Portugal’s Proposed Amendments to the Immigration Law: What You Need to Know
Joana Loureiro Veríssimo | Lawyer
Recently, the Portuguese Parliament approved a government bill proposing significant changes to the Immigration Act, aiming to reform and tighten Portugal’s immigration framework. While still pending promulgation by the President, this new legislation signals a major shift from the more flexible policies of recent years towards stricter and more regulated migration controls.
Key Changes and Their Impact
End of the Expression of Interest Mechanism: The bill abolishes the current system, allowing third-country nationals already in Portugal to apply for residence permits without a visa (the so-called “expression of interest”). This removes an important and accessible pathway to legal residence for many migrants.
New Visa for Qualified Job Seekers: A new temporary visa category will be introduced, exclusively targeting holders of specialised technical skills. This visa allows a maximum stay of 120 days to find employment in Portugal. Failure to secure a job within this period requires leaving the country and waiting one year before reapplying.
Stricter Family Reunification Rules: Only those holding a valid residence permit for at least two years may apply for family reunification, provided they can demonstrate:
- Ongoing cohabitation or financial dependency with a family member.
- Even if the family relationship was established after arriving in Portugal.
Exemptions from the two-year rule are granted for:
- Minor children or dependent incapacitated individuals.
- Spouses who are parents of a minor dependent child.
In addition, family members will be required to:
- Provide proof of adequate housing and financial means.
- Participate in Portuguese language and civic integration programmes.
- Show compliance with these obligations when renewing their residence permits.
Exceptions to these integration requirements may be granted for humanitarian reasons at the discretion of the Ministry.
Entrepreneur Residence Route Reinforced: The law clarifies and strengthens the entrepreneur residence permit, now focused on third-country nationals developing innovative projects within certified incubators, emphasising innovation-driven migration rather than traditional investment schemes.
Limited Judicial Remedies: The bill introduces judicial oversight over the immigration agency’s (AIMA) delays or inaction, but judges must balance requests with the agency’s workload and resources, which may limit the effectiveness of court interventions.
Bilateral Agreements for Strategic Worker Mobility: The government will promote bilateral agreements with third countries to facilitate legal mobility of workers in key sectors, ensuring recruitment channels, training, and Portuguese language instruction before entry.
Deadlines and Transition Periods: Pending residence applications under the old rules must be finalised by 31 December 2025, or they will expire. Additionally, existing residence permit holders have a 180-day window to convert their permits into other categories, such as highly qualified or cultural activity visas.
What This Means for Migrants and Employers
While the government frames this reform as a step towards efficiency and control, it represents a significant tightening of immigration policies, reducing some pathways to legal residence and introducing more rigid conditions, especially for family reunification and job seekers. Sectors dependent on lower-skilled workers, such as hospitality and agriculture, may face labour shortages as the new job seeker visa focuses only on highly skilled professionals.
Furthermore, although judicial oversight is introduced, practical challenges remain due to administrative capacity constraints, potentially limiting migrants’ access to effective legal recourse.
On the positive side, Portugal is signalling a strategic shift towards attracting innovation-driven entrepreneurs, which could boost the country’s position as a hub for start-ups and technological development.
Overall, this proposed law marks a clear transition from an open and flexible immigration model to a more restrictive and visa-dependent regime. For migrants, businesses, and legal practitioners, understanding these changes is crucial to navigating the new legal landscape effectively.
If you would like more information about the recent changes to the Portuguese Immigration Act, please don’t hesitate to contact us. We’ll be glad to assist you.
