Portugal just approved a new Foreigners’ Law (30 Sept 2025). The changes will reshape how immigrants — including Brazilians and other CPLP citizens — apply for residence, reunite with family, and access rights.
Here’s what has changed
- Restrictions for CPLP nationals (including Brazilians):
- CPLP citizens can no longer enter Portugal as tourists and then apply for residence.
- Now, they must arrive with a consular visa (work, study, retirement, etc.) to apply for a residence permit.
- New rules for job-seeker visas:
- Only highly qualified workers can apply for the job-seeker visa at Portuguese consulates.
- Those who fail to secure employment within the allowed period must return to their home country.
- Re-entry with a new visa is barred for one year after returning.
- PS (Socialist Party) proposed bilateral labour agreements to also cover sectors like agriculture, construction, restaurants, and tourism, but these were not included.
- Family reunification changes:
- General rule of a two-year waiting period for reunification is maintained.
- Exception: if the immigrant proves at least one year of cohabitation with their spouse before entering Portugal, reunification can be requested after just one year in Portugal.
- If the spouse abroad cares for a minor or incapacitated person, the two-year wait is waived entirely.
- Integration measures clarified:
- Spouses and family members must attend Portuguese language and civic training after arrival, not before.
- Minors must comply with compulsory schooling.
- Removed vague wording (“in particular”) that allowed governments to impose extra integration demands by decree.
- Stricter conditions for reunification requests:
- Proof required that marriages/unions are voluntary and valid under Portuguese law (no polygamy or underage marriages).
- Families must show adequate housing and sufficient income without reliance on social support.
- Deadlines for decisions:
- Family reunification requests must be decided within 9 months, extendable to 18 only in complex cases.
- For couples qualifying under the exceptions (previous cohabitation or care of minors), extensions cannot be applied.
- Judicial appeals against AIMA decisions:
- Earlier drafts tried to sharply limit court access; today’s text restores some rights, but with conditions.
- Appeals allowed only when AIMA’s action or omission causes a serious, direct, irreversible violation of rights not otherwise protected by existing legal remedies.
- Judges must also consider whether there is an “excess” of cases already pending against AIMA before ruling.