Portugal’s Parliament has approved a new version of the Foreigner’s Law, officially called the decree establishing the legal framework for the entry, stay, departure, and removal of foreigners from the national territory. The previous version of this law was rejected by the Constitutional Court, but lawmakers have now made amendments and passed it with 160 votes in favor and 70 against. The President of the Republic can still approve it, veto it, or once again request Constitutional Court review.
In the meantime, here are the eight most important points you need to know about the changes that were approved in the new Foreigner’s Law.
1. Family reunification rules have been adjusted.
Family reunification is one of the most significant areas of change. The first version of the law that required two years of residence in Portugal of the primary applicant before applying for family reunification has been dropped in certain cases. If couples have minor or incapacitated children, they may now request reunification immediately. For other cases without children, the waiting time has been reduced to one year. Couples in stable unions without children must now show 18 months of prior cohabitation outside Portugal and a minimum of 15 months of legal residence in Portugal before applying.
2. AIMA now has nine months to make decisions on family reunification.
The Migration and Asylum Integration Agency (AIMA) now has nine months to issue a decision on family reunification requests, an increase from the previous three-month deadline. Extensions may only be granted in exceptional cases, and applicants must be notified if this occurs. This change is intended to provide clarity, but critics argue that it could delay reunification in practice.
3. There are now stricter rules to ensure valid marriages.
The law introduces stricter rules to ensure that marriages or partnerships used to request family reunification are legally valid under Portuguese law. Forced marriages, marriages involving minors, or polygamous marriages will not be accepted. This provision is meant to protect vulnerable individuals and align with national legal standards.
4. Housing requirements are now stricter.
Applicants for family reunification must now prove that they have adequate housing, either owned or rented, that meets normal standards for a comparable family in the same region. Housing must also comply with safety and health regulations. This is a shift from the previous rule, which only required proof of “accommodation.”
5. Proof of livelihoods and renewals have changed.
Applicants still need to prove they have sufficient means of subsistence to qualify for family reunification. However, social benefits cannot be counted toward this calculation. Furthermore, when renewing a residence permit for family reunification, applicants must again prove that they meet the same requirements, including adequate housing and financial stability. Renewal also requires demonstrating knowledge of Portuguese language, constitutional principles, and values.
6. Work visas are now limited to highly qualified professions.
The law now restricts standard work visas to “highly qualified professionals.” The government has not yet published the full list of qualifying professions. Previously, work visas were more broadly available and were among the most common pathways for entry. This change is expected to have a major impact on labor migration flows.
7. New rules have been enacted for CPLP citizens.
Citizens of Portuguese-speaking countries will no longer be allowed to enter Portugal as tourists and later apply for residence while already in the country. From now on, they must apply directly through Portuguese consulates before entering. This closes a commonly used path to residence that was popular among CPLP nationals.
8. Bilateral agreements and integration measures
The law allows Portugal to negotiate bilateral agreements with other countries to streamline work visas in strategic sectors like agriculture, construction, and trade. These agreements may include pre-departure training, Portuguese language classes, and recruitment channels. Additionally, integration measures, such as participation in integration programs, are now mandatory after the issuance of a residence permit and required for its renewal, except in cases where absence is not the applicant’s fault.