CHANGES TO THE PORTUGUESE IMMIGRATION LAW

Following its promulgation by the President of the Republic, Law no. 61/2025, of October 22, was published today, introducing significant changes to the commonly known "Foreigners Law" or “Immigration Law” (Law no. 23/2007, of July 4, which establishes the legal framework for the entry, stay, departure, and removal of foreign nationals from national territory).

After months of progress and setbacks — including scrutiny by the Constitutional Court — we highlight some of the approved measures that will come into force tomorrow:

• The job-seeker visa will now apply exclusively to individuals with specialized technical skills, to be defined by a forthcoming Government regulation.
• The right to family reunification is now subject to stricter requirements, with the introduction of minimum periods of residence in Portugal before a residence permit holder may exercise this right.

There are several exceptions to this rule, including the case of dependent minors, holders of residence permits for highly qualified activities, as well as those for investment activities (commonly known as “Golden Visas”).

• In order to exercise the right to family reunification, the applicant must now prove possession of suitable housing, either owned or rented, that complies with safety and health standards. Additionally, the applicant must demonstrate sufficient means of subsistence to support all family members without resorting to welfare or social assistance.
• Reunited family members, once granted residence permits, the family members must attend training in the Portuguese language and on Portuguese constitutional principles and values. In the case of minors, attendance in compulsory education is also mandatory. 
• Citizens of countries covered by a CPLP Agreement must hold a residence visa issued by their country of origin or habitual residence in order to apply for a residence permit in Portugal.

Regarding legal proceedings against AIMA, specific criteria have been introduced for the possibility of resorting to injunctions for the protection of rights, freedoms, and guarantees. In such proceedings, if requested by AIMA, judges will also consider the number of administrative procedures pending before that authority, its available resources, and the potential consequences of granting the injunction on the equitable treatment of all cases.