On September 11, 2026, Law No. 62/2026 came into force in Portugal, introducing sweeping changes to migration legislation. The new rules affect study residence permits, case processing times, permit renewals, conditions for working residents, family routes, and departure procedures after a refusal.
Study Residence Permit Now Requires a Residence Visa
The option to obtain a residence permit while studying at a university without a prior residence visa has been abolished. Previously, a student could apply for a residence permit inside Portugal holding only a student visa, or even without one — the new law has reworked this logic. Paragraph 4 of Article 91 has been repealed.
However, not all study programs require a visa. Secondary school pupils who are legally in the country can still obtain a residence permit without a residence visa under Article 92. So before submitting documents, it’s important to clarify the type of program and its legal status.
At the time the law took effect, the website of Portugal’s Agency for Migration and Asylum (Acesso) may still have contained references to the old visa-free filing options, so when planning your route it’s important to check the text of the law itself, not just the agency’s instructions.
Initial Residence Permit: Processing Times Extended
The review of an initial residence permit still takes place within 90 days, but the agency may extend the process by an additional 30 days if the case is complex or there are other justified exceptional circumstances. The applicant must be notified of such an extension.
Permit Renewal: Silence No Longer Saves You
The review period for permit renewal remains 60 days, but the most important thing has changed: if a decision isn’t made in time for reasons beyond the applicant’s control, this is no longer treated as automatic approval. Previously, the agency’s silence was considered a positive outcome; now that practice has been abolished.
Working Residents Get More Flexibility
An application for an initial residence permit can now be filed not only by the applicant or their representative, but also by the employer.
If you hold a residence permit for employed work, it’s enough to notify the agency when changing employers. You don’t need to obtain a new card just because of a change of employer. A similar logic applies to independent professional activity: notification is sufficient when the nature of the work changes.
Family Routes: Stricter Requirements for Parents
Previously, a residence permit without a residence visa could be obtained by parents of minor children living in Portugal, or parents of children with Portuguese citizenship. The new law narrows the rule: a residence permit can be obtained by a parent of a minor Portuguese citizen residing in the country, provided the parent genuinely fulfils parental responsibilities and provides for the child’s support and education.
Family routes planned under the old rules need to be rechecked.
Permit Refusal: Departure Deadline and Entry Into Schengen
In the event of a refusal of stay, a refusal of a residence permit, or the cancellation of a visa or card, a deadline of 20 to 30 days is set for leaving Portugal. This deadline may be extended depending on the specific situation: length of residence, children in school, family and social ties.
The decision requiring departure is recorded in the Schengen Information System for one year.
Border Screening for Certain Categories
For certain categories of foreigners, an initial screening procedure has been introduced: identity verification, biometrics, security, health and vulnerability checks. At the external border, screening must be completed within a maximum of seven days; when carried out inside the country, within three days.
This is not a new procedure for every arriving traveler, but a tool for specific migration and border situations provided for under the new European migration pact.
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