Portugal Tightens Immigration Rules And Proposes Changes To Nationality Law

Recent changes to Portugal's immigration laws have taken effect, and amendments to the Nationality Law are still under review by the President of the Republic for possible enactment, veto, or referral to the Constitutional Court for a constitutionality review.

Here's a roundup of recent changes and proposed reforms:

Major Changes to Immigration Laws

• Abolition of the "Expression of Interest" System:
  The "expression of interest" system, which allowed individuals to apply for residence permits from within Portugal without a visa, has been abolished. Foreign nationals must now obtain the correct visa before entering Portugal. In-country applications will only be considered for minors.
• New Restrictions on Residence Permits:
  Residence permits can no longer be requested solely based on undocumented status or after illegal entry. Serious violations may result in bans ranging from five to seven years, with consideration given to whether there is a serious threat to public order, public security, or national security.
• Stricter Family Reunification Rules:
  Family reunification rules have been tightened. With few exceptions, applicants must have at least two years of legal residence in Portugal to apply. However, children under 18 and dependents can still join family members regardless of their status.
• Reinforced Proof of Housing and Financial Means:
  Applicants will face stricter requirements regarding housing and financial means:
  • Subsistence: Applicants must demonstrate that their means of subsistence are sufficient to support the entire family unit without relying on social benefits.
  • Housing: Accommodation must meet safety and sanitation standards and be comparable to what is typically available for a family in the same region of Portugal.
• Mandatory Language and Civic Courses:
  All new family reunification applicants must attend Portuguese language courses and undergo training on constitutional principles.
• Temporary Provisions for Pending Residence Applications:
  During the 180-day period following the law's entry into force, the following temporary provisions apply:
  • Work Permit Conversion:
    Holders of existing residence permits for subordinate or independent work may apply to convert their permits into a residence permit for teaching, highly qualified, or cultural activities within 180 days, provided they meet the new eligibility criteria for these categories.
  • Family Reunification (for those already in Portugal):
    The right-holder of family reunification has 180 days to apply for residence permits for family members already in Portugal, as long as the family members entered legally and meet all other legal requirements.

Proposed Nationality Law Reforms

• Extension of Residency Requirement:
  The minimum residency requirement for citizenship has been extended. Now, most applicants must have lived in Portugal for ten years, while applicants from Portuguese-speaking countries (members of the Community of Portuguese Language Countries) must have resided in Portugal for at least seven years.
• Mandatory Language and Civic Knowledge Tests:
  Applicants for citizenship will be required to take tests on language and civic knowledge, including Portuguese culture, history, and national symbols. This applies to all cases without exception.
• Stricter Criminal Record Limitations:
  Stricter limitations based on criminal records have been introduced. Applicants with any criminal offenses punishable by imprisonment for two years or more are ineligible for naturalization. This is a reduction from the previous threshold of three years.
• New Requirements for Children Born in Portugal:
  For children of foreign nationals born in Portugal, at least one parent must have had five years of legal residence in Portugal. Additionally, explicit declarations will be required for birth citizenship requests. The previous requirement was one year.

These changes reflect Portugal's effort to tighten immigration and nationality requirements, establish clearer application criteria, and close previously flexible routes to residency and citizenship.

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