Portuguese Parliament approves new version of the Foreigners Law

The Portuguese Parliament approved this Tuesday (30/09) a revised version of the Foreigners Law. The measure was necessary after the Constitutional Court having blocked the previous text, alleging excessive restrictions for family members of immigrants seeking authorization to join them in Portugal.

The new wording was presented by the country's governing center-right coalition and received support from the Chega party, despite initial disagreements over social benefits. Read the full article. on here and on here.

How it was and how it will be, if sanctioned

According to the Minister of the Presidency, António Leitão Amaro, the proposal seeks a balance: neither open doors without control, nor total closure to immigration, focusing on integration capacity and the needs of the labor market.

•  Work visa
  • Before: open to different profiles, being one of the most sought-after visas.
  • Now: restricted to highly qualified professionals; list of professions will be released later.
• Residence application
  • Before: CPLP citizens could enter as tourists and then apply for residency in Portugal.
  • Now: mandatory request must be made directly at the consulates, before entering the country.
• Family reunification
  • Before: immigrants could apply for reunification immediately after obtaining a residence visa.
  • Now:
    • General rule: complete 2 years of residency before ordering.
    • Exceptions: minor/disabled children, spouses and similar individuals may apply immediately.
    • Stable union without children: 15 months of residency, with proof of prior cohabitation of 18 months.
    • Golden visa and high-skilled visas are not included in the rule.
    • Renewal of residence requires reassessment of livelihoods, without the inclusion of social support.
    • Government can waive requirements in duly substantiated exceptional cases.
• Response deadlines from the Migration and Asylum Integration Agency (AIMA)
  • Before: 3 months to analyze reunification requests.
  • Now: 9 months, extendable only in exceptional situations, with mandatory communication to the applicant.
• Appeal to the courts
  • Before: In the previous text, the Portuguese government proposed restricting access to justice, but it was vetoed by the Constitutional Court.
  • Now: immigrants can go to court through legal action if they prove that AIMA's lack of response compromises personal rights, freedoms and guarantees.
• Bilateral agreements
  • Now: government may sign agreements with countries for visas in essential sectors (agriculture, construction or commerce).
• Nationality (still in proposal that will be analyzed separately)
  • Before:
    • Citizens of the Community of Portuguese Language Countries (CPLP): minimum 5 years of residence.
    • Other foreigners: 6 years (current rule).
  • Proposal to be evaluated:
    • CPLP citizens: 7 years.
    • Other foreigners: 10 years.

European context and impact in Portugal
The review of the Law reflects a broader movement in European politics, in which governments seek to tighten immigration rules.

In Portugal, the impact is relevant:

• The total population is approximately 10.5 million people;
• The number of foreigners with legal residence increased from 750 thousand to more than 1.5 million in three years;

The Brazilians are the largest group, totaling more than 450 thousand legal immigrants.

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