Article by Alexandra Lopes - Lawyer at International Atlantic Services

Law No. 62/2026 of 10 September amends the Immigration Act (Law No. 23/2007) and entered into force September 11th. The reform supports the national implementation of instruments under the European Pact on Migration and Asylum and also affects the asylum regime and temporary accommodation centres.

The most significant change is the introduction of a border return procedure. Where an application for international protection submitted at the border is rejected, the third-country national remains in an international zone, temporary accommodation centre or other designated location. Such stay does not constitute entry into, or authorisation to remain in, Portuguese territory. As a rule, the procedure may last for up to 12 weeks, extendable by six weeks in a crisis situation. If return cannot be carried out within that period, the person is authorised to enter Portuguese territory and the general removal regime applies.

The law also introduces a mandatory screening procedure for certain situations of irregular entry or stay. Screening includes identification and collection of biometric data, security checks, medical examinations, assessment of vulnerabilities, and referral to the appropriate procedure. It must generally be completed within seven days at the external border and within three days in Portuguese territory. The National Republican Guard (GNR) and the Public Security Police (PSP) are the competent authorities, while the Ombudsman ensures independent monitoring of compliance with fundamental rights.

As regards residence permits, the new rules allow holders to change employer by notifying AIMA, without the need for a new permit to be issued. They also allow self-employed permit holders to change the nature of their activity on the same terms. The general time limit for deciding applications for a residence permit is now 90 days, extendable by 30 days in exceptional and duly justified circumstances; the applicant must be informed of that extension.

The reform also strengthens the role of the PSP in enforcing compulsory removal and amends the rules on placement in temporary accommodation centres. Such placement may last up to 180 days and may be extended for an equivalent period where the foreign national fails to cooperate or where there are delays in obtaining the necessary documentation from third countries.

Finally, a specific consequence is introduced for employers who seriously breach their obligations concerning the recruitment of seasonal workers: they may be barred from hiring such workers.

These changes will require greater attention from employers, accommodation providers and foreign nationals, particularly in matters involving borders, international protection, seasonal employment and the regularisation of stay in Portugal.

The legislative amendments discussed above do not affect the rules governing the Residence Permit for Investment Activity (ARI) programme, commonly known as the Golden Visa programme.