Changes to Immigration and Nationality

SÉRVULO PUBLICATIONS 27 Jun 2025

On June 23, 2025, the Council of Ministers approved several changes in the areas of immigration and nationality.          

• Immigration

The proposed amendment to the Aliens Act introduces substantial changes to the regime for the entry and stay of foreign citizens in Portugal, with a direct impact on CPLP visas, family reunification and work-seeker visas, namely:

a) Job-seeking visas will now be reserved exclusively for highly qualified people, with the creation of a specific channel for attracting talent in conjunction with higher education institutions;

b) It will no longer be possible to obtain a CPLP residence permit on the basis of tourist visas or visa exemptions, and a valid residence visa issued by the competent consular post will be required;

c) CPLP visas are now subject to mandatory security checks by the Internal Security System;

d) Within the scope of family reunification, it is established:

1. The applicant must have been legally resident in Portugal for 2 years;
2. Only minors may apply in Portugal; the rest must apply from abroad;
3. Increased requirements regarding accommodation and means of subsistence, with the exclusion of social benefits for calculation purposes;
4. Compliance with integration measures by applicants and family members, including mastery of the Portuguese language and, in the case of minors, compulsory school attendance;

e) Applications may be rejected for reasons of public order, safety and public health;

f) The system of tacit approval is eliminated and an express decision is required for all applications. 

• National Foreigners and Borders Unit

Following the approval of the respective bill, the National Foreigners and Borders Unit will be created, which will be a specialized structure of the Public Security Police (PSP), with powers to (i) control entries into national territory, (ii) monitor the conditions of stay of foreign citizens and (iii) carry out coercive removal measures whenever there is a situation of irregular stay. 

• Extension of Residence Permits

Finally, a law was approved that (i) extends until October 15, 2025, all residence permits subject to successive automatic renewals since the pandemic, which were scheduled to expire by June 30, 2025, and (ii) allows the renewal of said permits until that date, upon submission of the respective application, through direct contact or through the digital platform to be made available by AIMA, I.P. Once the renewal application has been submitted, the applicant will be issued with a proof of renewal, attesting to their regular situation in national territory for a period of six months, until the new residence permit is issued.

In addition, it was established that, as of July 1, 2025, the processing of cases will begin through the mission structure of AIMA, I.P., using its installed capacity.

• Nationality

The proposal to amend the Nationality Law aims to ensure that only individuals with a genuine, robust and lasting connection to the country can acquire Portuguese nationality.

Specifically, it introduces the requirement that, in the case of granting nationality to children of foreigners born in Portugal, it is necessary that (i) one of the parents has been legally resident in the country for at least 5 years and (ii) the wish to see the child recognized as a Portuguese citizen is expressly expressed through a formal application.

With regard to the acquisition of derived nationality by descent, this will be limited to the third degree in a straight line (great-grandchildren) and an effective link to the country must be demonstrated.

With regard to the system for obtaining nationality through naturalization, the bill introduces relevant changes, namely:

a) Extension of the period of legal residence required: 7 years for CPLP citizens and 10 years for the rest, counted from the issue of the residence permit;

b) A requirement to demonstrate knowledge of the Portuguese language, culture, political organization and democratic values;

c) Introduction of a solemn declaration of adherence to the fundamental principles of the democratic rule of law;

d) Individuals with serious convictions or who pose a threat to national security are excluded from the possibility of naturalization;

e) Possibility of losing nationality, by judicial decision, in cases of:

1. Naturalization occurred less than 10 years ago;
2. Dual nationality (without risk of statelessness);
3. Conviction with an effective prison sentence of 5 years or more for serious crimes against persons or against the State
4. The sanction will be ancillary, not automatic, requiring a judgment of proportionality and seriousness in the specific case

f) The waiting period for a residence permit shall no longer be counted for the purposes of obtaining nationality.

Finally, the legislative amendment aims to eliminate the system for Sephardic Jews to obtain nationality.

The changes envisaged are aimed at a profound overhaul of Portuguese immigration and nationality legislation, which is why it will be necessary to analyze each of the proposed changes in detail and from an overall perspective.

The measures approved by the Council of Ministers now need to be discussed and approved by Parliament.

Joana Pinto Monteiro | jpm@servulo.com

Pedro João Domingos | pjd@servulo.com

Ana Patrícia Pereira | app@servulo.com