Portugal’s Immigration Law Has Changed: Complete Guide to Law No. 62/2026

Old and new rules

What is Law No. 62/2026?

Law No. 62/2026 was published in the Diário da República on 10 September 2026 and entered into force on 11 September. It changes Law No. 23/2007 on entry, stay, residence, work and removal, as well as Laws Nos. 27/2008 and 34/94. A substantial part implements the EU Migration and Asylum Pact.

Qualified job-search visa — visto para procura de trabalho qualificado

This is not a general “come to Portugal and look for any job” visa. The consolidated framework targets holders of specialised technical skills and permits highly qualified professional activity. The qualificado requirement is central. No unverified occupation list, fee, portal or document checklist is stated here.

Residence renewals and public-authority protocols

AIMA may conclude protocols with local authorities, autonomous-region bodies and other public-administration bodies to simplify reception and referral of residence-renewal applications and related titles. This does not automatically open a renewal service in every municipality; actual availability depends on concluded protocols and official notices.

Students and trainees

Article 91(4), Article 92(4) and Article 93(3) were repealed. The affected exemptions allowed certain higher-education students, secondary/CITE level 4 students and trainees to seek residence without the normally required visto de residência. Education itself is not prohibited and the student residence system continues, but admission or enrolment alone is not a right to in-country regularisation.

Workers, employers and self-employment

Article 88(8) lets a work-residence holder change employer after notifying AIMA, without a new title merely for that change. Article 89(6) similarly permits a self-employed residence holder to change the nature of the activity after notification. Under Article 81, the applicant, legal representative or employer may submit the application; submission by an employer does not remove any visa or substantive requirement.

Cancellation of residence

Cancellation must be notified to the person with the reasons for the decision and entails seizure of the corresponding residence title. The provision does not by itself describe every later administrative step; the notice and available remedies must be examined.

Residence through a child

Article 122(1)(k) now concerns the foreign parent of a minor Portuguese citizen living in Portugal, where the parent effectively exercises responsabilidades parentais and provides maintenance and education. A foreign child merely holding residence is no longer sufficient under that paragraph alone. Other child, parent and family provisions may still apply depending on nationality, birthplace, residence history and education.

Article 122 remains in force

Article 122 still contains special exemptions for defined situations, including certain persons born or educated in Portugal, specified parents or ascendants, some long-term residents, people unable to return for health reasons, certain former Portuguese citizens, victims of serious labour exploitation or trafficking, and defined student-to-work transitions.

Article 123 — exceptional residence

Article 123 remains an exceptional mechanism outside Article 122 for national interest, humanitarian grounds—particularly the best interests of the child—and public interest arising from significant scientific, cultural, sporting, economic or social activity. It is not an unrestricted route. The new law also permits use of certain statements previously supplied to AIMA.

Arriving as a tourist and changing status

The classic manifestação de interesse system ended in June 2024; that was not introduced by Law No. 62/2026. This law further narrows particular visa exemptions. “Arrive as a tourist, find work and automatically switch” is therefore not a reliable residence route, although specific statutory exceptions require separate assessment.

CPLP citizens

Law No. 62/2026 did not abolish the CPLP regime. AIMA’s dated guidance states that new grants presently require an appropriate consular visa, an in-person appointment, biometrics and supporting documents, and use the uniform EU card; a new grant is valid for two years. The special CPLP regime must not be confused with the general rules.

AIMA’s 90 + 30 day decision period

Under Article 82(5), where no special period applies, a residence application must be decided within 90 days. An exceptional, duly reasoned extension of 30 days is possible and the applicant must be informed. Expiry of 90 or 120 days does not automatically grant residence.

Refusal and judicial challenge

Article 82(8) requires notification of refusal with reasons, the right to judicial challenge and the applicable period. A screen showing indeferido is not a substitute for checking the formal decision.

The 20–30 day period and possible extension

Article 138 generally gives 20 to 30 days to a person whose stay or residence application was refused or whose visa or title was administratively cancelled. PSP’s national director may extend the period after considering matters such as length of stay, children attending school, other family members and social ties. Extension is not automatic.

SIS record and different removal procedures

A dever de abandono is recorded in SII UCFE and entered in SIS as a return indication for one year, including the departure deadline. It gives time to leave voluntarily. It is legally distinct from administrative forced removal (afastamento coercivo) and judicial expulsion (expulsão judicial).

Statutory protection against removal

Protected categories include certain people born in Portugal and resident for at least five years; parents effectively caring for and supporting legally resident third-country-national minor children; people present since before age ten and resident for at least five years; and unaccompanied minors below the age of criminal responsibility. Family life, children and Portuguese ties matter, but the scope and statutory exceptions demand individual assessment.

Voluntary return — regresso voluntário

The State may support return to the country of origin or another third country that will legally admit the person through voluntary-return programmes. AIMA may manage those programmes without prejudice to PSP’s powers. Voluntary return is distinct from forced removal and judicial expulsion.

Sanctions concerning seasonal employers

Article 198-D prohibits an employer who seriously breaches statutory obligations concerning seasonal workers from hiring seasonal workers. The provision protects workers by strengthening employer compliance; no unsupported fine amount or duration is inferred.

Existing residence-card holders

The law does not collectively cancel existing valid permits. Holders remain subject to their category’s requirements, while some procedures—such as an employee’s change of employer—are simplified.

Border return, screening and fundamental rights

Articles 40-C to 40-F establish procedimento de regresso na fronteira for people whose international-protection request at the border was not accepted. The general maximum is 12 weeks, with a possible six-week crisis extension. This is an EU asylum/border-return mechanism, not a time limit for ordinary AIMA renewals or work, student or family residence. Articles 40-G to 40-N establish triagem linked to the EU Screening Regulation; it is not a general check on tourists or ordinary residence applicants. The Provedor de Justiça independently monitors fundamental rights in screening.

18 practical scenarios

Myths and facts

Myth

Portugal never grants in-country residence now.

Fact

Some routes narrowed; Article 122 and other exceptions remain.

Myth

Cursos profissionais were banned.

Fact

Education was not banned; the affected visa exemption changed.

Myth

Parents can no longer obtain residence.

Fact

The Portuguese-minor route remains and other family categories may apply.

Myth

AIMA silence for 90 days means approval.

Fact

There is no automatic approval rule.

Myth

Changing employer requires a new card.

Fact

Article 88(8) requires notification, not a new title solely for that reason.

Myth

Dever de abandono is automatic deportation.

Fact

It is distinct from forced removal and judicial expulsion.

Myth

Law No. 62/2026 abolished CPLP.

Fact

The CPLP regime continues.

Frequently asked questions

Quick article index

Arts. 78, 81, 82, 85, 88, 89, 91, 92, 93, 122, 123, 135, 138, 139, 198-D: renewals/protocols; submission; decisions; cancellation; employment; self-employment; students; trainees; visa-exempt categories; exceptional residence; removal protections; duty to leave; voluntary return; seasonal-employer sanctions.

Arts. 40-C–40-F and 40-G–40-N: border return and screening.

Conclusion

It is legally incomplete to say that Portugal has prohibited immigration or abolished every route from within the country. The reform narrows several “enter first, create status later” mechanisms, particularly education-related visa exemptions and Article 122(1)(k), while Article 122 and other exceptions remain. Correct visa and status at entry are more important. At the same time, employer and activity changes are simplified for lawful residents, a general AIMA decision period is established, and a qualified job-search route exists for its defined highly qualified purpose. Separate Pact rules reshape border and asylum procedures.

Update history

17 September 2026 — First comprehensive guide prepared; the official text, principal amendments and relevant official implementation sources were checked.