Overview of Law 61/2025
Law 61/2025, officially published in the Portuguese Gazette on October 22, 2025, represents the most comprehensive overhaul of Portugal's immigration framework in nearly two decades. The law amends the foundational Law 23/2007, introducing a new legal framework governing the entry, stay, departure, and removal of foreign nationals in Portugal. This legislation reflects a fundamental shift in Portugal's immigration philosophy, moving from the permissive open-door approach that characterized the 2018-2024 period to a more structured, skills-based system.
The new law emerged from a contentious political process that included a presidential veto, a Constitutional Court ruling that struck down several provisions as unconstitutional, and subsequent revision by Parliament. The final version, approved on September 30, 2025, incorporates changes mandated by the Constitutional Court while still implementing the center-right coalition's vision for a more regulated immigration system. Understanding these changes is essential for anyone currently in or planning to enter Portugal's immigration system.
End of Manifestation of Interest
Perhaps the most significant change is the repeal of the manifestação de interesse (manifestation of interest) system. Under the previous framework, foreign nationals could enter Portugal on a tourist visa or visa exemption and then regularize their status by demonstrating employment or self-employment through a manifestation of interest filed directly with immigration authorities. This pathway was widely used, particularly by Brazilian, Angolan, and other CPLP nationals, and was a major driver of the immigration surge that saw roughly 1.5 million foreigners settle in Portugal.
With the new law, this pathway no longer exists. All foreign nationals seeking to live and work in Portugal must now obtain the appropriate visa before arriving in the country. It is no longer possible to convert a tourist visa or visa-free entry into a residence permit. This change has profound implications for those who were planning to use the manifestation of interest route, and it affects the strategies recommended by immigration consultants and lawyers who previously guided clients through this process.
New Visa Requirements
The law introduces a strictly enforced residence visa requirement. Anyone planning to reside in Portugal must obtain a residence visa from a Portuguese consulate in their home country or country of legal residence before traveling. The visa application process includes providing complete documentation upfront, undergoing background checks, and demonstrating that the applicant meets all requirements for the specific permit category they are seeking. This represents a significant departure from the flexible approach that previously allowed many immigrants to sort out their paperwork after arriving.
A notable addition is the new Visto para Procura de Trabalho Qualificado, or Qualified Job-Seeker Visa. This visa is available exclusively to applicants with specialized technical skills and allows them to stay in Portugal while seeking highly qualified employment. It reflects the government's stated goal of shifting toward skills-based immigration, prioritizing applicants who can fill gaps in Portugal's labor market. The visa has specific eligibility criteria related to qualifications and professional experience that must be demonstrated at the application stage.
Family Reunification Changes
Family reunification rules have been substantially tightened. Under the new law, family reunification is generally limited to foreign nationals who have held a valid residence permit for at least two years. This is a significant increase from previous requirements and means that newly arrived immigrants must wait longer before bringing family members to Portugal. The change has been particularly controversial, with critics arguing that prolonged family separation causes unnecessary hardship.
There are important exceptions to the two-year rule. Families with minors or dependent children can apply for reunification immediately, recognizing the best interests of the child. Holders of Golden Visas, EU Blue Cards, and highly skilled worker permits are also exempt from the waiting period. Additionally, reduced waiting periods of 15 months apply if the couple can demonstrate they cohabited for at least 18 months before the immigrant's arrival in Portugal. Understanding which exceptions apply to your situation is critical for planning purposes.
Constitutional Court Challenges
The path to Law 61/2025 was far from straightforward. On August 8, 2025, Portugal's Constitutional Court struck down several key clauses of the original immigration bill as unconstitutional. The court's objections centered on provisions affecting family reunification rights, administrative delays, unclear legal conditions, and restricted judicial access. The same day, President Marcelo Rebelo de Sousa vetoed the decree and sent it back to Parliament, forcing a revision of the legislation.
The court's intervention was significant because it reinforced core constitutional principles of legal certainty, proportionality, and equality as they apply to immigration law. Several provisions that would have further restricted family reunification or limited access to judicial remedies were struck down. The revised bill, approved on September 30, 2025, incorporated the court's mandated changes while maintaining the overall direction of the reform. However, ongoing legal challenges to specific provisions remain possible, and applicants should stay informed about potential further changes.
Transition Rules and Deadlines
Critical transition rules apply to those with pending applications or existing permits under the old system. Pending residence applications submitted under the previous rules must be finalized by December 31, 2025, or they expire. If you had a pending application that was not resolved by this deadline, you may need to resubmit under the new framework, which could mean starting the process from scratch with different requirements. Checking the status of any pending application should be an immediate priority.
Existing residence permit holders have a 180-day window to convert their permits into the appropriate category under the new law. This is particularly relevant for those who obtained their permits through the manifestation of interest route, as that category no longer exists. Failing to convert within the 180-day period could jeopardize your legal status. If you are unsure how the transition rules affect your specific situation, seeking legal advice promptly is strongly recommended to avoid missing critical deadlines that could affect your right to remain in Portugal.