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New rules reinforce the mechanisms for the return and removal of foreign citizens in irregular situations and establish criteria for the protection of minors, families, and beneficiaries of international protection.

The President of the Portuguese Republic, António José Seguro, promulgated on August 31, 2026 the decree that significantly alters the legal regime for the entry, stay, exit, and removal of foreign citizens in Portugal, as well as the rules relating to the granting of asylum and international protection.

The promulgation occurred after the Constitutional Court concluded that the norms submitted to preventive review by the President of the Republic were not unconstitutional. The decree had been referred to the Court due to, among other issues, doubts related to the best interests of children, the possibility of separation between parents and children, and the proportionality of periods of deprivation of liberty of foreign citizens by administrative decision.

A Reform with a Special Impact on the Return of Foreigners

One of the main characteristics of the reform is the strengthening of the regime for the return and removal of foreign citizens who do not have the right to remain in Portugal.

The new regime seeks to make the removal procedure faster and bring it closer to models already used in other Member States of the European Union. Among the changes is the reformulation of the current mechanism of “voluntary departure”, which will now be framed as a duty to leave the national territory.

In practice, the reform seeks to reduce administrative steps considered redundant and make the execution of return decisions more effective. The regime provides, in certain situations, the possibility of proceeding directly to removal mechanisms without having to go through all the previously existing steps.

This does not mean, however, that any foreign citizen in an irregular situation can be immediately expelled from Portugal. The application of the new rules will continue to be subject to legal requirements, the specific circumstances of each case, and the guarantees provided for in the Portuguese legal system and European Union law.

Greater Efficiency of Removal Procedures

The reform is part of a broader policy to strengthen the capacity of the Portuguese State to execute decisions regarding the return of foreign citizens without the right of residence.

The stated objective is to make the transition from an administrative decision to departure to the effective execution of the return more efficient, especially in cases where the foreign citizen has no legal basis to remain in the territory.

This change is particularly relevant in a context where Portugal has already been strengthening the structure responsible for border control and the return of foreign citizens, namely through the National Unit for Foreigners and Borders (UNEF) of the Public Security Police (PSP).

At the same time, voluntary return continues to be an important alternative to forced removal. Data released by the PSP indicated that more than a thousand foreign citizens had voluntarily returned to their countries of origin through assisted return mechanisms since the creation of the UNEF.

Protection of Children and Family Relationships

Despite the strengthening of removal mechanisms, the new legislation does not eliminate guarantees related to the protection of minors and family life.

This was, in fact, one of the main issues that led the President of the Republic to request the preventive review of the legislation.

The Constitutional Court specifically analyzed the rules related to situations that could involve the expulsion of children born in Portugal, the possible separation of parents and children, and the situation of people who may benefit from international protection.

In considering the constitutional norms, the Court also established interpretative criteria to guide the actions of the courts and administrative authorities in the application of the new legislation.

Thus, the existence of a removal order should not be analyzed in isolation: family circumstances, the presence of minors, ties to Portugal, and the possible existence of international protection rights may be legally relevant to determine the legality and manner of execution of a removal measure.

Rules Regarding Asylum and International Protection

The reform also alters the regime related to the reception of foreigners and stateless persons and the granting of asylum and international protection.

The Constitutional Court deemed it particularly important to clarify that the new rules cannot be interpreted in a way that allows for the removal of individuals who genuinely meet the criteria for international protection under the Portuguese legal system and applicable international instruments.

Thus, strengthening return policies should not be conflated with eliminating the right to seek international protection or with the possibility of the indiscriminate removal of asylum seekers or beneficiaries.

What changes for those living or intending to live in Portugal?

The reform underscores the importance of foreign nationals keeping their documentation and immigration status duly regularized.

For those already residing in Portugal, decisions rejecting residency applications, cancelling permits, or other administrative orders requiring departure from the territory could lead to more immediate consequences and necessitate a timely legal response.

For those intending to enter or remain in Portugal, it becomes even more crucial to use the appropriate immigration pathway from the outset, avoiding stays in the country without a valid permit or legal basis.

It will also be essential to individually analyze situations involving family, minor children, residency applications, Portuguese nationality, international protection, or other legal ties to Portugal, as these factors may be relevant to the application of return and removal rules.

Is the law already in effect?

Promulgation is a key step, but it should not be confused with the legislation actually entering into force.

The new legislation still requires official publication in accordance with applicable procedures; it is necessary to verify its publication and the specific provision regarding its entry into force to determine exactly when each amendment becomes applicable.

Therefore, foreign nationals currently in Portugal should not assume that a specific rule applies simply because the law has been promulgated.

What should be done in the event of irregular status or a departure order?

The new legislation makes an individualized legal analysis even more important before simply ignoring a notification or administrative decision. Depending on the circumstances, there may be avenues for administrative or judicial challenge, as well as grounds relating to family situation, fundamental rights, international protection, or other factors that must be considered prior to the enforcement of a removal measure.

Likewise, individuals planning to move to Portugal should first assess the most appropriate legal pathway for entry, residence, employment, study, family reunification, or establishing ties within the country.

The new Foreigners Act therefore represents a significant shift in the Portuguese immigration system: while the State is strengthening its mechanisms for control and the return of those without the right to remain, the implementation of these measures remains subject to the Constitution, European Union law, and the fundamental guarantees applicable to each specific case.

Our team handles matters related to immigration, residence, nationality, family reunification, international protection, and legal issues arising from the application of the Foreigners Act in Portugal. Contact us for more information.