Amendments to the Law on Foreigners
07.11.2025
The Portuguese government has approved a new reform of the Foreigners’ Law, following the Constitutional Court’s ruling that several provisions of the previous version violated the principle of family unity.
The reform introduces stricter rules on family reunification, including new waiting periods, proof of accommodation and income, and mandatory integration measures.
Certain categories, such as Golden Visa holders, highly skilled workers, and EU Blue Card holders, are exempt from these restrictions.
Additional changes affect job seeker visas, CPLP residence permits, and entrepreneur residence applications, with new transitional deadlines set until 31 December 2025.
Overall, the reform represents a significant shift in Portugal’s immigration framework, aiming to strengthen control and structure around residence and reunification processes.
This publication follows a review of the previous version of the law, several provisions of which were declared unconstitutional for violating the principle of protecting family unity. Consequently, the government has reformulated the initial proposal.
Among the various changes introduced, the provisions concerning family reunification are particularly significant. The government now intends to limit the right of immigrants to be reunited with their immediate family members in the national territory—specifically minor children, spouses or civil partners, and ascendants. However, exceptions apply to holders of residence permits for investment activities (Golden Visa), highly skilled workers, and EU Blue Card holders, who remain exempt from these restrictions.
A key measure is the introduction of a two-year waiting period before exercising the right to family reunification, except in cases involving minor children or incapacitated adults, as well as spouses or equivalent partners who are parents of such minors or incapacitated adults.
For spouses or equivalent partners without minor or incapacitated children, this waiting period may be reduced to 15 months, provided the couple has lived together for at least 18 months prior to the applicant’s arrival in Portugal.
Among the various changes introduced, the provisions concerning family reunification are particularly significant. The government now intends to limit the right of immigrants to be reunited with their immediate family members in the national territory—specifically minor children, spouses or civil partners, and ascendants. However, exceptions apply to holders of residence permits for investment activities (Golden Visa), highly skilled workers, and EU Blue Card holders, who remain exempt from these restrictions.
A key measure is the introduction of a two-year waiting period before exercising the right to family reunification, except in cases involving minor children or incapacitated adults, as well as spouses or equivalent partners who are parents of such minors or incapacitated adults.
For spouses or equivalent partners without minor or incapacitated children, this waiting period may be reduced to 15 months, provided the couple has lived together for at least 18 months prior to the applicant’s arrival in Portugal.
The law now also explicitly requires proof of adequate accommodation for the number of family members being reunited, as well as evidence of sufficient means of subsistence—which cannot be demonstrated through social support.
Furthermore, reunited family members must comply with integration measures, including attendance at Portuguese language courses and training on Portuguese constitutional principles and values.
The AIMA (Agency for Integration, Migration and Asylum) now has an extended deadline of nine months to decide on family reunification applications, replacing the previous 90-working-day limit. This deadline may be further extended in exceptional cases involving complex applications.
In addition to these family-related reforms, the law introduces further changes:
As transitional measures, the law establishes two key deadlines:
Furthermore, reunited family members must comply with integration measures, including attendance at Portuguese language courses and training on Portuguese constitutional principles and values.
The AIMA (Agency for Integration, Migration and Asylum) now has an extended deadline of nine months to decide on family reunification applications, replacing the previous 90-working-day limit. This deadline may be further extended in exceptional cases involving complex applications.
In addition to these family-related reforms, the law introduces further changes:
- Job seeker visa applications will now only be accepted if the applicant intends to engage in a skilled professional activity in Portugal. The criteria for proving technical qualifications will be defined by a forthcoming government order, yet to be published.
- CPLP residence permits will only be granted to applicants who are nationals of a CPLP member state and who hold a valid residence visa.
- Conversely, residence permits for immigrant entrepreneurs may once again be obtained without a residence visa. However, the specific mechanism through which such applications will be submitted to AIMA remains unclear. Previously, this was possible through the now-abolished expression of interest mechanism, which was discontinued in June 2024.
As transitional measures, the law establishes two key deadlines:
- All applications submitted under the expression of interest procedure must be filed by 31 December 2025; otherwise, they will lapse.
- Within 180 days of the law’s entry into force, individuals eligible for family reunification may apply for residence permits for family members already in Portugal, provided that those members entered the country legally.
Source: Dr Marta Vera-Cruz, lawyer at Martinez Echevarria
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