Article 122 of Law no. 23/2007 establishes a set of situations in which nationals of third countries may obtain a residence permit in Portugal without first obtaining a residence visa. As a general rule, individuals who wish to reside in Portugal must apply for a residence visa through a Portuguese consulate abroad before entering the country.

Article 122 creates exceptions to this rule by allowing residence applications to be submitted directly in Portugal when specific circumstances justify a more flexible approach.
 
Among these exceptions is the situation addressed in Article 122(1)(l), which applies to diplomatic and consular agents accredited in Portugal and certain members of their families. Under this provision, a residence permit may be granted without a residence visa to individuals who have served as diplomatic or consular agents in Portugal for a period of at least three years. The regime also extends to their spouses and other dependent family members.

Once their diplomatic functions come to an end, however, these individuals may wish to remain in Portugal for professional, personal, or family reasons.
 
Article 122(1)(l) addresses this situation by allowing diplomats and consular agents who have been accredited in Portugal for a significant period to obtain a residence permit without the need to leave the country and apply for a residence visa abroad. This provision reflects a clear legislative intention to recognise the time already spent living in Portugal under diplomatic accreditation.

A diplomat who has lived and worked in the country for several years will often have established social, professional, and family connections. Requiring such individuals to restart the immigration process from outside Portugal would not only be impractical but would also disregard the integration that may already have taken place.

The visa waiver mechanism therefore acts as a bridge between diplomatic status and the general immigration regime.

The scope of the rule is also particularly favourable for family members. The waiver of the residence visa requirement applies not only to the diplomatic or consular agent but also to their spouse and dependent family members.

In practice, family members accompanying diplomats are also issued diplomatic identity cards reflecting their status as dependants of the mission member. This means that family members who have lived in Portugal alongside the diplomatic agent may also apply for residence without having to initiate a separate immigration process from abroad.
 
Where dependent family members apply for residence, however, the dependency relationship must exist at the moment the application is submitted.
 
It is important to note that the waiver of the residence visa requirement does not eliminate the other legal conditions necessary for obtaining a residence permit. Article 122 removes only one procedural requirement. Applicants must still demonstrate compliance with the general conditions set out in the Immigration Law, including proof of accommodation in Portugal, sufficient means of subsistence, and the absence of relevant criminal convictions.
 
In practical terms, applications under Article 122(1)(l) are submitted in Portugal before the Agency for Integration, Migration and Asylum (AIMA). The applicant must generally provide documentation demonstrating both the general residence requirements and the specific eligibility conditions under the diplomatic provision. Family members must also present documentation proving the relevant family relationship, such as marriage or birth certificates and, where applicable, evidence of economic dependency.
 
It is also important to distinguish diplomatic and consular agents from other categories of personnel working within embassies and consulates. Diplomatic missions frequently include administrative, technical, and service staff, such as drivers, technicians, or domestic employees. Although these individuals may hold diplomatic identity cards issued by the Ministry of Foreign Affairs, they are generally not considered diplomatic or consular agents for the purposes of Article 122(1)(l). As a result, the specific residence pathway described in this provision normally applies only to individuals formally accredited as diplomatic or consular agents and not to all personnel attached to a diplomatic mission.
 
Article 122(1)(l) illustrates how Portuguese immigration law seeks to balance legal certainty with practical realities. By allowing diplomats and their families to transition into the ordinary residence regime without unnecessary procedural obstacles, the law recognises the connections established during diplomatic service in Portugal.

For individuals who have spent several years in the country representing their States or supporting diplomatic missions, this provision offers a clear and structured pathway to continue living in Portugal after the end of their official functions.
 
At LVP Advogados, we regularly assist individuals and families navigating the Portuguese immigration system, including those transitioning from diplomatic status to residence in Portugal.

Should you believe you may be eligible under Article 122 or another residence pathway, you can contact us through our contact form and our team can assess your situation, guide you through the applicable requirements, and support your application process from start to finish.