Amendments to the Foreigners Act

Law 61/2025 of October 22 (“Law 61/2025”) has amended Law 23/2007 of July 4, which approves the legal regime on the entry, stay, exit, and removal of foreign nationals from Portuguese territory. It also amends Decree-Law 37-A/2024 of June 3, revoking residence permit procedures based on expressions of interest.

Changes

Visa for qualified job Seekers

A specific visa, valid only in Portugal, will be created for applicants demonstrating specialized technical skills, yet to be defined in an ordinance.

This visa authorizes holders to work in their highly qualified professional area until the visa’s expiration or until a residence permit is granted. It includes an appointment at the Agency for Integration, Migration and Asylum (“AIMA”) during the visa’s validity period, which is up to 120 days.

In the absence of the start of activity and regularization of documentation until the end of the visa, the holder must leave the country and can only submit a new visa application for the same purpose after one year.

Family reunification

Family reunification is now possible only after the sponsor has been lawfully resident for two years and for family members who cohabit with or are dependent on the sponsor. This applies regardless of whether family ties existed before or after entry into Portugal.

For spouses or equivalents who cohabited with the holder for at least 18 months immediately before entry into Portugal, the permit duration is 15 months.

Law 61/2025 maintains the exceptions for minors or individuals with disabilities in the sponsor’s care, spouses or partners who are parents or adoptive parents of minors in the sponsor’s care, and family members of sponsors holding residence permits under articles 90, 90-A, and 121-A of Law 23/2007. These articles cover residence permits for (i) teaching, highly qualified, or cultural activities; (ii) investment activities; and (iii) beneficiaries of the EU Blue Card.

The law requires (i) adequate accommodation and means of subsistence without relying on social support, yet to be defined in an ordinance; (ii) a minimum age of 18 for spouses or equivalents; and (iii) compliance with integration measures, including training in the Portuguese language, constitutional principles and values, and compulsory education for minors.

Applications must be decided within nine months. In exceptionally complex cases, this period may be extended once, for the same amount of time. Applications can also be denied for public order, public safety or public health reasons.

Community of Portuguese Language Countries 

Nationals of countries covered by the Community of Portuguese Language Countries (“CPLP”) Agreement who hold a residence visa may apply for a CPLP residence permit in Portugal and through AIMA.

This represents a departure from the previous practice, which allowed applications based on entry as a tourist.

Entrepreneurship

A residence permit will be granted to individuals developing entrepreneurial projects, including the creation of innovative companies integrated into certified incubators. This applies without requiring an employment contract, although general requirements for residence permits must still be met.

Jurisdictional protection and AIMA

Law 61/2025 clarifies the procedure for challenging AIMA’s decisions and omissions, which now take the form of administrative actions; however, it does not affect injunctive measures.

Legal action may be taken to protect rights when AIMA’s actions or omissions demonstrably, directly and seriously impede the timely exercise of rights, freedoms or guarantees.

AIMA must organize its scheduling methodology and application review process in accordance with its administrative capacity. It may also publicize this organization to enhance predictability.

No visa

The visa waiver now covers children and young people in public, cooperative, social, or private institutions with a cooperation agreement with the state, as part of promotion and protection processes.

Deadlines to consider

Up to 180 days after entry into force:

• Conversion of residence permits for subordinate or independent work into permits for teaching, highly qualified activity, or cultural activity (when the requirements of article 90 of Law 23/2007 are met);
• Possibility of applying to reunite family members already in Portugal, provided they entered legally and meet other applicable requirements.

By December 31, 2025: Submission of applications under the transitional regime of Decree-Law 37-A/2024, under penalty of expiry.

What it means

• Individuals intending to come to Portugal for work must confirm that their profession is listed in the ordinance for specialized technical skills and prepare documentation proving their qualifications. The visa requires an appointment and can be converted into a residence permit if the applicant commences employment within the specified period.

• Individuals seeking family reunification must ascertain whether they qualify for any exceptions, prepare documentation proving cohabitation or dependency, and ensure adequate accommodation and income. They can expect a decision within nine months, extendable once.

• CPLP nationals: Applications for residence permits are now contingent upon entry with a residence visa.

• Entrepreneurs: Projects integrated into certified incubators will now benefit from a dedicated pathway, without requiring an employment contract; however, all other legal requirements remain unchanged.