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Immigration Law in Portugal: Changes with the New Government

Summary: One of the biggest current debates in Portugal is immigration. Known as one of the European countries with the greatest migratory "ease," especially for citizens of Portuguese-speaking countries. The main issue to address is why Portugal needs so many immigrants and the controversial situation of the Government continuously attempting to tighten immigration rules and reduce the entry of foreigners. Despite being one of the smallest countries in the European Union, Portugal has a shortage of national labor, which is one of the primary reasons for the need for foreign workers. The problem arises when, even while lacking labor support, living conditions and legalization processes are made more stringent: is it fair to provide jobs and attract immigrants while imposing such rigid bureaucracies as those the Government seeks to implement?


Keywords: Legalization; Immigration Rules; New Government; Proposals.


1. What is Immigration Law?


Immigration Law regulates the entry, stay, and legal status of foreigners (Article 15 of the Constitution of the Portuguese Republic) in a given country.


2. What were the most radical proposals from the new Government?


The most notable and discussed proposals for changes to the Nationality Law (Lei n.º 37/81) and the Foreigners Law (Lei n.º 23/2007) in 2024 included:

  • Extension of the required residence period for applying for nationality — from 5 to 10 years for most foreigners in Portugal, and from 5 to 7 years for citizens of the Community of Portuguese-Speaking Countries (CPLP);

  • Changes in the counting of time for applying for a provisional residence card;

  • For nationality of children born in Portugal to foreign parents, the change from 1 year of residence by one parent to 3 years of legal residence by one parent.


3. How did immigrants react to the new proposals?


Many immigrants left the country upon hearing about the new proposals through social media, often influenced by sensationalism, without even realizing that the proposals still had to go through several stages before entering into force. Legislative initiatives must pass through parliamentary analysis for approval, then presidential assent or veto, and finally, if positively reviewed, promulgation, publication, and entry into force of the law.

The proposals were presented by the Government and approved by Parliament. However, they were sent to the Constitutional Court, which declared them unconstitutional. This prevented promulgation by the President, meaning the Court's decision left the President of the Republic with no option but to veto the amendment to the rule, pursuant to Article 279(1) of the Constitution of the Portuguese Republic.

Thus, initial chaos ensued among displaced persons, and according to the Portuguese newspaper Diário de Notícias, out of around 450,000 immigration processes, approximately 171,000 were extinguished, presumably due to candidates for residence leaving the country amid the lack of response.


4. What were the practical consequences on migratory flows?


The uncertainty about how to proceed led to disorder at airports and border controls. These responsibilities shifted from the SEF (Foreigners and Borders Service) to the PSP (Public Security Police), as per Law No. 73/2021, of 12 November. The results included "endless" queues at border control posts, crowds at airports, delays in security services, and document verification.


5. What is immigration like in Portugal?


Although Portugal has less stringent immigration laws compared to other European countries, it is not conclusive to say that the legalization process is easy, given the qualitative living conditions faced by immigrants. Not having a residence card, a formal employment contract, and other documents makes life difficult for many immigrants, who are often subject to informal work that generally violates labor laws.

News of illegal housing and excessive real estate increases are constant daily occurrences. These situations stem from the difficulty faced by foreigners — whether not legalized in the country or in the regularization process — in meeting the many requirements for regular rental under the law. This involves a formal contract between landlord and tenant, guaranteeing the rights of both parties.


6. September 2025 and the emergence of new proposals:


The proposals initially mentioned in this article did not enter into force as they were deemed unconstitutional. However, news has recently emerged through social media about the latest proposals to the immigration law. These have already been approved by Parliament and sent to the President of the Republic for promulgation, veto, or referral to the Constitutional Court to verify their constitutionality.

As previously mentioned, the 2-year residence period for family reunification was considered an obstacle to the right to form a family under Article 36 of the Constitution of the Portuguese Republic. In response, the Government decided to reduce the previous proposal from 2 years to 1 year.


7. What are the new measures amending Law No. 23/2007?


The most impactful measures from the new proposals made in 2025 are:

  • The deadline for deciding on the approval or rejection of provisional residence will change from 3 months to 9 months under the amendment to Article 105 of the Immigration Law, which must be analyzed in light of the Principle of Procedural Celerity. This principle is defined in Article 20(4) of the Constitution of the Portuguese Republic as the right to a fair trial within a reasonable time. This raises the question: would an additional 6 months to the previous deadline be acceptable?

  • Regarding the numerous administrative judicial proceedings against the immigration agency based on summons for the defense of rights, freedoms, and guarantees, a proposal has been made to create a justification for delays in processes to make it harder to initiate administrative proceedings against the agency. This will be listed in Article 87-B(3), meaning that instead of promoting resolution of the problem, the delay in processing will be addressed with a palliative measure to avoid judicial actions.


8. Is it necessary to amend the Immigration and Nationality Laws?


Considering that the last amendment to Law No. 23/2007 (Immigration Law) was in 2025 and to Law No. 37/81 in 2024, and that they contain confusing provisions — such as numerous articles still mentioning the SEF (Foreigners and Borders Service), despite its extinction — they can be considered outdated. It is considered that yes, they should be formally amended and updated, but not necessarily by tightening their content and rules.

Conclusion: With the arrival of the New Government and its legislative amendment proposals, countless debates began among jurists, politicians, and the population. Despite the chaos, dissatisfaction, and uncertainty in society, the proposals made in 2024 were referred to the Constitutional Court, which vetoed them and clarified their unconstitutionality, meaning they violated the norms of the Constitution of the Portuguese Republic. This is the highest legislative instrument of a Nation, which must be respected and not violated. Some violations in these proposals include obstacles to family unity (Article 36 of the Constitution), prohibition of access to justice, and excessive deadlines (Article 20 of the Constitution). Furthermore, these governmental initiatives also violate Article 13 of the Universal Declaration of Human Rights, which lists the right to movement and choice of residence for every person.

It is now up to society to await the decision on the new proposals, avoiding precipitate action in the absence of a concrete opinion. The most recent proposals, made in the current year, need to pass presidential approval to enter into force or presidential veto to not take effect.


Bibliographical References:


Melissa Carvalho Silva 2025

 
 
 

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