I Entered Portugal as a Tourist but Decided to Become a Resident — What Now? Is It Possible to Regularize Residency Without a Visa?

Residency regularization after entering Portugal: legal options under the Foreigners’ Law and the EU Citizens’ Law.

Important Notice Before We Begin

First of all, it is essential to emphasize that the legally safest path continues to be planning your move to Portugal from your country of origin, by applying in advance for the appropriate visa (work, study, qualified job search, family reunification, etc.) before establishing residency on national territory.

Although Portuguese law does provide options to regularize status within Portugal, these processes tend to be lengthy, depend on scheduling with AIMA, can involve long waiting periods, and may cause significant personal and family stress — affecting your ability to work, travel, or organize your life with legal certainty.

The aim of this article is not to encourage entering without the correct visa, but rather to clearly explain the legal regularization pathways that the law provides for those who, for various reasons, are already in Portugal.

---

1. Regularization under the Foreigners’ Law (Law No. 23/2007)

Law No. 23/2007, in its current form, is the primary legal framework governing the entry, stay, exit, and removal of third-country nationals in Portuguese territory.

When it comes to possible regularization already within Portugal, the most relevant sections are those that allow an application for a residence permit while in the country — including residence permits that may be issued without prior issuance of a visa — as well as special regimes for family reunification, work, and study.

1.1. Types of Relevant Residence Permits

Under this law, residence permits are organized into categories, always based on a specific “foundation” (work, study, family reunification, etc.). The main types applicable to someone already in Portugal include:

• Temporary residence permits (general rule), covering basic requirements like means of subsistence, accommodation, and absence of serious crimes.
• Residence permits for study (higher education, professional training, research, internships, volunteer work).
• Residence permits for highly qualified professionals.
• Family reunification permits, allowing relatives to stay in Portugal with a resident.

In many cases, these applications can be submitted while the person is physically present in Portugal, as long as the entry and stay up to that point were lawful (for example, entry with a Schengen visa or visa exemption) and the specific requirements of the category are met.

1.2. Residence Permit with Visa Exemption (Article 122)

Article 122º is specifically about the possibility of obtaining a residence permit without a residence visa. This means that although the formal requirement of having a residence visa issued abroad may be waived, all material requirements of the residence permit must still be fulfilled.

Current law contemplates situations where a foreigner:

• Already resides in Portugal and meets the conditions for a residence permit (e.g., work, independent activity, study, family reunification, humanitarian reasons), but does not have a prior residence visa.
• Demonstrates that refusing the permit solely due to lack of prior visa would be disproportionate given the concrete circumstances (for example, strong integration, family ties in Portugal, significant benefit to the country, or special legal context).
  

The law provides that, under Article 122º, residence without a visa can be granted in cases such as:

• Holders of a residence permit in another EU Member State who want to transfer their residency to Portugal in certain contexts.
• Third-country nationals who have lost Portuguese nationality or another strong connection with the country.
• Those who are in Portugal for humanitarian or protection reasons under specific, exceptional provisions.

In practical terms, legal doctrine and administrative practice have interpreted Article 122 as a “flexibility valve” within the system: it allows the regularization of situations where, although the standard route would have required applying for a visa before entering Portugal, the individual currently meets all substantive requirements to obtain a residence permit.

The following third-country nationals do not require a prior visa in order to obtain a temporary residence permit:

a) Minors, children of foreign nationals holding a residence permit, born in Portuguese territory;

b) Minors born in national territory who have remained in Portugal and are enrolled in pre-school, primary, secondary, or vocational education;

c) Children of residence permit holders who have reached adulthood and have habitually resided in Portugal since the age of 10;

d) Adults born in national territory who have not left Portugal or who have remained in Portugal since before the age of 10;

e) Minors subject to mandatory guardianship under the Civil Code;

f) Individuals who have ceased to benefit from international protection in Portugal because the grounds upon which such protection was granted have ceased;

g) Individuals suffering from a medical condition requiring prolonged medical care that prevents their return to their country of origin, in order to avoid a risk to their health;

h) Individuals who have completed effective military service in the Portuguese Armed Forces;

i) Individuals who, having lost Portuguese nationality, have remained in national territory for the past 15 years;

j) Individuals who have not left national territory and whose right of residence has expired;

k) Individuals who have minor children residing in Portugal or holding Portuguese nationality, over whom they effectively exercise parental responsibilities and to whom they provide financial support and education;

l) Individuals who are diplomatic or consular agents, or their spouses, dependent ascendants or descendants, who have been accredited in Portugal for a period of no less than three years;

m) Individuals who are, or have been, victims of a serious or very serious criminal or administrative offense related to the employment relationship, as defined in paragraph 2 of this article, where there are substantiated indications confirmed by the inspection service of the ministry responsible for employment, provided that the individual has reported the offense to the competent authorities and cooperates with them;

n) Individuals who have benefited from a residence permit granted under Article 109;

o) Individuals who have benefited from a residence permit for secondary education students (Article 92) or for first-cycle higher education students (Article 91), and who, upon completing their studies, intend to carry out a professional activity in Portugal, whether employed or self-employed, except where such permit was issued under cooperation agreements and no compelling national interest justifies the change;

p) Individuals who have benefited from a residence permit for higher education study (Article 91) or for research (Article 91-B), and who, upon completion of their studies or research, intend to benefit from the maximum one-year period to seek employment or create a company in Portugal compatible with their qualifications;

q) Individuals who have benefited from a temporary stay visa for research or highly qualified activity and intend to pursue research, teaching in higher education, or highly qualified activity in Portugal, whether employed or self-employed;

r) Individuals who prove the performance of investment activity under the terms referred to in Article 3(d) of the Foreigners’ Law;

s) Children and young people placed in public, cooperative, social, or private institutions under a cooperation agreement with the State, within the scope and duration of a promotion and protection procedure.

2 – For the purposes of paragraph (m), only violations involving situations of social vulnerability, wage or working-time exploitation, particularly abusive working conditions, or the illegal employment of minors are considered.

3 – In the situations provided for in paragraphs (n), (o), and (p), Articles 88, 89, or 90 shall apply, with the necessary adaptations, depending on the case.

4 – A residence permit with visa waiver is also granted to first-degree ascendants of foreign nationals covered by paragraph (b), who effectively exercise parental responsibilities over them. Applications may be submitted simultaneously.

5 – If the minor, without justifiable reason, ceases to attend pre-school or primary education, the temporary residence permit granted under paragraph (b) and paragraph 4 shall be cancelled or not renewed.

6 – If the minor, without justifiable reason, ceases to attend secondary or vocational education, the temporary residence permit granted under paragraph (b) and paragraph 4 may be cancelled or not renewed.

7 – Holders of residence permits granted under the visa waiver regime described above enjoy the rights provided for in Article 83.

8 – Without prejudice to family reunification rules, the residence permit granted under paragraph (g) may be extended to a foreign national accompanying the applicant as a companion or informal caregiver, and may be requested simultaneously.

---

2. Family Reunification and Other Family-Related Options (Law No. 23/2007)

A common pathway to regularization after entering is through family reunification. Law No. 23/2007 defines the requirements allowing a foreigner with a residence permit in Portugal to bring and remain with their spouse, minor children, or other qualifying relatives.

2.1. Family Reunification Rights

Under Article 98º, family reunification may include:

• Spouse or partner in a stable relationship.
• Minor or dependent children.
• Other relatives under certain conditions.
• Direct-line ascendants who are dependent.

Paragraph 2 of Article 98 also allows extending reunification to other relatives, in duly substantiated cases, where there is dependency or prior cohabitation, or humanitarian reasons.

2.2. Application, file submission, and decision (Articles 103 to 105)

The reunification application is submitted to AIMA, accompanied by proof of the family relationship, means of subsistence, accommodation, and the applicant’s regular status in Portugal.
Articles 103 to 105 govern the procedure, the decision deadline, and the grounds for refusal, reinforcing that family unity and the best interests of minors are essential elements in the administrative balancing exercise.

In practice, many “after-the-fact” regularization situations arise from people who entered Portugal legally, formed a family with a foreign resident or with a Portuguese/EU citizen, and thereafter apply for derived residence based on family reunification.

---

3. Regularization as a family member of a Union citizen (Law no. 37/2006)

When the family context involves a citizen of the European Union (including Portuguese citizens, due to the extension of the rules), Law no. 37/2006 applies, establishing the free movement and residence regime and a specific title: the residence card of a family member of an EU citizen.

3.1. Who is a “family member” of a Union citizen (Article 2)

Article 2 defines as “family member” for the purposes of this law:

• The spouse.
  
• The partner in a de facto union or duly proven stable/permanent relationship.
  
• Direct descendants under 21 years of age or dependent, as well as those of the spouse/partner.
  
• Direct ascendants who are dependent, as well as those of the spouse/partner.
  

In addition, Article 3(2) allows, under certain conditions, facilitating entry and residence for other family members who are dependent, live in the same household, or require personal care for serious health reasons.

3.2. Right of residence and residence for more than three months (Articles 7 and 8)

Article 7 establishes the right of residence for more than three months for the Union citizen and their family members, provided that one of the following applies:

• Pursuit of a professional activity (employed or self-employed).
  
• Sufficient resources and health insurance.
  
• Enrollment in an educational establishment, with resources and health insurance, or being a family member accompanying or joining the EU citizen who meets one of these conditions.
  

Article 8 ensures the retention of family members’ right of residence in cases of death, departure, divorce, or termination of the de facto union, provided certain requirements are met (such as continued activity, sufficient resources, or custody of school-age children).

3.3. 3.3. Residence card for a family member of a Union citizen (Article 15)

Article 15 is central for those seeking a “residence card based on family ties with a European citizen”:

• Third-country national family members whose stay in Portugal exceeds three months.
  
• The application is submitted to AIMA, I.P.
  
• For issuance, it is necessary to present, among other items:
  
  • Valid passport.
  • Proof of the family relationship or of the de facto union/stable relationship.
    
  • The EU citizen’s registration certificate, of the person being accompanied or joined.
    
  • Proof of dependency, where applicable (dependent descendants or ascendants, or other family members covered by Article 3(2)).
    

This card is valid for five years or for the expected period of residence of the Union citizen, if shorter, granting the family member the right to reside and work in Portugal under conditions broadly comparable to those of a national.

3.4. 3.4. Permanent residence

After five years of legal and continuous residence, both the Union citizen and their family members acquire the right of permanent residence.

Relevant provisions include:

• Article 10: Union citizens and associated family members acquire permanent residence after 5 consecutive years of legal residence.
  
• Article 13: third-country national family members, under the conditions of Article 8, acquire permanent residence after 5 consecutive years of legal residence.
  
• Article 17: governs the permanent residence card for third-country national family members, issued by AIMA for more than 5 years and renewable.

---

Appointments and document lists: AIMA portal and forms

Regardless of the legal basis used (Law no. 23/2007 or Law no. 37/2006), regularization in Portugal has, in practice, become two main steps:

1. Submission of an application or online form, choosing the type of permit or card requested.
   
2. Scheduling an in-person appointment with AIMA to submit documents, undergo analysis, and provide biometric data.

4.1. Appointments through AIMA’s portal

AIMA provides, through its online contact form (contactenos.aima.gov.pt/contact-form), specific channels for:

• Applications for residence permits for students and highly qualified professionals without a visa.
• Applications for residence permits for students and highly qualified professionals without a visa.

AIMA has repeatedly stated in official communications that appointments are free of charge and must be made only through official channels, without intermediaries charging to “book a slot.” There is no special agenda. There are no priorities in the waiting line. New possibilities for appointment requests are being created continuously. Follow the portal.

4.2. Document list on AIMA’s website

On AIMA’s website (aima.gov.pt), there are specific pages for each type of permit or card, listing the general documents required:

• Who can apply (personal and legal requirements).
  
• Where to apply (online and in-person).
  
• Required documents (passport, proof of lawful entry, employment contract, means of subsistence, accommodation, health insurance, civil status certificates, birth certificates, etc.).
  

Consulting a lawyer with expertise in the area is an advantage to anticipate possible documents needed due to the specific case and current AIMA practices, which often change without prior notice—creating a gap between theory and practice, which can be decisive in a concrete case.

Conclusion:

In summary, the possibilities for regularization are divided between:

• Foreigners Act (Law 23/2007):
  
  • Study and research.
    
  • Highly qualified work.
    
  • Family reunification with a foreign national already resident.
    
  • Residence permit with visa waiver (Article 122), in well-founded exceptional situations.
    
  • Progression to permanent residence after 5 years.
    
• EU Citizens Act (Law 37/2006):
  
  • Residence card as a family member of an EU citizen (spouse, de facto partner, children, dependent ascendants, other relatives under special conditions).
    
  • Progression to permanent residence after 5 years.
    

The best scenario is to plan your move with the correct visa; regularizing afterwards is possible in many cases, but it is a longer, more demanding process and more vulnerable to political and legal changes. Be responsible with your own future.