Portugal new immigration law 2022

The entry, stay, exit and removal of foreigners in Portugal has a new legal regime. The Parliament decree, promulgated by the President of the Republic on 4th August 2022, proceeds with the 10th amendment to Law No. 23/2007, of 4th July (Portugal's Immigration Law) and also has an impact on real estate in Portugal. After all, foreigners have been a driving force of strong growth and investment in the sector in recent years, through different routes. Here at idealista/news, we're having a closer look at the main changes to the law on foreigners in Portugal on legal grounds. This is what you need to know about the new Portugal immigration law in 2022.

Portugal new immigration law 2022

Marcelo Rebelo de Sousa approved the diploma "in a hurry", justifying the promulgation with the "importance of the implementation of the Agreement on Mobility between the Member States of the Community of Portuguese Language Countries" (CPLP) of July 2021, in a note published on the page of the Presidency of the Republic. But the Head of State left a warning that, in the future, "some formal inaccuracies" in the new Immigration Act and the contributions of external entities to Parliament on this matter should be taken into account.

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The new law on foreigners in Portugal was approved by the Portuguese Parliament on 21st July, in a final vote, with the votes in favour of PS, PCP, BE and Livre and the abstentions of PSD, IL and PAN, which "represents a national consensus", in the words of the President of the Republic.

What has changed in Portugal's immigration law in 2022?

Among other measures, in summary, the new legal regime for foreigners in Portugal foresees:

• facilitating the issuance of visas for CPLP (Community of Portuguese Language Countries) citizens;
• creating a visa for job seekers
• putting an end to the quota regime for immigration
• making it easier to obtain residence visas for foreign students attending higher education in Portugal;
• granting a residence or temporary stay visa to digital nomads.

In order to understand the new Immigration Law in Portugal in greater detail, Lamares, Capela & Associados* analysed the diploma and highlighted the following changes, in the following points.

Amendments to the Immigration Law in Portugal approved by the Portuguese Parliament

The granting of temporary stay and residence visas for citizens covered by the Agreement on Mobility between Member States of the CPLP (Community of Portuguese Language Countries).

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Residency Visa in Portugal

This visa allows the holder to request a residence permit in Portugal, which has an initial duration of one year and is renewable for successive periods of two years.

Requirements for obtaining a residence visa for nationals of countries belonging to the CPLP

Residence visas and residence permits may be granted to nationals of countries belonging to the CPLP provided that they meet cumulatively the following requirements:

• there are no measures banning the applicant from entering Portugal; and
• there is no evidence of a threat by the applicant to public order, security or public health in Portugal.  

Temporary Stay Visa in Portugal

This visa allows nationals of a member state of a country belonging to the CPLP to stay in Portugal on a temporary basis (for a period of more than 3 months and less than 1 year), when they have entered legally in Portugal. This temporary permit may be renewed for an equal period.

Creation of a visa for family reunion in Portugal

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The purpose of the visa for family reunion is to accompany family members of the applicant of a residence visa, and the applications may be submitted simultaneously.

Who can obtain a visa for family reunion?

The following are considered to be family members of the applicant's family:

1. The spouse or unmarried partner;
2. Children who are minors or incapacitated and are dependants of the couple or of one of the spouses or unmarried partners;
3. Minors adopted by the applicant when not married, by the applicant or by the spouse, as a result of a decision of the competent authority of the country of origin, provided that the law of that country grants to the adopted children the same rights and duties as those of natural filiation and that the decision is recognised by Portugal;
4. Adult children, who are descendants of the couple or one of the spouses, who are single and are studying at an educational institution in Portugal;
5. Adult dependent children of the couple or one of the spouses, who are single and studying, whenever the holder of the regrouping right has a residence permit granted under the Investment Residence Permit (ARI);
6. Ascendants in the direct line and in the first degree of the resident or his/her spouse, provided that they are dependent on him/her;
7. Minor siblings, provided that they are under the resident's guardianship, in accordance with a decision made by the competent authority in the country of origin and provided that this decision is recognised by Portugal.

Creation of a residence and temporary stay visa for remote workers in Portugal

Residence Visa

This type of visa entitles its holder to reside in Portugal in order to work, even remotely, for an individual or company with residence or head office outside national territory.

Temporary stay visa

This visa is granted for the duration of the stay and is valid for multiple entries into national territory.

Creation of a residence visa for job seekers

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A job seeker visa in Portugal entitles its holder to enter and remain in Portugal for the purpose of seeking work and authorises the holder to engage in a dependent employment activity, until the expiry of the visa or until a residence permit is granted.

This visa is valid for 120 days and may be extended for a further 60 days.

At the end of the 180 day period, if the holder has not yet signed a work contract and applied for a residence permit, they must leave the country and are only permitted to apply for a new visa to seek employment one year after the expiry date of the previous visa.

How can the holder of this visa obtain a residence permit in Portugal?

When the visa is obtained, the holder will have immediate access to the date of the appointment at the SEF (Foreigners and Borders Service) in Portugal. If you have already formalised your employment relationship before the date of that appointment and provided that you comply with the general requirements, you may acquire a residence permit in Portugal.

This residence permit will be valid for two years from the date of issue of the residence card and is renewable for successive periods of three years.

Another of the main legal changes which is closely related to the creation of this new type of visa is the elimination of quotas for workers in the visa for the exercise of subordinate professional activity.

Besides the creation of new types of visas, the following procedural measures are also of note:

• Facilitation of the residence visa to attend studies in Higher Education

Whenever the applicant is admitted to a national higher education institution, the granting of a residence visa to attend a higher education study programme is now exempt from SEF's prior opinion.

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a) The Consulate will consult directly the second generation Schengen Information System (SIS II) and can only refuse the visa if an alert in the SIS II indicates refusal of entry and stay.

b) The Consulate immediately notifies SEF that the visa has been granted and SEF may activate police measures in national territory, at border control, or even cancel the visa.

• Automatic attribution of provisional IFN, NISS and User ID in the scope of the residence visa

With the granting of the residence visa a residence pre-authorisation is issued, which contains information relating to:

1. obtaining the residence permit;
2. the provisional attribution of the tax identification number, social security number and user number.

*Diogo Capela, Lawyer, Partner, Lamares, Capela & Associados