Expressions of Interest – New Regularisation Law

On the 7th of November 2024, Law No. 40/2024 was published, introducing a renewed pathway for non-EU immigrants seeking to regularise their residency in Portugal. This legislation allows foreign nationals who contributed to Portuguese social security within the 12 months preceding the suspension of the expression of interest on the 3rd of June 2024, to reinitiate the regularisation process. This marks an essential first step toward securing a residence permit.

Until the 3rd of June 2024, under Law No. 23/2007 of the 4th of July, non-EU immigrants who entered Portugal as tourists—thus without formal residency status—could initiate the regularisation process by submitting an expression of interest. This option was available to individuals with a Portuguese Social Security Number (NISS), a Tax Identification Number (NIF), and either an employment contract or self-employment, allowing them to take the first steps toward obtaining a residence permit.

As of the 3rd of June 2024, Decree-Law No. 37-A/2024 established a transitional regime that suspended the expression of interest mechanism. Under this regime, all foreign nationals wishing to reside in Portugal must now secure an employment contract or job offer before relocating.

The decision to end the expression of interest process has sparked some debate. On one hand, this measure has allowed the government to advance its immigration policy goals. According to António Leitão Amaro, Minister of the Presidency, residency applications in Portugal have decreased by 80%, which has significantly reduced the workload of AIMA.

On the other hand, ending the expression of interest process has created a gap in legislation, leaving a significant number of people without adequate legal protection and, as a result, in a vulnerable position.

With the amendment introduced by Law No. 40/2024, foreign nationals once again have the opportunity to regularise their residency status through this process, provided they have been registered with social security and have made contributions, either as an employed or self-employed worker, for at least 12 months prior to 3rd June 2024.

If you meet this requirement and are considering submitting an expression of interest, please reach out to us. We would be pleased to assist you throughout the process.