The Portuguese government has amended its law and allowed specific foreigners to get residence permits once again even after 3 June’s Decree-Law no. 37-A/2024.
This new amendment means that foreigners who have entered before 3 June can still apply for the residence permit and legalization in Portugal according to articles 88 and 89.
New applications for the Expression of Interest can be accepted if the applicant can show that, before June 3, 2024 (when Decree-Law No. 37-A/2024 took effect), they were registered with Social Security and actively contributing through either an employee or independent professional role, aiming to complete a 12-month period.
Summary of the new changes
To update Decree-Law No. 37-A/2024, the Liberal Initiative Parliamentary Group introduced Bill No. 220/XVI/1. This bill was approved by the Assembly of the Republic, sent for formal enactment, and led to Law No. 40/2024, enacted on November 7.
The new text proposes the following updates:
- Article 2 Amendment to Decree-Law No. 37-A/2024 of June 3;
- Article 3 of Decree-Law No. 37-A/2024 of June 3 will be revised to include the following:
Article 3
The abovementioned cases will continue to be governed by the previous version of Law No. 23/2007, dated July 4.
- Residence permit processes started before this law took effect;
- Cases where an individual, even if they hadn’t submitted an expression of interest, can prove that they were registered with Social Security and actively contributing through employment or independent work before the law took effect, aiming to complete the 12 months required under Article 88(6) of Law No. 23/2007, dated July 4, in its original form.
Diverse effects of the 3 June Law
Portugal’s immigration rules were changed through a decree by the new government. According to this law, the residence permit regulations were made stricter on 3 June 2024 for undocumented migrants. The long-implemented mechanism of “manifestation of interest” was brought to an end.
This change unexpectedly affected many foreigners who were already living in Portugal before the decree was published, leaving them with little time to submit their applications to AIMA (Agency for Integration, Migration, and Asylum).
Many of these immigrants were already working or providing services in Portugal and had reasonably expected to formalize their status through the Expression of Interest process.
Some had registered with Social Security and were close to completing the required 12-month period outlined in the recently repealed sections 88(6) and 89(5) of Law No. 23/2007. These individuals, along with their families, were already socially and economically integrated into Portuguese society.
This sudden shift has led to significant uncertainty and vulnerability for many, including families with young children who are enrolled in Portuguese schools. Advocacy groups for immigrant rights have voiced concerns, arguing that the transition measures in place are inadequate and unfair.
These new changes will help all candidates to get better integrated into Portuguese society.