In recent years, one of the most discussed phenomena in Portugal and around the world, and one that has been increasing significantly, is immigration. In Portugal, we know that this issue has been the subject of much discussion, thus giving rise to the need to create mechanisms that can regularize it, always trying to ensure that all those who live here or want to live here can do so safely and in decent conditions.
ARTICLE PUBLISHED IN SEVERAL NEWSPAPERS AND RADIO STATIONS – 18/06/2025
In this sense, Law 23/2007 of July 4, which establishes the legal regime for the entry, stay, exit and removal of foreign citizens from Portuguese territory, provides for a set of measures, including checks on entry and exit from Portuguese territory, carried out at qualified border posts.
This law applies to foreign citizens and stateless persons (people who are not recognized as citizens of any country, i.e. do not have legal nationality in any state). However, it does not apply, among others, to nationals of a member state of the European Union or a state party to the European Economic Area and Schengen Area.
This law has been subject to many changes, always seeking to satisfy the interests of the entire population in a balanced way. One of these changes came recently with Law No. 9/2025, of February 1, through which a deadline was implemented for the voluntary departure of foreign citizens who are living illegally in the country, becoming 10 and 20 days, after notification by AIMA (Agency for Integration, Migration and Asylum), I.P., GNR or PSP, with the same deadline applying when the residence permit is canceled. There have also been changes for CPLP (Community of Portuguese Speaking Countries) applicants, who can now also apply for a temporary residence permit. Any discrepancy between these applicants and nationals of other countries has also been eliminated.
The new legal framework of Law 9/2025 is accompanied by other legislation which, together, aims to simplify and improve the efficiency of the immigration system in Portugal. As of 21/03/2024, Decree-Law 37-A/2024 repealed old procedures for the au-
torization of residence by expression of interest, replacing them with a more simplified and swifter access regime. It also removed Article 88 of Law 23/2007, which focused on the regularization of non-employment residency situations and now promotes a model that focuses more on the legalization of entry into the country and the necessary documentation.
In turn, Decree-Law 41-A/2024 of June 28 provided more practical solutions to the administrative delays caused by the pandemic, in combination with the institutional change of the Immigration and Borders Service (SEF). This law extended the validity of all visas and residence permits expiring after 22/02/2020 until 30/06/2025, cf. Article 1, thus allowing thousands of immigrants to maintain their rights while awaiting answers. In addition, the functions of the now-defunct SEF were transferred to the Immigration and Mobility Agenda (AIMA), allowing applications to be made online, without the need to travel in person. This transformation was crucial to help manage the growing demand and strengthen the effectiveness of immigration services.
All this legislation has improved the application of Law 9/2025, providing greater legal certainty and transparency, fewer risks and greater protection of immigrants’ rights. They also reflect the legislative evolution in the creation of a current immigration system that is more accessible, efficient and dignified.
Judith Teodoro,
Lawyer
With the collaboration of the collegues,
Catarina Menezes and Filipa Cabral
