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.
It is important to note that the new changes approved do not resolve or include one of the most highly anticipated issues: the change in the time required to obtain Portuguese citizenship. That separate proposal, first introduced in June 2025, seeks to increase the minimum residency requirement from five years to seven for CPLP (Community of Portuguese Language Countries) citizens, and from five to ten years for others. Parliament has not yet voted on this issue. A final decision is still pending.
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.
Frequently Asked Questions About the New Foreigner’s Law
1. Does this affect Golden Visa holders?
Golden Visa holders are exempt from the waiting period for family reunification. They can apply for reunification without having to meet the one-year or 15-month requirements that apply to other residents.
2. How long do I have to wait before applying for family reunification?
It depends on your situation:
- If you have minor or incapacitated children, you can apply immediately.
- If you are married or in a recognized partnership without children, you must show 18 months of cohabitation abroad and at least 15 months of residence in Portugal.
- For other family members, the waiting time is generally one year.
3. What happens if my family reunification application is delayed?
AIMA has nine months to issue a decision. This is longer than before, but the law requires that any extensions must be justified and applicants must be informed.
4. What kind of housing proof do I need?
You must show that your accommodation is either owned or rented and meets the normal standards for a comparable family in your area. It must also comply with health and safety rules. Simply stating that you have accommodation is no longer enough.
5. Do I need to show financial stability every time I renew my permit?
Yes. For renewals, you must prove that you still have sufficient means of subsistence and proper housing. Social benefits are not counted as part of your income. You must also demonstrate knowledge of Portuguese language and constitutional values.
6. Will it be harder to get a work visa?
Yes. Work visas are now restricted to highly qualified professionals. The government has not yet published the official list of professions, but this change is expected to limit access for many workers who previously relied on standard work visas.
7. Can CPLP citizens still apply for residence after entering as tourists?
No. Citizens from Portuguese-speaking countries must now apply for residence through Portuguese consulates before entering Portugal. They can no longer arrive as tourists and then switch to residence status once in the country.
8. What about citizenship? Have these new changes to the law changed the requirements or time to receive citizenship?
Not yet. Parliament will debate citizenship rules separately. The government has proposed extending the time needed for nationality to seven years for CPLP citizens and ten years for all other foreigners, but no final decision has been made.
Conclusion
The new Foreigner’s Law marks a significant tightening of Portugal’s immigration framework. Family reunification will remain possible, but with stricter conditions and longer waiting times in many cases. Work visas will be harder to obtain, with a focus on highly qualified professionals. CPLP nationals will also face new barriers, as they will no longer be able to switch from tourist status to resident status once inside the country.
While these changes are now set to take effect once the President signs them into law, the debate over citizenship rules is still ongoing. For many immigrants in Portugal, the most crucial question (whether the path to Portuguese nationality will become longer) remains unanswered. Until Parliament decides on that issue, uncertainty will continue.
