After almost a year and a half of discussion – including a rejection by the Constitutional Court – the Immigration Law was amended by Law No. 61/2025 of October 22, 2025. This new legislation introduced important changes to the rules governing the entry, stay, departure, and removal of foreign nationals in Portugal.
The reform introduces several changes to Portugal’s immigration system. These include the requirement for the integration of a qualified activity into the job-seeker visa, effectively ending the standalone job-seeker visa, as well as new rules on access to administrative courts to ensure the protection of fundamental rights.
Family reunification is now subject to stricter requirements, including at least two years of legal residence in Portugal, adequate housing, and sufficient financial means, with exceptions for minors and dependent family members. Decision deadlines have been extended from 180 days to nine months.
Under the CPLP (nationals of Portuguese-speaking countries) framework, applicants must now apply for a residence visa through Portuguese consulates in their countries of origin. The reform also introduces residence permits for entrepreneurship and strengthens protection for children and young people in care.
Finally, the law confirms the end of the expression of interest mechanism, setting December 31, 2025, as the final deadline for pending transitional cases.
It should be noted that this mechanism had already been revoked by Decree-Law No. 37-A/2024 of June 3. Cases not covered by that decree were later addressed by Law No. 40/2024 of November 7. This included foreign nationals who, whether or not they had submitted an expression of interest, could prove they had paid social security contributions for a period of 12 months.
However, the reform of the Foreign Nationals Act is not yet complete and remains under development in 2026.
On December 4, 2025, the Council of Ministers approved a bill establishing a new return regime for foreign nationals in an irregular situation. The proposal introduces consequences for unlawful stay in Portugal, aims to speed up procedures, reduce bureaucracy, and further consolidate the reform of the country’s immigration agenda.
The bill includes the removal of the voluntary departure notice, the centralization of return procedures under a single authority — the UNEF unit of the PSP (Portugal’s Public Security Police), created by the law to oversee the stay of foreign nationals in Portugal — and the introduction of coercive measures alternative to detention. It also extends the maximum detention period from 60 to 180 days, with the possibility of extension for a further equal period or until an asylum application is deemed admissible.
The draft law allows for removal without time limits in cases involving threats to public or internal security, restricts the suspensive effect of judicial appeals, and limits the use of asylum procedures when considered merely dilatory. It also extends entry and stay bans following forced removal, prioritizes voluntary return with the cooperation of the foreign national, and introduces alternatives to detention, including open regimes for families.
The bill was subject to public consultation in December and is now awaiting parliamentary approval.
Read Dr Eduardo Serra Jorge’s last month’s article: Measures to promote home ownership for young people
