This framework, originally established by Law 23/2007 of July 4, is being modernized to update the legal framework for immigration, strengthen integration criteria, and ensure compliance with European Union standards.
The reform definitively repeals the mechanism that allowed undocumented immigrants to regularize their status based on social security contributions. The system will be immediately closed to new applications, although individuals who registered by June 3, 2024, may access a transitional regime until December 31, 2025.
Job-seeker visas will now be granted exclusively to highly-qualified professionals. Applicants must secure a job contract within 120 days; otherwise, they must leave the country and can only reapply after one year.
Family reunification rules are becoming stricter:
– The applicant must have legally resided in Portugal for at least two years before applying for reunification;
– Only minors residing in Portugal can request reunification within the country; other family members must apply at the Consulate in the country of origin;
– Applicants must provide proof of adequate housing, means of subsistence (excluding social support), and demonstrated integration, such as enrollment in Portuguese language classes or children’s school attendance.
Citizens of CPLP countries will no longer be able to regularize their status based on a tourist stay or visa exemption. They must now apply for a residence visa at the Consulate in the country of origin and will be subject to assessments by the Internal Security Coordination Unit (UCFE) before being granted residency.
In parallel with the changes to the Immigration Law, substantial reforms are also planned for the Nationality Law:
– The required legal residence period for acquiring citizenship will increase from five to 10 years, and to seven years for CPLP citizens;
– Demonstrating knowledge of the Portuguese language, culture, history, and civic rights and duties will become mandatory through a new official test;
– Applicants with effective prison sentences — even under three years — or future convictions for serious crimes may have their citizenship revoked within the first 10 years of naturalization;
– The automatic naturalization of descendants of Sephardic Jews will be abolished, although eligibility may be extended to great-grandchildren of Portuguese nationals, provided they meet criteria of effective connection to the Portuguese community.
The reform establishes the National Unit for Foreigners and Borders (UNEF), responsible for border control, inspections within the territory, and enforcement of refusals or exclusions.
Meanwhile, the AIMA agency will centralize administrative procedures, with new obligations such as deciding on residence applications within a maximum of nine months (with a possible extension in complex cases).
The mechanism of tacit approval will be eliminated.
The President of the Republic has submitted these amendments for review by the Constitutional Court, not only due to doubts about various provisions but also out of concern that constitutional rights may be at stake, raising questions regarding vague legal concepts, new restrictions on family reunification, and limitations on urgent judicial access.
In conclusion, the amendments to the Immigration Law foresee a significant tightening of access to immigration and citizenship, prioritizing professional qualifications, cultural integration and legal security.
At the same time, transitional models safeguard the rights of those with ongoing processes. The next steps involve following the debate in Parliament, possible Constitutional Court revisions, and potential adjustments, especially concerning family guarantees, access to justice and the international mobility context.
For many foreign nationals, these changes will require immediate adaptation to new requirements, such as ensuring legal residency, demonstrating concrete integration efforts and preparing for educational and civic obligations to secure legal stay and potential citizenship in Portugal.
