Portugal’s Parliament has approved significant changes to the country’s immigration legislation, marking a substantial shift in the nation’s approach to foreign nationals. The new Foreigners Law, introduces stricter requirements for residency applications and family reunification processes.
Understanding these changes is crucial for foreign nationals currently in Portugal or planning to move there, as well as for Portuguese citizens with foreign family members. This blog article outlines the key changes brought about by the new legislation.
What the new Foreigners Law changes?
Family Reunification requirements
The most significant change affects family reunification procedures. Under the new legislation, foreign nationals must wait a minimum of two years after receiving their residence permit before they can apply for family reunification. This represents a notable delay compared to previous regulations and has been criticised for potentially obstructing integration efforts.
This waiting period applies to all new residence permit holders, meaning families will face extended separation periods before they can legally reunite in Portugal. The change particularly impacts recent immigrants who may have planned to bring family members once they established legal residency.
Residence Permit application process
The new law eliminates the possibility of applying for residence permits from within Portuguese territory. Previously, citizens from visa-exempt countries such as Brazil and East Timor could apply for residence permits after arriving in Portugal. This option has now been removed entirely.
Additionally, the legislation restricts visa categories, with only the following types now available:
- Residence visas
- Temporary stay visas
- Short-term visas
- Job-seeking visas (limited to highly qualified immigrants)
Highly qualified workers priority
The law introduces a clear preference for highly qualified immigrants, with job-seeking visas now exclusively available to this category of workers. This shift reflects Portugal’s strategy to attract skilled professionals whilst making it more difficult for other categories of workers to obtain legal status.
Creation of the National Unit for Foreigners and Borders
Parliament also approved the establishment of the National Unit for Foreigners and Borders (UNEF) within the Public Security Police (PSP). This new unit will assume several critical functions previously distributed among different agencies after the dissolution of the Foreigners and Borders Service (SEF) in 2023.
UNEF’s primary functions
The new unit will be responsible for:
- Monitoring and controlling airport borders and movement of people at these border posts
- Supervising the presence of foreign nationals in Portuguese territory within PSP jurisdiction
- Managing processes for forced removal, expulsion, readmission, and voluntary return of foreign nationals
- Developing technical standards for procedure uniformisation
- Opening infringement proceedings related to foreign nationals legal framework
Addressing system failures
The government justifies UNEF’s creation by pointing to failures in the current system, particularly regarding return procedures. The Agency for Integration, Migration and Asylum (AIMA), which inherited responsibility for returns after SEF’s dissolution, has reportedly struggled to effectively implement expulsion orders.
UNEF will take over AIMA’s responsibilities “regarding removal, readmission and return of citizens in irregular situations,” according to the legislation. This consolidation aims to create a more efficient system for managing immigration enforcement.
Political opposition and concerns
The approval process faced substantial criticism from opposition parties, particularly regarding procedural issues. Left-wing parties voted against the legislation, citing concerns about the lack of mandatory expert opinions and insufficient consultation with immigrant associations and constitutional experts.
The rushed nature of the approval process has raised questions about whether adequate consideration was given to the legislation’s potential impact on immigrant communities and Portugal’s integration policies.
Timeline and implementation
The Foreigners Law has been approved by Parliament, but implementation details and timelines remain to be clarified. The legislation represents immediate changes to application procedures, meaning prospective applicants should be aware that previous options may no longer be available.
While the Foreigners Law has been approved, debates surrounding Portugal’s Nationality Law have been deferred until September. This separation means that changes to naturalisation procedures and citizenship acquisition will be addressed separately from these immigration reforms.
Current foreign nationals in Portugal should monitor official announcements regarding how these changes might affect their status or future applications. Those planning to move to Portugal should consult with legal experts to understand how the new requirements apply to their specific circumstances.
RHJ Law – Expert legal assistance
Navigating changes to immigration and citizenship laws can be challenging, particularly with evolving regulations. At RHJ Law, we provide expert guidance and personalised support to help you understand and comply with the latest legal requirements. Whether you are an existing resident or planning to relocate to Portugal, our team of experienced legal professionals is here to assist with every step of the process. From evaluating your eligibility to submitting your application, we ensure a clear and straightforward approach tailored to your needs.
Trust RHJ Law to make your legal matters as seamless as possible!
