Eurofound's EU PolicyWatch collates information on the responses of government and social partners to the COVID-19 crisis, the war in Ukraine, rising inflation, as well as gathering examples of company practices aimed at mitigating the social and economic impacts.
Factsheet for measure PT-2024-23/3740 – measures in Portugal
Country | Portugal , applies nationwide |
Time period | Open ended, started on 03 June 2024 |
Context | Labour Migration Management |
Type | Legislations or other statutory regulations |
Category |
Promoting the economic, labour market and social recovery into a green future
– Other |
Author | Heloísa Perista (CESIS) |
Measure added | 07 April 2025 (updated 13 May 2025) |
Law 59/2017, amending Law 23/2007 which establishes the legal regime for the entry, stay, exit and removal of foreigners from national territory, allowed, through an expression of interest, the regularisation of the stay on national territory, through the exercise of a subordinate or independent professional activity, without a valid visa for this purpose.
This possibility was revoked by Decree-Law 37-A/2024, of 3 June, that entered into force on 4 June 2024.
Decree-Law 37-A/2024 amends Law 59/2017, of 31 July, which amended Law 23/2007, of 4 July, revoking residence permit procedures based on expressions of interest, safeguarding, however, the situation of foreign citizens who have already started residence authorisation procedures under those instruments.
According to the government in office at the time, recent legislative changes had contributed to setting up a system for obtaining residence permits, with the registration of an expression of interest and the promise of a work contract being sufficient for this purpose. Furthermore, presumptions of legal entry based on dependent or self-employed work on national territory had come into force, on the condition that the applicant had social security contributions for at least twelve months.
In the government's view, these changes clearly allowed any foreign national to remain in Portugal, even if they had entered the country illegally.
The impact of these changes will have been felt immediately, since there has been an exponential growth in requests for legalisation by this means, which is an instrument used by criminal networks linked to human trafficking and aiding illegal immigration.
The government has therefore decided that it was urgent to reverse this situation, combat illegal immigration routes and improve legal immigration channels, so that foreign citizens are protected during the regularisation and documentation process in Portugal and the country once again becomes an example of good practice in welcoming and integrating foreign citizens.
According to the interim report released by AIMA, on 8 April 2025:
With regard to the impact of the end of the expression of interest on 3 June 2024 under Decree-Law 37-A/2024, it was found that the flow of foreign citizens entering the country seeking a residence permit went from 156,951 in the 1st half of 2024 to 64,848 in the 2nd half of 2024, reflecting a 59% decrease.
Workers | Businesses | Citizens |
---|---|---|
Does not apply to workers | Does not apply to businesses |
Migrants or refugees
|
Actors | Funding |
---|---|
National government
|
No special funding required
|
Social partners' role in designing the measure and form of involvement:
Trade unions | Employers' organisations | |
---|---|---|
Role | No involvement | No involvement |
Form | Not applicable | Not applicable |
Social partners' role in the implementation, monitoring and assessment phase:
Social partners were not involved.
Social partners did not express their views on this measure.
Citation
Eurofound (2025), Revocation of residence permits based on expression of interest , measure PT-2024-23/3740 (measures in Portugal), EU PolicyWatch, Dublin, https://static.eurofound.europa.eu/covid19db/cases/PT-2024-23_3740.html
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