Law tightens rules for entry and stay of foreigners, affecting Brazilians, and imposes new requirements on visas and residence
Those for immigration in Portugal come into force this Thursday (23.Oct.2025). The law was published on Wednesday (Oct 22) in Republic Gazette and mainly affects visa regimes, residence permits and family reunification rules.
The new rule, by President Marcelo Rebelo de Sousa (independent), makes it difficult for foreigners to enter and stay in the European country and affects Brazilians residing in Portugal.
Among the main changes are:
- visas and entry into Portuguese territory: the law reinforces the general conditions for granting visas (residence, temporary stay, short stay and search for qualified work) and explains requirements such as having a return transport permit. Visas are only valid for Portuguese territory. It is also foreseen that a visa will be refused to anyone who has entered or stayed illegally, with a possible ban for up to 7 years in cases of a serious threat to order or security;
- visa to look for qualified work: a specific visa is created for searching for qualified work, aimed at those with specialized technical skills (list will be defined by ordinance). The visa may allow you to carry out highly qualified activities until the end of its validity or until residency is granted; includes the appointment date at Aima (Agency for Integration, Migrations and Asylum) and, if activity begins during the period, gives the right to request a residence permit. If there is no hiring by the end of the period, the person must leave the country and can only apply for another similar visa after one year;
- expression of interest: residence permit procedures based on Expression of Interest are revoked. The route is, as a rule, via the appropriate visa before entering Portugal (with legal exceptions);
- family reunification: The need for valid residence remains to request regrouping, with stricter rules: in general, the holder must have a valid residence permit and prove accommodation, means of subsistence and, after granting, compliance with integration measures (such as training in the Portuguese language). There are exceptions for minor/incapacitated children and other situations present in the law. Renewal may require proof of integration and that there was no use of social support. Spouses/de facto unions must be 18 years old and have a valid relationship under Portuguese law;
- CPLP (Community of Portuguese Speaking Countries) residence permit: the application for a CPLP residence permit is subject to possession of a residence visa. It is no longer possible to request the AR-CPLP “already in territory” without the appropriate visa. The article also refers to Aima as a counter to apply for the CPLP modality;
- entrepreneurs and startups: now allows the granting of a residence permit to foreigners who develop an entrepreneurial project —including an innovative-based company— integrated into a certified incubator, with exemption from some requirements of article 77 (specific means), as long as they comply with the other general conditions;
- deadlines, schedules and administrative decision: Aima must organize and publish scheduling criteria for interviews and analysis, giving applicants predictability. The decision on requests must be made within 9 months (extendable in exceptional cases linked to complexity). The work search visa comes out with a scheduling date within the validity period indicated in the article (120 days referred to in the provision);
- other control rules and practical effects: in addition to the territorial limitation of visas, the law reinforces the control of entries and stays: requests made after irregular entry may be refused; visas can be denied when there is a record of illegal stay; and, in certain cases, a period of impediment of up to 7 years is established. Recent public explanations also highlight the combination of measures: restriction on work search visas, adjustments to family reunification and changes to CPLP.
BRAZILIANS WILL BE AFFECTED
According to the latest report from 2023, there were 368,449 Brazilians in Portugal (35.3% of the total number of foreigners that year). The number does not include Brazilians who have citizenship of an EU country (European Union). In March this year, the Prime Minister of Portugal, (PSD, center-right), spoke of around 550 thousand Brazilians residing in the country.
According to one carried out by the INE (National Institute of Statistics) of Portugal, if the flow in the country ceased to exist, the resident population, estimated at 10.7 million people in 2024, would fall to around 6 million in 2100.
1ST TEXT WAS REJECTED BY THE COURT
The law in the Assembly of the Republic on September 30 is a 2nd version. The 1st was in August by the Constitutional Court – the Court was called by the president.
The text, produced by the center-right party that governs the country, the (Democratic Alliance, PSD and CDS-PP), was approved on September 30, with the support of the anti-immigration party and the (Liberal Initiative).
The left and center-left parties – (Partido Socialista), , (Partido Comunista Português), (Bloco de Esquerda) and (People-Animais-Natureza)– voted against the proposal.
