President Marcelo Rebelo de Sousa has signed into law the new version of Portugal’s Foreigners Act, paving the way for measures that will restrict immigration to take effect as soon as the legislation is published in the Diário da República, expected as early as Friday, 17 October.
“Given that the revised bill, approved by 70% of MPs, sufficiently addresses the main constitutional concerns raised by the President and confirmed by the Constitutional Court, the President has promulgated the law amending Act No. 23/2007 of 4 July, which regulates the legal framework for the entry, stay, exit and removal of foreign nationals from Portuguese territory,” reads a statement published on the Presidency’s official website.
This new version of the law was approved in Parliament on 30 September, following the Constitutional Court’s rejection of the original draft. Rebelo de Sousa had referred the earlier version to the Court, which ruled five of its provisions unconstitutional.
The Government moved swiftly to amend the text and secure its passage into law, relying on the support of Chega, whose votes proved decisive, a result seen as a political victory for the centre-right executive. The ruling Democratic Alliance (AD) also counted on backing from the Liberal Initiative (IL) and Together for the People (JPP).
In the previous vote, Chega’s support had also been crucial. On the morning of the latest debate, the Social Democrats (PSD) negotiated with both Chega and the Socialist Party (PS), though most Socialist proposals were rejected, leading the PS to vote against the final text.
Curbing immigration has been one of the flagship policies of Prime Minister Luís Montenegro’s Government, which dedicated its first Cabinet meeting to approving these measures aimed at reducing migration flows.
Among the key changes are stricter conditions for family reunification, extending the period an immigrant must reside in Portugal before being eligible to bring relatives. Another measure seeks to discourage labour migration by limiting the job-seeker visa to applicants with high professional qualifications, a list of eligible professions that the Government has yet to disclose.
Below are the main amendments which form the crux of the Government’s desired restriction of immigration into the country:
Job-seeker visas restricted to highly qualified workers
The job-seeker visa, currently the most sought-after route into the country amongst the majority of applicants, will soon be limited to professionals with high qualifications. The government has not yet published the list of eligible occupations.
This measure, part of the law’s original draft, was not reviewed by the Constitutional Court. During the latest parliamentary vote, the Socialist Party (PS) attempted to broaden eligibility to include “workers in essential sectors”, but the proposal was rejected.
Community of Portuguese-Speaking Country (CPLP) visa applications must be made before entering Portugal
Thousands of nationals currently living in Portugal have been seeking Community of Portuguese-Speaking Countries (CPLP) residence permits through the courts. Once the new law takes effect, this will no longer be possible, even via judicial channels. Under the revised law, applicants must now enter Portugal with the appropriate visa in order to apply for residence.
This clause, like the job-seeker visa reform, was not subject to Constitutional Court review. The change will directly affect immigrants from Portuguese-speaking countries hoping to settle in Portugal.
Originally, the government had suggested allowing tourists to apply for residence permits after entering the country, as a replacement for the now-abolished expression of interest process. However, officials backed away from the idea, fearing it could become a loophole resembling the old system.
Family reunification rules tightened
Family reunification, one of the most sensitive aspects of the legislation, underwent substantial changes to ensure constitutionality. The standard waiting period remains two years, though there are exceptions for families with minor or dependent children, who may apply immediately after obtaining residence.
As in the original proposal, gold-visa holders, highly qualified workers, and EU Blue Card holders remain exempt from the minimum period. For unmarried couples without children, however, the waiting time has been extended from one year to 15 months, following a proposal by Chega, which was accepted by the ruling Social Democratic Party (PSD).
Couples must also prove they have lived together for at least one year immediately before entering Portugal, a rule aimed at preventing forced or polygamous marriages and ensuring compliance with Portuguese law.
Chega also succeeded in adding new requirements:
- During residence permit renewal, applicants’ means of subsistence will be reassessed, excluding social benefits such as unemployment support.
- Proof of suitable family accommodation must now take into account the availability of housing in Portugal — meaning families must already have appropriate accommodation in the country.
AIMA will still have nine months to assess family reunification applications. The extension of this deadline will only be allowed in exceptional circumstances, and applicants must be formally notified.
Legal action against AIMA
Immigrants will continue to be able to bring legal action against AIMA, but the government has revised the relevant article to address a constitutional concern raised by the court. Applicants must now prove that the agency’s failure to respond seriously and swiftly enough directly compromises their fundamental rights in a way that cannot be resolved through ordinary legal means.
The earlier requirement to demonstrate “irreparable damage” has been dropped. Judges may, however, consider AIMA’s staffing and resources when deciding whether to grant measures such as expedited appointments — a move designed to prevent abuse of urgent judicial procedures.
Bilateral mobility agreements
One new clause, proposed by the Socialist Party, authorises the government to negotiate mobility agreements to meet labour needs in strategic sectors of the economy, a framework that already exists with several countries. The amendment encourages the government to accelerate these efforts, though it sets no binding deadlines.
Nationality Law remains separate
Although discussed alongside the Foreigners Act, changes to the Nationality Law are part of a separate legislative process. For now, no modifications have been approved, but the government still intends to increase the minimum residence requirement for citizenship applications, from five to seven years for CPLP citizens and ten years for others. No parliamentary vote has yet been scheduled.
All other provisions of the Foreigners Act remain unchanged.
