Regularization in Portugal: New Rules for Immigrants
If you are a foreign citizen who wants to work in Portugal, you will now need to apply for a specific work visa at Portuguese consulates before entering the country. The new rules, which were promulgated by the President of the Republic, Marcelo Rebelo de Sousa, and presented by the Prime Minister, Luís Montenegro, in the Action Plan for Migration. From now on, it will not be possible to settle in Portugal without this visa.
The End of the Expression of Interest
The Expression of Interest, a procedure that allowed foreign citizens without a residence visa to regularize their situation, has been abolished. This mechanism was widely used, but the high demand, coupled with the process of abolishing the Aliens and Borders Service (SEF) and the inefficient distribution of resources, resulted in hundreds of thousands of pending cases and the inability of the competent services to respond adequately.
Legislative change for legal certainty (Law no. 40/2024, of November 7): people who, before the change in the law, regardless of whether or not they had submitted an expression of interest, were registered with social security and making contributions under a subordinate or independent professional activity, with a view to completing the 12 months indicated in article 88(6) of Law no. 23/2007, of July 4, in its previous wording, may submit an expression of interest.
Impact and New Rules
To resolve this critical situation, the government opted for an immediate legislative measure, repealing the residence permit instruments based on a mere expression of interest. However, the situations of foreign citizens who had already started their residence permit procedures under the previous rules were safeguarded.
Current Visa Procedure
If you want to work in Portugal, you should follow these steps to apply for a work visa:
- Applying for a visa at the Consulate:
- Immigrants must apply for a specific work visa at the Portuguese consulates in their country of residence before traveling to Portugal.
- Documentation required:
- Valid passport.
- Proof of employment in Portugal (employment contract).
- Proof of means of subsistence.
- Proof of accommodation.
- Criminal record certificate.
- Other specific documents that may be required by the consulate.
- Analysis process:
- Once submitted, the consulate will analyze the application and, if approved, issue the work visa.
- Entering Portugal:
- With the visa approved, the immigrant will be able to enter Portugal legally and start their professional activities.
Remember that in addition to the work visa, there are a number of other visas available that may be more suited to your objective.
All the current visa types can be found at: https://vistos.mne.gov.pt/pt/vistos-nacionais/informacao-geral/tipo-de-visto
See also our other articles where we talk about each of them in detail.
Other Regularization Options
There are also other possibilities for regularization in accordance with articles 122 and 123 of Portugal’s Aliens Act. These options can be explored according to your specific situation and can offer viable alternatives for regularizing your stay in the country.
Article 122 of Portugal’s Aliens Law
Article 122 of Portugal’s Aliens Law lists several cases in which it is possible to obtain a temporary residence permit without the need for a visa. Some of the situations include:
- Minors born in Portugal to foreign parents with a residence permit;
- Adults who stayed in Portugal from an early age;
- People with illnesses that require prolonged medical attention;
- Individuals who have lost their Portuguese nationality but have remained in the country for the last 15 years;
- Foreigners with minor children residing in Portugal or with Portuguese nationality;
- Diplomatic and consular agents with at least three years’ accreditation in Portugal;
- Victims of a serious work-related criminal or administrative offense, provided they report the offense and cooperate with the authorities;
- People who have completed their studies in Portugal and wish to work in the country.
The article also provides for residence permits for specific situations, such as for highly qualified research activities or for investments. The granting of these permits is subject to specific requirements and may include the adaptation of other articles of the Aliens Act.
In addition, first-degree ascendants of foreigners covered by some of the situations described can also obtain a residence permit, as long as they effectively exercise parental responsibility over them.
In summary, Article 122 offers various possibilities for regularizing the situation of foreigners in Portugal, allowing them to obtain temporary residence permits without the need for a visa in certain specific circumstances.
Article 123 of Portugal’s Aliens Law
Article 123 of Portugal’s Aliens Law establishes an exceptional regime for extraordinary situations in which the provisions of Article 122 do not apply. This regime allows for the granting of temporary residence permits to foreign citizens who do not meet the requirements of the law in specific circumstances, such as:
- Reasons of national interest;
- Humanitarian reasons;
- Reasons of public interest related to relevant scientific, cultural, sporting, economic or social activities.
In addition, the article covers special situations of foreign children and young people taken in by public, cooperative, social or private institutions with a cooperation agreement with the state, after a promotion and protection process, as established in the Law for the Protection of Children and Young People in Danger.
Decisions on applications for residence permits under this exceptional regime must be substantiated by the member of the government responsible for the area of internal administration and migration.
In short, Article 123 offers a flexible mechanism to deal with extraordinary situations that do not fall under the regular residence permit provisions, allowing temporary permits to be granted in special cases of national, humanitarian or public interest.
Conclusion: Consult a Specialized Professional
If you are considering regularizing your situation in Portugal under the new rules, it is highly recommended that you seek specialized professional advice. An experienced lawyer will be able to help you better understand the process, ensure that all requirements are met and provide personalized assistance at every stage of the procedure.
Regularization in Portugal may seem complicated, but with the right support, you can navigate this process smoothly and efficiently. Don’t hesitate to seek professional help to ensure that you comply with local laws and regulations.
