":"publish","type":"post","link":"https:\/\/philipecordeiro.com\/en\/here-is-the-translation-new-amendments-to-the-foreigners-law-in-portugal-overview-and-main-impacts\/","title":{"rendered":"NEW AMENDMENTS TO THE FOREIGNERS LAW IN PORTUGAL \u2013 OVERVIEW AND MAIN IMPACTS"},"content":{"rendered":"<p><strong>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.<\/strong><\/p>\n<hr \/>\n<h3>1.\u202fContext and Purpose<\/h3>\n<p>The new version of the Foreigners Law marks the 19th reform of this legal regime, aimed at \u201cregulating immigration\u201d 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).<\/p>\n<p>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\u2019s requirements.<\/p>\n<hr \/>\n<h3>2.\u202fKey Changes<\/h3>\n<p>Some of the most relevant changes that require attention include:<\/p>\n<h4>2.1 Ban on Regularization After Entry \u2013 \u201cEntering as Tourist + Applying for Residency\u201d<\/h4>\n<p>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.<\/p>\n<p>This measure aims to curb \u201cin-country regularization\u201d practices and clearly alters the previously regime with immediate practical effects.<\/p>\n<h4>2.2 Job-Seeking Visa Restricted to \u201cHighly Qualified\u201d Individuals<\/h4>\n<p>The new text significantly narrows the scope of the open job-seeking visa \u2013 which previously allowed entry into Portugal for the purpose of finding employment \u2013 by establishing that only workers with \u201chigh qualifications\u201d can use this mechanism.<br \/>\nA 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.<\/p>\n<h4>2.3 Changes to Family Reunification<\/h4>\n<p>The family reunification regime has also been amended:<\/p>\n<ul>\n<li>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.<\/li>\n<li>For family members not yet in Portugal, in many cases the applicant must have two years of legal residence before submitting the request.<\/li>\n<\/ul>\n<p>Exceptions apply to holders of residence permits for highly qualified professionals or investors (e.g., the \u201cgolden visa\u201d regime) or when there are dependent minor children.<\/p>\n<p><strong>In short:<\/strong> access to family reunification has become more demanding, which impacts immigrant families planning to bring dependents to Portugal.<\/p>\n<h4>2.4 Visa for CPLP Nationals and Other Specific Regimes<\/h4>\n<p>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.<\/p>\n<p>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.<\/p>\n<h4>2.5 AIMA\u2019s Competence and Judicial Oversight<\/h4>\n<p>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 \u201cseriously and directly compromises, in a proven manner, the timely exercise of personal rights, freedoms, and guarantees.\u201d<\/p>\n<p>Moreover, the courts may now consider AIMA\u2019s lack of human or material resources when assessing delays, introducing a new dynamic to judicial oversight.<\/p>\n<hr \/>\n<h3>3.\u202fMain Impacts and Practical Implications<\/h3>\n<p>For foreigners these changes carry several notable consequences:<\/p>\n<ul>\n<li>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.<\/li>\n<li>Entry pathways via employment will now favor highly qualified professions; lower-skilled roles will face increased barriers.<\/li>\n<li>Families planning reunification must now wait longer and meet stricter requirements regarding the applicant\u2019s prior residence.<\/li>\n<li>Law firms must carefully advise clients on the timing of entry, the appropriate type of visa, and compliance with pre-entry requirements.<\/li>\n<li>Institutionally, AIMA and other authorities are expected to manage immigration flows more strictly, which may result in more documentation demands and varying processing times.<\/li>\n<li>Strategically, it becomes even more crucial to ensure that ties to Portugal (employment contract, qualifications, residence) are established <strong>before<\/strong> entry, to avoid denial of applications.<\/li>\n<\/ul>\n<hr \/>\n<h3>4.\u202fRecommended Practical Steps for Clients<\/h3>\n<p>Given the renewed emphasis on stricter controls, we recommend the following steps for interested parties \u2014 and for the law firm\u2019s clients:<\/p>\n<ul>\n<li><strong>Determine in advance the appropriate visa type<\/strong> for your profile (e.g., highly qualified work visa vs. job-seeking visa vs. CPLP agreement).<\/li>\n<li><strong>Ensure all qualification criteria are met<\/strong>, including diploma recognition or professional equivalence in Portugal, especially for regulated professions.<\/li>\n<li><strong>If family reunification is intended<\/strong>, assess early on the applicant\u2019s prior residence period, availability of suitable housing that meets safety and health standards, and applicable waiting periods.<\/li>\n<li>For those <strong>already in Portugal on a tourist visa<\/strong> or awaiting regularization, it is advisable to urgently assess their immigration status, as the new law eliminates several previously used pathways.<\/li>\n<li><strong>Monitor upcoming regulations or ministerial orders<\/strong> that will define which professions qualify as \u201chighly qualified.\u201d<\/li>\n<\/ul>\n<hr \/>\n<h3>5.\u202fConclusion<\/h3>\n<p>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, <strong>specialized and proactive legal guidance is now essential<\/strong> 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.<\/p>\n<p>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.<\/p>\n<hr \/>\n<p>&nbsp;<\/p>","protected":false},"excerpt":{"rendered":"<p>On Thursday, October 16, 2025, a new law was enacted that substantially amends the Foreigners Law in Portugal, as well [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":2934,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[35,8,47,36,12,67,69,7,38,16],"tags":[65,66,37,68,63],"class_list":["post-2933","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-autorizacao-de-residencia-portugal","category-blog","category-business-law","category-direito-portugal","category-portugal","category-portuguese-law","category-residency-portugal","category-uniao-europeia","category-visaportugal","category-vistos-para-portugal","tag-foreigners-in-portugal","tag-foreigners-law-portugal","tag-portugal","tag-portuguese-law","tag-visa-portugal"],"_links":{"self":[{"href":"https:\/\/philipecordeiro.com\/en\/wp-json\/wp\/v2\/posts\/2933","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/philipecordeiro.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/philipecordeiro.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/philipecordeiro.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/philipecordeiro.com\/en\/wp-json\/wp\/v2\/comments?post=2933"}],"version-history":[{"count":0,"href":"https:\/\/philipecordeiro.com\/en\/wp-json\/wp\/v2\/posts\/2933\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/philipecordeiro.com\/en\/wp-json\/wp\/v2\/media\/2934"}],"wp:attachment":[{"href":"https:\/\/philipecordeiro.com\/en\/wp-json\/wp\/v2\/media?parent=2933"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/philipecordeiro.com\/en\/wp-json\/wp\/v2\/categories?post=2933"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/philipecordeiro.com\/en\/wp-json\/wp\/v2\/tags?post=2933"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}