LATEST NEWS: New Immigration Law: what changes to the rules on residence and immigration in Portugal?

Law No. 62/2026, which has been in force since 11 September, introduced significant changes to Portugal’s immigration framework, affecting the conditions for obtaining residence, labour mobility and immigration control mechanisms.

The new rules cover different categories of foreign nationals, including international students, workers and families wishing to settle or remain in Portugal, thereby reinforcing the importance of proper migration planning.

1. Higher education and vocational training students

The new legislation removes the possibility for certain higher education students to obtain a residence permit after entering Portugal legally without a residence visa. As a general rule, it is now necessary to obtain the appropriate visa in advance, before entering the country.

A specific route to residence for certain vocational training courses has also been abolished.

However, an exception remains for secondary school students who have entered and remained in Portugal legally, provided the legal requirements are met.

2. Greater flexibility in professional mobility

The new rules allow, in situations provided for by law, a change of employer or a change in the nature of self-employment, subject to notification to the Agency for Integration, Migration and Asylum (AIMA), without the need for a new residence permit to be issued.

3. Residence for parents of minors

Under this provision, access to a visa-exempt residence permit is now limited to the parents of minors of Portuguese nationality residing in Portugal, provided they effectively exercise parental responsibilities and ensure the maintenance and education of their children. Previously, this possibility did not depend on the nationality of the minors.

4. Protection against forced removal and expulsion

More restrictive requirements are established for certain forms of protection, including the requirement for a minimum period of five years’ residence for foreign nationals born in Portugal or present in the territory since before the age of 10, as well as the requirement for the legal residence of foreign minor children.

Conversely, certain unaccompanied minors and foreign nationals with adult children who are effectively dependent due to disability, serious illness or incapacity are expressly covered, subject to statutory exceptions.

5. Screening and return at the border

The new screening and return procedures at the border include identity, security and health checks, the identification of vulnerabilities and the determination of the applicable procedure. Provision is also made for independent monitoring of compliance with fundamental rights by the Ombudsman.

6. Extension of stay for seasonal workers

More than one extension of the stay of seasonal workers is now expressly permitted, whilst the limit of 9 months within any 12-month period remains in place.

7. The importance of migration planning

The amendments to the Aliens Act reinforce the importance of proper migration planning and an individualised assessment of each situation, both for foreign nationals wishing to reside in Portugal and for companies hiring international professionals.

The Immigration and Nationality team at Antas da Cunha Ecija constantly monitors legislative developments and provides legal advice to individuals, families and companies on defining and implementing immigration solutions tailored to their needs.

To understand the impact of these changes on your specific situation, please contact our team.