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Country Update 2026: PORTUGAL

  • Raquel Cuba Martins
  • Jun 7
  • 6 min read

Contributed by: Raquel Cuba Martins (SRS Advogados & Associados, RL)

May 2026



1. Legislative Changes


Stricter requirements for job-seeker visas


The job seeker visa is now address to applicants who demonstrate specialized technical skills, definition to be defined by ministerial ordinance.


This visa authorizes the pursuit of highly qualified professional activity until the expiry of its validity and includes the scheduling of an appointment with AIMA within the visa’s validity period (up to 120 days) to replace the visa by a residence permit.

 

In the absence of commencement of professional activity and documentary regularization by the expiry of the visa, the holder must leave the country and may only submit a new visa application for the same purpose within one year.

 

Family reunification conditional on two years of legal residence

 

The general rule shall henceforth be the possibility of family reunification only after two years of the sponsor’s lawful residence, with family members who cohabit with or are dependent upon the sponsor, irrespective of whether the family ties were established prior to or after entry into national territory.

 

For a spouse or equivalent partner who has cohabited with the sponsor for at least 18 months in the period immediately preceding the latter’s entry into Portugal, the residence permit shall be granted for a duration of 15 months.

Exceptions to the above rule are: dependent minors or incapacitated persons, a spouse or equivalent partner who is the parent/adoptive parent of a dependent minor together with the sponsor, and family members of holders of residence permits under Articles 90, 90-A and 121-A of Law no. 23/2007—namely: (i) residence permits for teaching, highly qualified or cultural activities; (ii) residence permits for investment activity; and (iii) beneficiaries of the “EU Blue Card”— which are not subject to this rule.

 

Adequate accommodation and sufficient means of subsistence without recourse to social assistance are required (to be defined by administrative regulation). The marriage shall be valid accordance to Portuguese Law and a minimum age of 18 years for the spouse/equivalent partner is required.

Furthermore, compliance with integration measures, including Portuguese language and constitutional principles and values training, and attendance of compulsory education for minors is now a requirement.

 

The application shall be decided within a period of nine months, extendable once, for an equal period, in exceptional cases due to complexity. It may be refused on grounds of public order, public security, or public health.

 

 Jurisdictional protection and AIMA


Law 61/2025 clarifies the procedure for challenging AIMA’s decisions and omissions.


During the last 3/4 years the Administrative Couts have been flooded with a specific type of legal proceedings (which processing is urgent), aimed to protect the rights of those affected by the omissions or wrong decisions issued by the immigration office.  

 

The law now states that bringing urgent legal proceedings can only take place in case AIMA’s actions or omissions demonstrably, directly and seriously jeopardize the timely exercise of rights, freedoms or guarantees of those citizens.


The judge’s preliminary analysis shall confirm if considering the number of proceedings, AIMA’s workflow and capacity to deal with a huge number of applications, the proceeding can be accepted.

 

Amendment to the Residence Regime for Citizens of the Community of Portuguese-Speaking Countries (CPLP)

 

The special mobility regime for nationals of the Community of Portuguese-Speaking Countries (CPLP) was revised to introduce stricter procedural requirements. While previously benefiting from simplified residence procedures, applicants must now obtain a residence visa prior to entry, submit their application through the competent migration authority, and undergo security and background checks. These reforms aim to align the CPLP regime with the general immigration framework while preserving certain facilitative elements. This measure effectively nullifies the benefits of the CPLP residence card, but, in turn, grants recognition of this special regime in other Schengen countries, which was not the case under the previous system.

 

Main Changes to the Citizenship Law

 

The latest amendments approved by the Parliament are in force since 19th May 2026 and introduced fundamental changes to the criteria for acquiring citizenship, as well as the elimination of specific naturalization regimes.

 

There are 6 key points:

 

  • Original citizenship – children of foreigners born in Portugal (Article 1);

  • Naturalization of adults (Article 6, paragraph 1);

  • Naturalization of minors (Article 6, paragraph 2);

  • Elimination of the Sephardic route and other special regimes (Article 6, paragraphs 5, 7, and 13);

  • Third degree direct descendants (Article 6, paragraph 8)

  • Interim residence periods (Article 15).

 

With regard to the original citizenship of children of foreign nationals born in Portugal (Article 1), the new wording introduces three fundamental changes, namely: (i) automatic citizenship by birth no longer applies; instead, a positive declaration of intent by the parent is now required; (ii) legal residence of the parent is always required; and (iii) the residence period increases from one to five years. Proof of residence now requires, in addition to the parent’s identification document, a document proving the father’s or mother’s valid residence permit or status, as provided for in paragraphs 1 and 2 of Article 15 of the previously applicable law.

 

Regarding the naturalization of adults (Article 6, paragraph 1), the minimum period of legal residence is now 7 years for citizens of countries where Portuguese is the official language and of EU Member States, and 10 years for all others, whereas the previous regime required only five years for everyone. Alongside the legal residence periods, new requirements are introduced, such as (i) knowledge of the Portuguese language and culture, history, and national symbols, demonstrated by a test or certificate; (ii) knowledge of fundamental rights and duties and the political organization of the State; (iii) a solemn declaration of adherence to the democratic rule of law; and (iv) the ability to ensure one’s own subsistence.

The criminal record requirement deserves special mention, as a conviction carrying a prison sentence of more than 3 years for crimes of terrorism, violent and especially violent crime, highly organized crime, crimes against state security, or aiding illegal immigration now constitutes grounds for rejection. This requirement constitutes a rebuttable presumption, the assessment of which falls to the Public Prosecutor’s Office, with the possibility of judicial appeal by the interested party.

 

With regard to the naturalization of minors (Article 6, paragraph 2), the Government shall now grant citizenship to minors born in Portugal who are children of foreign nationals only when all of the following requirements are met: (i) one of the parents has resided legally in the national territory for at least five years; (ii) the minor regularly attends compulsory schooling, where applicable; and (iii) if the minor has reached the age of criminal responsibility, meets the requirements  above: (i) knowledge of the Portuguese language and culture, history, and national symbols, demonstrated by a test or certificate; (ii) knowledge of fundamental rights and duties and the political organization of the State; (iii) a solemn declaration of adherence to the democratic rule of law.

 

Finally, it is also worth noting, with regard to the calculation of residency periods, the inclusion of consecutive or non-consecutive periods, provided that these periods occurred within a maximum interval of 6 (six) years for stateless persons, 9 (nine) years for citizens of Portuguese-speaking countries and Member States of the European Union, and 12 (twelve) years for citizens of other countries. The previous 15-year window is thus considerably reduced.

Also, the term is now counted from the day the first residence card is issued and no longer from the date of residency application.

 

Regarding the elimination of the Sephardic route and other special regimes (Article 6), paragraph 5 of Article 6 has been deleted which allowed for the naturalization of children of foreigners born in Portugal with an exemption from the legal residence requirement (whether for the parents or the applicant). Paragraph 7 is also repealed, which allowed for the naturalization of descendants of Portuguese Sephardic Jews. Therefore, the regime is revoked in its entirety.

Paragraph 8, in turn, has been revised to now allow the granting of citizenship, to individuals who (i) are third-degree direct descendants of native-born Portuguese citizens and (ii) have had legal residence in the national territory for at least five years.

 

The Government has now 90 days from the publication of the law to make the necessary amendments to the Portuguese Citizenship Regulation. The law entered into force on May 19 and takes effect as of that date; however, the previous law applies to administrative procedures pending as of the date of entry into force.

 

 

 
 
 

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