What changed in Portugal's foreigners law in 2025–2026 — and what does it mean for you?
Short answer: two laws in one year. Lei 61/2025, in force since 23 October 2025, closed the last "arrive first, sort out the papers later" routes and tightened family reunification. Lei 62/2026, in force since 11 September 2026, adapted Portuguese law to the EU Pact on Migration and Asylum — much stricter at the border and on removals, but with two simplifications for people who already live here legally.
Family: as a rule 2 years of legal residence before reunification — with exceptions.
Already legal: your permit stays valid; a new employer only needs a notice to AIMA; AIMA must decide permit applications in 90 days (+30).
Border and removals: mandatory screening, a border return procedure of up to 12 weeks, detention before removal of up to 180 days by court decision.
The timeline
- 3 June 2024 — the manifestação de interesse route is revoked (Decreto-Lei 37-A/2024).
- 23 October 2025 — Lei 61/2025 takes effect: family reunification, job-seeker visa, CPLP, entrepreneurs.
- 28 August 2026 — the Constitutional Court unanimously finds no unconstitutionality in the 11 provisions of the new return and asylum law that the President sent for review.
- 31 August 2026 — the President promulgates it.
- 10–11 September 2026 — published as Lei 62/2026, in force the next day.
If you already live in Portugal legally
Nothing is cancelled: existing residence permits stay valid and procedures already under way continue. Lei 62/2026 brings two practical changes. You can change employer — or, if you are self-employed, the nature of your activity — through a simple communication to AIMA, without a new permit. And AIMA must decide residence permit applications within 90 days, extendable by 30. Renewals still go through AIMA's renewal portal: see renewals and your rights while you wait and can you work while waiting for your card.
Bringing your family
Since Lei 61/2025, the permit holder generally needs a residence permit valid for at least two years before applying. There is no waiting period for:
- minor or incapable children in your care;
- a spouse or partner who is the other parent of such a child;
- holders of permits for highly qualified, teaching or cultural activity, for investment (the Golden Visa) and of the EU Blue Card.
A spouse or partner who lived with you for at least 18 months right before you arrived: 15 months instead of two years. Refugees keep their right to reunification without these limits, and in duly justified exceptional cases the minister responsible may waive or shorten the wait. You also need adequate housing and means without social assistance, the spouse must be at least 18, and after approval family members take Portuguese language training and a course on constitutional principles and values; children must attend school. AIMA decides within nine months, extendable once in exceptionally complex cases. More: family reunification in 2026.
If you are still planning the move
- Visa first. Entering without a residence visa and regularising later through a manifestação de interesse is no longer possible; only procedures started before 3 June 2024 continue under the old rules.
- CPLP citizens (Brazil, Angola, Cape Verde and others) now need a residence visa to settle — entering as a tourist and applying afterwards is no longer the route.
- Job-seeker visa: only for qualified work with specialised technical skills, valid for 120 days; applications depend on a government regulation, so check the consulate's page.
- Entrepreneurs: a residence permit for an innovative project hosted by a certified incubator, with the visa requirement waived, is back (article 89.º n.º 4). The articles people quote most are explained in our glossary (Artigo 88.º, 89.º).
What changed at the border and for removals
- Screening: a mandatory first assessment for people who cross irregularly or ask for protection without meeting entry conditions — up to 7 days at the external border, 3 days inside the country.
- Border return procedure: up to 12 weeks, extendable by six weeks in a crisis.
- Detention before removal: up to 180 days, by court decision; temporary installation centres may run as open centres when there is no risk of escape. Detention of children is an exceptional, last-resort measure.
- Appeals in asylum matters no longer suspend removal automatically.
- Parents: protection from expulsion for parents of children born in Portugal now refers to five years of residence, and a parent of a Portuguese child can be expelled only for serious crimes or threats to security or public order. The Constitutional Court told courts and authorities to weigh the child's best interest and family unity case by case.
What this article does not cover
Citizenship is governed by a separate law, the Lei da Nacionalidade, which is changing on its own timetable. The rules on screening, detention and asylum mostly concern people without a right to stay; if your case is on that side, you need a lawyer, not an article.
Sources
Cuatrecasas — Alterações à Lei de Estrangeiros (Lei 61/2025) Lei 23/2007, art. 98.º — reagrupamento familiar (Legispédia) Andersen — entrada em vigor da Lei 61/2025 (23.10.2025) TOF Advogados — A Lei n.º 62/2026, de 10 de setembro, e o Pacto Europeu Presidência da República — promulgação (31.08.2026) ECO — Lei do Retorno e Asilo: o que muda após a decisão do TC JN — Tribunal Constitucional dá luz verde ao decreto (28.08.2026) Borges de Melo — Nova Lei de Estrangeiros e de AsiloKeep reading
Can I work while I wait for my residence card? How does family reunification work in Portugal in 2026 — and how long does it take? Family reunification in Portugal: using the 2-year waitWhere are you stuck?
This page gives you the rule. What it cannot give you is your case — your timeline, your documents, your consulate. Tell me where you are and I will tell you what to sort out first.
Guidance, not legal or tax advice — verify your case with official sources.