Amendment to the Portuguese Immigration Law

Summary

On 11 September 2026, Law No. 62/2026, of 10 September, entered into force, introducing a new set of amendments to the Portuguese Immigration Law (Law No. 23/2007, of 4 July).

The new legislation forms part of Portugal's implementation of several European Union instruments in the areas of migration, asylum and the single-permit framework for third-country nationals. In practical terms, it also introduces several important changes affecting residence permit applications, students, trainees, workers and certain applications based on family ties.

Key Changes

1. Restrictions on Residence Permit Applications Without a Prior Residence Visa

The new law restricts several routes that previously allowed third-country nationals to obtain a residence permit directly in Portugal without first holding the specific residence visa.

In particular:

▪ Higher education students – the general possibility of obtaining a student residence permit based on legal entry and stay in Portugal, without a prior student residence visa, has been removed;

▪ Trainees – the previous possibility of obtaining a residence permit in Portugal without first holding a residence visa for traineeship purposes has been removed;

▪ Level 4 and Level 5 qualification courses under the Portuguese National Qualifications Framework (QNQ), as well as vocational training courses provided by recognised educational or vocational training institutions – the possibility of obtaining a residence permit under this route without first holding the corresponding residence visa has been removed.

▪ Parents of non-Portuguese minor children residing in Portugal – the visa-waiver route based solely on having a foreign minor child legally residing in Portugal will no longer be available.

Exceptions:

Parents of minor Portuguese citizens residing in Portugal, provided that they effectively exercise parental responsibilities and ensure the child's maintenance and education.

 Pending Applications

No transitional regime is established for residence permit applications submitted before 11 September 2026.

Applications submitted before this date should be assessed taking into account the legal framework in force at the time of submission, including cases where the applicant had already entered Portugal legally, enrolled in the educational institution or training programme, and applied under the previous visa exemption.

2. Change of Sel-Employment Activity

Holders of a residence permit for independent professional activity may change the nature of their activity by notifying AIMA, without requiring a new residence permit.

3. Processing Time for Residence Permit Applications

The deadline for a decision on an initial residence permit application remains 90 days.

▪ This deadline may now be extended by an additional 30 days in exceptional and justified circumstances, particulary where the complexity of the application so requires

▪ The applicant must be informed of any such extension.

Entry in force

This law entered into force on the on 11 September 2026, the day following its publication in the Portuguese Official Journal (Diário da República).

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