Key Highlights
- Overview of Portugal’s New Immigration Policy
- The Political Forces Behind the Reforms
- Important Work Visa Issuance Changes
- Family Reunification: New Hurdles for Immigrants
- Effect on Brazilian Migrants and People of CPLP Citizenship
- Enforcement: Fighting Illegal Immigration
- The Residency Regularisation Rollback
- Effects on the Economy and Society
- Stakeholder Responses
- Transition Period and Pending Applications
- Conclusion
With increasing arguments about migration witnessed in the world, Portugal, which was known to be one of the most accommodating countries in Europe, has declared a radical reform of its immigration regulations. Approved by the centre-right government with far-right support, the new measures suggest a firm change to the more stringent visa regime, family reunification, and widespread crackdown on illegal immigration, effectively transforming the world of foreign nationals and potential residents.
Overview of Portugal’s New Immigration Policy
The Parliament in Portugal has supported a comprehensive change of immigration policies and rules, which closes the phase of the Portuguese permissive migration regulations. The minority coalition government (centre-right), led by Prime Minister Luís Montenegro, passed the amended measures with the support of the far-right Chega party, with major opposition from socialist groups.
The relocation is a change of gear. Portugal has instead resorted to the development of rather exclusive avenues of residency and employment to those who have sharply defined educational levels, in addition to increasing stipulations of family-based entry and documentation.
The Political Forces Behind the Reforms
The new immigration law was no less a reflection of the new Portuguese politics than a reflection of the population dynamics. Rapid increase in the number of migrants (40 in 2017 and about 15 percent of the population by the end of 2024) has stirred up integration, resource, and national identity debates.
The reforms are regarded by the government of Prime Minister Montenegro, which assumed power in March 2024, as being necessary to rectify what it has described as the policy of wide-open doors as pursued by earlier socialist governments. Vanessa Barata of the Socialist Party, candidate Rodrigo Cheg, maintained that the policies promoted by the Socialist Party had opened the doors to unregulated migration, whereas Pedro Delgado Alves of the PS accused the new legislation of being a submission to the pressure of the far-right.
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Important Work Visa Issuance Changes
An eye-catching feature of the new law is the significant narrowing of the work visas:
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Only highly skilled immigrants—those in the area of science, technology, the bosses of the top management, etc., in the skilled profession- are permitted to be given the the new privilege to work in the country.
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The mechanism that once granted the undocumented migrants legal status with evidence of employment and social security contributions, even when they entered the country as tourists or without an employment offer, has already been done away with by the government.
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The new restrictions on so-called job seeker visas will apply to candidates with higher qualifications to be determined in the ministerial advice. In case such applicants cannot find a job after 120 days, they will be required to move out of the country until after one year after which they can apply once more.
The purpose of this reorientation is to push Portugal towards the attraction of the so-called needed talent, in particular, to major industries, and to restrict the inflow of low- and middle-skilled migrant labor.
Family Reunification: New Hurdles for Immigrants
The other leg of the reform is the restriction of the family reunification process, which has always been considered a humanitarian channel for migrants:
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A foreign national is now required to have a two-year legal residency before he/she can submit an application to invite family members, unlike in the past, which had minor requirements.
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Although the rule has some exceptions to cases involving minor children who are already present in Portugal, it is likely to limit the possibility of the new migrants associating with their relatives.
These moves are defended by the government as they are required to protect integration capacity and abuse. Critics have said it will cause unnecessary division of families and will slow down integration.
Effect on Brazilian Migrants and People of CPLP Citizenship
The Brazilians, who constitute the highest expatriate group in Portugal, experience a dramatic situation. Automatic residency when they enter the country will no longer be an avenue that they will enjoy, which is given on the basis of a shared language and CPLP agreements. The special status of the Community of Portuguese Language Countries (CPLP) members (Angola, Mozambique, and Timor-Leste) will also be annulled, with all of them needing to obtain pre-approved visas and being subjected to increased restrictions to staying.
It does not just interfere with the migration patterns but sends a distinct message as well. Portugal is beginning to close its so-called easy door to its Lusophone migrants in favour of more selective policies.
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Enforcement: Fighting Illegal Immigration
To make sure it assimilates to the standards set, Portugal will introduce a new National Foreigners and Borders Police Unit:
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This unit, which is in the Public Security Police (PSP), will target undocumented migrants and ramp up the deportation of undocumented migrants.
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It will also deal with more vigilant air border control and control the biometric data acquisition of outsiders to the Schengen Area.
This is a sign of resuming strong border protection, as the previous administration had been criticised due to its elimination of the Foreigners and Borders Service (SEF), in which new migrant control, allegedly, was said to have an edifice.
The Residency Regularisation Rollback
The first one is very radical, namely the removal of the so-called pathway of expression of interest, which until that time enabled migrants to document a year of work and pay social security to legitimise their status, even those who came as tourists or those who overstayed.
The in-place and working individuals who will have made their applications by June 3, 2024, shall have until December 31, 2025, to have completed their residency applications, and no more applications shall be entertained under this transitional arrangement. This seals a loophole that the government considered irregular migration.
Effects on the Economy and Society
Reforms are seen against the background of historic migration flows, which were caused by a shortage of labour forces and a demographic decline. A lot of newcomers possessed vacancies in such areas as agriculture, construction, and hospitality.
The restriction of legal migration to only the highly qualified professionals is likely to create new employment gaps in these industries, which owners will have to overcome by revising their business models, automating, or even paying higher wages that will make them appealing to domestic workers. The government says this will aid the future economic plans of Portugal, but opponents threaten that it will bring adverse impacts to the industries that depend on foreign manpower.
Stakeholder Responses
The new regulations have evoked opposite sides:
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The advocates respond that Portugal is only catching up with the rest of Europe and dealing with chronic administrative delays and malpractices.
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The measures are criticised by the opponents, both immigrant advocacy organizations and left-of-centre parties, as inhumane, economically shortsighted, and regressive regarding integration and diversity.
The government and organisations like Casa do Brasil de Lisboa in Brazil have cried out on the abolishment of automatic residency and the rise in deportations. Others in the legal profession also caution that any changes will cause an appeals overload in the courts due to thousands of others losing or being denied residency.
Transition Period and Pending Applications
The legal residency can be obtained briefly by foreign nationals who are currently in Portugal and are also meeting specific work and social security size and scale before the rollback is implemented in full. The transitional regime is implemented until December 31, 2025, in previously existing cases. With the date thereafter, the legal immigration pool will be reduced drastically according to the new policies.
In the meantime, tens of thousands of applications are dangling before the immigration authority, the AIMA, where there is currently a bottleneck in terms of the number of judges currently hearing appeals, which is again one of the factors that the reforms are intended to alleviate.
Also Read: This Week in U.S. Immigration (July 11): Policy Shifts & Economic Impacts
Conclusion
Immigration reform in Portugal is the opposite of what was there before, and new limits appear on where people can reside, work, and reconnect with their relatives. Although it aims to restore order and recruit highly skilled people, it also becomes dangerous to hinder the chances of less privileged migrants and make this country doubt their future existence as one of the special countries of free citizens, performing a wide range of activities and having fun.
Stakeholders are now viewing the ways in which the law is supposed to be implemented, the efficiency of the new police brigade, and whether there would be exceptions as well as humanitarian considerations that would be observed. To the foreign nationals and their families, the road to Portugal has definitely become longer, more expensive, and less sure. To get updated with more immigration news, contact TerraTern right away!