The new version of the Foreigners’ Law, recently enacted by the President of the Republic, Marcelo Rebelo de Sousa, brings a series of significant changes to Portugal’s immigration system. The new legislation aims primarily to streamline the immigration process, addressing administrative and social challenges while aligning immigration policies with the needs of the labor market. The new law introduces amendments to family reunification, the job-seeking visa, and the conditions for citizens of the Community of Portuguese Language Countries (CPLP).
Changes in Family Reunification
Family reunification is one of the most controversial points of the new Foreigners’ Law. The main change is the limitation of the right to reunite family members for immigrants, with the aim of reducing pressure on the system and improving the administrative efficiency of the Agency for Integration, Migration and Asylum (AIMA).
Childless Couples: 15 Months of Residence and Up to Nine Months Waiting Period
For couples without children, the new law requires that an immigrant legally residing in Portugal prove at least 15 months of residence before applying for family reunification. After this period, the immigrant must wait up to nine months for a response from AIMA, which can result in a lengthy process to bring the family together. This change aims to reduce the number of applications and ensure that immigrants are properly integrated before being allowed to reunite with their relatives.
Couples with Children: Immediate Application
However, the situation is different for couples with minor children, who can apply for family reunification immediately, without having to meet the 15-month residence requirement. This exception seeks to protect children’s rights by ensuring that they can be with their parents as soon as possible.
In addition, the immediate possibility of reunification also applies to holders of highly qualified and golden visas, which benefits immigrants with greater financial resources or professional qualifications — creating a distinction between social classes in access to immigration rights.
Job-Seeking Visa
The new Foreigners’ Law also introduces restrictions on the job-seeking visa, which was previously available for a broader range of professions. From now on, only highly qualified workers will be eligible for this type of visa. The measure aims to align immigration with the needs of the Portuguese labor market, focusing on attracting professionals with high qualifications such as engineers, doctors, and architects.
This visa will serve as a means to attract workers with specific skills that are in shortage in Portugal, while at the same time limiting the entry of immigrants for lower-skilled jobs. To this end, the government will issue a joint decree among various ministries, including the Ministry of Labor, defining the eligible professions.
Changes for CPLP Citizens
Legislation for CPLP citizens has also undergone substantial changes. One of the main modifications was the end of the possibility to apply for a residence permit after entering as a tourist. Until now, CPLP citizens — such as Brazilians — could enter Portugal with a tourist visa and later apply for a residence permit in the country. Under the new law, this possibility has been eliminated.
Now, CPLP immigrants must enter the country with a residence visa beforehand, no longer through a tourist visa. This measure aims to prevent the misuse of the tourism system to regularize immigration status and to reduce the number of people entering the country without proper authorization.
Conclusion
In summary, the new Foreigners’ Law represents a tightening of immigration conditions in Portugal. Although these changes may contribute to stricter immigration control, they also raise concerns about their impact on immigrant families and the right to family reunification — particularly for childless couples.
The prioritization of highly qualified immigrants and the differentiated treatment among social classes, with clear benefits for those with greater financial resources or professional qualifications, also reflect a shift in Portugal’s approach to immigrant integration.
