Portugal’s Parliament recently passed a significantly revised version of Portugal’s Foreigners Law (2025), which has now been officially approved by the President following necessary constitutional checks. The new legislation introduces key changes, particularly in the employment sector, where work visas are now largely being limited to highly qualified professionals.
Furthermore, the law now requires residence permit holders to have been legally resident for at least two years before they can apply for family reunification, with limited exceptions for minor children, dependents, or spouses/partners. In this article, we look at the most significant changes and analyze their impact on migrants and families planning to move and settle in Portugal.
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The Decision’s Background: Why Portugal Updated its Core Migration Law
Portugal’s immigration system has long been anchored by Law No. 23/2007, enacted on July 4, 2007. This law established the fundamental legal framework for how foreigners enter, stay in, and are removed from Portuguese territory—a bedrock for decades of migration policy. However, as social and political realities evolved, the need to update this core legislation became critical. The goal was to ensure the law remained compatible with the Constitution and protected fundamental rights, especially concerning residency and family reunification.
In 2025, the Portuguese Constitutional Court struck down certain provisions in the previous draft of the law, finding that they conflicted with constitutional protections for family rights and individual liberties. This prompted the drafting of a revised version, addressing controversial points and ensuring compliance with constitutional principles, especially those concerning family rights and flexibility in residence conditions.
On September 30, 2025, the Portuguese Parliament approved the revised version of the Portugal’s Foreigners Law, with a majority of deputies supporting clearer and more precise rules about residence permits, work visas, and family reunification. Subsequently, President Marcelo Rebelo de Sousa signed the law, highlighting that the amendments successfully addressed the core constitutional concerns previously raised, paving the way for its formal and effective implementation.
These developments highlight Portugal’s commitment to modernizing its migration laws in line with national security needs and human rights standards. The revised legislation strikes a delicate balance between regulating immigration and protecting family unity, making it a vital focus for migrants and families looking to settle in Portugal.
Key Changes to Residency and Family Unity Rules
Portugal’s Foreigners Law introduces significant changes to residency and family reunification policies, strongly emphasizing the need for applicants to demonstrate financial and social stability. While the law confirms that only those with a valid residency permit can apply for family reunification, it adds several new timeframes and administrative criteria designed to better organize the process, ensure the seriousness of applications, and confirm the resident’s ability to support their family. The most notable new requirements include:
- Time Requirements: Residents must have lived legally in Portugal for a minimum of two years before they can request family reunification. There are specific exemptions for minors, dependent individuals with disabilities, and the resident’s spouse or partner.
- Partnership Status: For a partner or spouse who lived with the resident for at least 18 months before entering Portugal, the primary resident must have had legal residency for 15 months before submitting the application.
- Flexibility for Humanitarian Cases: Immigration officials can waive the standard time limits for minors or disabled dependents, based on individual assessment and the best interest of the family.
- Longer Decision Time: The Migration and Asylum Integration Agency (AIMA) now has a nine-month period to issue a final decision on family reunification requests. This extension is intended to provide enough time for thorough verification.
- Adequate Housing Mandate: The law now requires proof of suitable housing—either owned or rented—that meets the local housing standards, moving beyond a simple temporary address.
- Financial Capability: Applicants must demonstrate a stable and sufficient income. Social benefits are specifically excluded from counting toward the required minimum income, reinforcing the resident’s commitment to financial independence.
These adjustments signal a shift in Portugal’s policy toward stricter rules for family joining, balancing legal requirements with humanitarian concerns to ensure long-term, stable, and well-regulated family life.
New Rules for Residency and Work
- Restricting Work Visas: General work visas have been restricted to mainly cover highly qualified professionals. This means that pathways to residency through employment are now largely focused on applicants with specialized expertise. This shift reflects Portugal’s strategy to enhance the skill level in its labor market and reduce the reliance on low-skilled workers.
- Changes for CPLP Nationals (Portuguese Speaking Countries): The previous procedure that allowed citizens from the Community of Portuguese Language Countries (CPLP), such as Brazil, to enter Portugal as tourists and then convert their status to residency while inside the country has been abolished. Under the new law, these citizens must now apply for their visa and residency from abroad through the Portuguese consulate in their home countries. This change ends a period of flexible internal regularization for CPLP citizens.
Analyzing the Impact: Portugal’s Shift Towards Stricter Migration
- Impact on Families: The new rules—especially the requirement for a long minimum stay period before applying for reunification, combined with new demands for adequate housing and proof of financial means—will make the process significantly more complex and difficult. This is likely to delay or even prevent many families from reuniting.
- On Migrant Workers: By focusing on granting work visas exclusively to highly skilled professionals, the law reduces opportunities for general or temporary workers. This limits options for many migrants seeking jobs in Portugal, especially those outside highly specialized fields.
- Impact on CPLP Nationals: The removal of the previous option allowing these citizens to enter Portugal as tourists and later convert their status to residence makes immigration more regulated. These applicants must now strictly apply for their visa from outside the country, which changes the dynamics of migration for this group.
- Policy and Migration Outlook: These adjustments reflect a clear trend toward stricter regulation in Portuguese migration policy. While the goal is to manage flows more effectively, the new law poses significant challenges for migrants facing tighter restrictions across residency, employment, and family reunification.
How the Decision Impacts the Golden Visa Program
Despite the significant overhauls to general residency and family reunification rules, it is crucial to note that the Golden Visa program has not been affected by these recent amendments to the Portugal’s Foreigners Law. This is because the Golden Visa operates under its own specific regulatory framework.
Key Benefits of the Golden Visa:
- Flexible Stay: Requires minimal physical presence, only about 7 days per year.
- Travel Freedom: Grants visa-free travel across the entire Schengen Area.
- Family Inclusion: Allows you to include family members, spouse/partner, dependent children (under 18), and parents in the single application. Dependent children over 18 (up to 26) are included if they are unmarried, financially dependent, and full-time students.
- Citizenship Pathway: Provides a clear route to obtaining Portuguese citizenship after just 5 years of legal residency.
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