The legislative landscape of immigration in Portugal has undergone one of its deepest mutations with the publication of Law No. 62/2026 of September 10. This new statute radically alters the legal framework for the entry, stay, departure, and removal of foreign citizens from the national territory, consolidating a transition toward a significantly more restrictive migration policy focused on prior formal legality and the effectiveness of return mechanisms.
The following are the main modifications introduced by the new legislation and the direct impact they will have on the management of migratory flows and the lives of foreign citizens:
1. The definitive end of exceptional regularization pathways: The main banner of this reform is the elimination of regularization channels within the national territory without a prior consular visa.
a) End of visa waivers for vocational training: Previously, many foreign citizens entered as tourists and subsequently enrolled in vocational training courses to obtain a residence permit. This pathway has been formally revoked.
b) Consolidation of the end of ‘Expressions of Interest’: The new law closes the remaining margins of exceptional regimes, strictly requiring that any process of establishing residence must begin in the country of origin through the Portuguese consular network.
2. Hardening of removal and detention measures: The new legislation focuses heavily on the effectiveness of return decisions and the sanctioning of irregular immigration, applying substantially longer periods for administrative detention:
c) Extension of detention periods: The maximum period of administrative detention for foreign citizens undergoing removal proceedings – previously set at a general limit of 60 days – increases to six months. In complex cases (such as the non-cooperation of the individual or delays in obtaining documentation from third countries), this period can be extended up to a maximum limit of 360 days.
d) Strict deadlines for voluntary departure: Whenever the voluntary departure from the national territory is ordered, the time limit is rigidly bounded up to 30 days, reducing the discretion and extended periods that existed under the previous framework.
3. Reconfiguration of police and operational competences: The reform of September 2026 redefines and strengthens the role of security forces:
e) Greater rigor in enforcement: The execution of removal decisions and the effective control of irregular stays gain greater traction with the direct and reinforced involvement of police authorities (PSP and GNR).
f) Streamlining of processes: The bureaucratic procedures for issuing deportation orders and escorting individuals to the border have been simplified, aiming for a swift and immediate execution of judicial and administrative decisions.
4. Restrictions on immunity from removal: One of the most debated points of the new law concerns the modification of safeguards that prevented the deportation of foreign citizens with strong family ties in Portugal:
g) More demanding criteria for parents: The rules that guaranteed immunity from removal to foreign citizens with dependent minor children in the national territory have been revised. It now requires strict criteria regarding a minimum period of prior legal residence in the country, limiting the use of parenthood as an automatic bar to deportation proceedings due to irregular stay.
Law No. 62/2026 of September 10 signals the definitive end of an era of regulatory tolerance in Portugal. By aligning national guidelines with stricter European border control standards, the Portuguese State prioritizes immigration channeled through consular pathways over in loco de facto regularization.
While on one hand, the law aims to combat illegal immigration networks and ensure national sovereignty, on the other hand, it poses immediate challenges to integration and legal stability for thousands of migrants who sought their life project in Portugal.
Read Dr Eduardo Serra Jorge’s last month’s article: Long-Term Resident Status in Portugal: integration and mobility within the European Union